Back in 1940's brake check was used to know if the brakes of the vehicle are functioning well. Tailgating is the action of a driver driving behind another vehicle while not leaving sufficient distance to stop without causing a collision if the vehicle in front stops suddenly. It is an aggressive driving technique . 123456, Jun 7, 2017. GREEN BAY, Wisc. Brake checking, also referred to as brake testing, is the practice of stopping abruptly to have a tailgater elicit an impulse reaction: usually slamming on the brake checker or swerving out of the way to avoid a collision. I didn't speed up but I wouldn't brake either. As for legality, in the UK, it's not illegal unless it's dangerous driving or careless driving. People often do this when they have a tailgater right behind them. When I was learning to drive, I was taught that you should alert the driver behind you that they are too close by brake checking them. Is it okay to brake check a tailgater? In fact, in 1944, Law Enforcement agencies did a nationwide brake program to check drivers' brakes. Tapping the brakes to startle a tailgater was commonly known as a brake test or brake . Just because tailgating is wrong doesn't mean brake checking is right. . A legitimate question in a crash investigation would arise for . The person in front of you, in a brake checking situation, suddenly slams on their brakes. The result: a rear-end accident, and the potential to sustain and/or cause serious injuries. It is very common when you have a tailgater to slow down (brake) to allow the tailgater to go around you easier. . They have everyone aligned, driving in the same direction. What is Brake Checking? Could brake checking another driver be considered an assault? A California personal injury attorney can help you go after money damages if you got injured in an accident that involved tailgating or brake checking. Brake checking accidents also occur naturally, for example, a person simply applies the brakes and when the tailgater is too close to comfort, the tailgater might end up colliding with the person in front or swerve off the road and collide with other cars or pedestrians. "brake checking" is frequently a response to being terrorised and if argued that way it would be very difficult to come up with a counter argument. Consequently, you must keep behind the car in front of you at a safe distance. Jun 7, 2017 #10. 1,230 Your vehicle might lose control and collide with incoming traffic. Both brake checking, and following too close, is a form of sec 172 aka stunt driving. The reverse is not true. That does not, unfortunately, give the tailgating driver any pause. Since brake checking is illegal, they want you to collide with your car at the rear end so that they can report that as an accident and claim compensation from you. The term is often applied in the context of auto racing. However, brake checking is considered reckless driving, which is illegal in Massachusetts, according to General Laws, Chapter 90, Section 24. The obvious danger of a brake check is that the other driver might not be prepared to stop. 1. While tailgating is an unpleasant and unlawful practice, it is always preferable to pull over and let the other car pass rather than brake check them. Brake checking is something that a driver should never do since it can lead to a serious car accident and injuries for the driver and other vehicle occupants. BUT There is a difference between slowing down and slamming on your brakes to try and get the tailgater to hit you or swerve away dangerously. Brake checking is the act of tapping your brakes in a sudden and aggressive manner. Is brake checking illegal in Illinois? Because brake checking is a form of aggressive or negligent driving, it is an illegal action. Before you brake-check a tailgater, consider the possibilities: The driver you brake checked may be a more skillful driver with a much more powerful machine and will force your vehicle off the road or otherwise make your regret what you did. An Air Force driving manual from 1975 describes the risks of the maneuver without using the term brake check. LITTLE CHUTE, WISCONSIN — In one of the most satisfying road rage moments caught on camera, a tailgater gets brake checked and crashes.The minute-long video . You may be annoyed by tailgaters, but acting in a way that might hurt others or result in the tailgater's death or injury is not the solution. That is brake checking. A brake check, also known as a brake test, occurs when a driver deliberately either taps on the brakes several times or slams hard on the pedal when moving in front of another vehicle, with the intention of causing the behind driver to either collide or take evasive action. It refers to the leading driver abruptly slamming on the brakes to warn the following driver to leave more room. Brake checking occurs when a driver immediately slams on his or her brakes when the person behind him or her is following too closely or engaging in tailgating. is a move to make specifications on what constitutes tailgating so that THEN an on the spot fine could be issued. Is it okay to brake check a tailgater? Why You Should Never Brake Check Another Driver While tailgating is illegal and obnoxious behavior, it is always best to try to find a way to pull over and allow the other driver to pass rather than brake check them. Brake checking is often a response to tailgating, it is not a safe way to deal with the problem but often drivers feel under pressure and that they have no other choice. Brake checking is an illegal action. Technically, brake checking is illegal. Is brake checking assault? The tailgater might not have enough time to keep from crashing into you. While tailgating is an unpleasant and unlawful practice, it is always preferable to pull over and let the other car pass rather than brake check them. Why is Brake Checking Illegal? Login or register to post comments; They usually hit the gas pedal equally hard and speed off. If you want to "brake check" a tailgater, at least have the good sense to do it by flashing your brake lights withOUT reducing speed by keeping your right foot on the throttle and using your left foot to touch the brake pedal just enough to activate the brake lights. I would have just moved to the right lane to avoid the danger. And if it's obvious that you knew it was a cop before doing it, then that's assaulting an officer. What Is Brake Checking? The Washington Department of Licensing includes the brake check as one of the behaviors symptomatic of aggressive driving and road rage. Drivers in front often think they won't face responsibility for resulting car accidents, but those drivers couldn't be more wrong. Both the Brake Checker and the Tailgater have better options to serve their company. October 2, 2017 We've all been there. But tapping the brakes is harmless unless someone is tailgating. Brake check at 0' 30" Clearly, the tailgater is following too closely. Brake checking can cause a tailgater to forcefully ram into your vehicle or to alternatively swerve wildly and cause either a single accident or multiple ones involving several vehicles. Should you brake check a tailgater? "If a cop tailgates you for miles, would it be OK to slam on your brakes?" Doesn't matter if it's a cop or not—a "brake check" is a criminal assault. Had he/she not been doing so, the crash would not have happened, and equally clearly, there's a risk that, if the car in front slows down (or even appears to be slowing down), the tailgater might not be able to react in time to avaid a collision which would put the occupants of both vehicles, and in all likelihood others . The obvious danger of a brake check is that the other driver might not be prepared to stop. Even when tailgating is a deliberate act of road rage, brake checking is inexcusable because it's also road rage and equally dangerous. You could be charged if the brake-check is witnessed, and you could also be sued by the driver of the second car in a civil complaint. Brake check at 0' 30" Clearly, the tailgater is following too closely. Brake-checking is a means of retaliation against a driver who is tailgating. The Brake Checker The brake checker usually is the one that starts off in front. Wisconsin tailgater, 'brake check' crash caught on camera. Technically, brake checking is illegal. 2. Can you brake check a tailgater? GenericUserName , Jun 13, 2017 GenericUserName , Jun 13, 2017 Brake checking can, in fact, make a person liable for causing an accident. Brake Checking: A Dangerous Practice That Can Cause a Crash Brake checking is the practice of hitting the brakes to make a tailgater increase their following distance. Brake checking is the act of braking hard in front of a tailgater to dissuade the driver from following too closely. Suppose a driver is following a vehicle closely (about 1 second distance), and the front vehicle is travelling below the municipal speed limit, suppose at ~40~35km/h, all happening on a quiet 10:30pm on an August' Sunday, with the road being dry and well lit, and not a single other moving vehicle in a 300 meters radius, when the . Tailgating is frustrating, but it is not caused to put so many people's lives in danger. Tailgating is a dangerous and illegal driving behavior, and brake-checking is also potentially dangerous — and potentially illegal. A Different Kind of Brake Check. Not illegal, not irresponsible, not a lawsuit, just good road manners. Alaska76 Road Train Member. The interesting thing about brake checks is that both the brake checking and the tailgating are considered to be examples of aggressive or reckless driving. What is getting brake checked? It happens when the following driver understands your purpose for pulling the brake. It's hardly going to make you feel all that great if the tailgater plows into you, even if they're in the wrong. Brake-Checking a Tailgater is NOT a Good Idea. What is getting brake checked? Badges: 22. If you have a tailgater, you should pull over, switch lanes or maintain the speed you're going at, and then change lanes when it's safe. The video . The driver you brake checked may be bad tempered and has a firearm and you become a victim of road rage. But as time goes on, brake checks anything other than checking the quality of the brake. A brake check occurs when a driver deliberately applies their brakes to get another driver, who they often believe is tailgating them, to back off. The tailgater is certainly not the person in the right here. Tailgating is the term used for cars that purposefully drive dangerously close to the car in front, either to try and force them to speed up or to just be a nuisance. Brake checking is not legal, it can lead to serious injury including a wreck with fatalities. Brake checking is as negligent as tailgating, swerving in and out of lanes, or driving distracted. Again, a brake check immediately increases your risk of being involved in a rear-end accident. And I get that. Let's explore the issues involved in car accidents caused by brake checking in California. 5y The One and Only I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. There are two types of brake checking, in my opinion - one is being the slightly arrogant-looking and more than slightly dangerous driver and . While tailgating is annoying and unlawful, you aren't allowed to brake-check another driver. A rear-end collision could be the fault of the leading driver, however, if that driver brake-checked the tailgater. A brake check occurs when a driver deliberately applies their brakes to get another driver, who they often believe is tailgating them, to back off. Brake checking is a maneuver in which a driver intentionally hits the brakes, often forcing the following driver to also brake or take evasive action. The only thing dumber than someone who brake checks a Tailgater is a Tailgater knowing that there are idiots out there who brake check Tailgaters. For the sake of clarity, brake checking is when a driver suddenly taps or slams on the brakes to startle the car behind them. Reality Check. okiedokie, Bob Dobalina, tinytim and 1 other person Thank this. Aggressive Brake Checking. They do this to surprise you, and sometimes it's to intentionally cause a collision. I can see touching the break pedal to make the lights come on to try and make the extreme tailgater back off, but to slam the brakes on isn't too smart. However, people often rationalize the active brake checking by stating that they were simply trying to get the other driver to stop tailgating. . Just stay safe and ignore them if they're being unreasonable. Is Brake Checking Illegal in Illinois? It's called a "brake check." Brake-checking means tapping the brakes so the driver behind you will (hopefully) get the message to slow down and give you some room. Brake checking a tailgater is considered a form of road rage. It is always dangerous, and drivers who feel they are being tailgated should opt instead to get out of the way of the tailgating driver behind them. Brake Checking is not safe in any circumstances. A brake check might prompt a tailgater to ram into your car or swerve erratically, resulting in a single-car or multi-vehicle collision. [report] [news] Monday 24th January 2011. Moreover, the driver might speed up the vehicle and slam into your vehicle intentionally as well. Drivers often use brake checking as a kind of counter-measure against aggressive drivers or as a means of retaliation. It stems from the common thought that insurance companies would find the victim at fault for not leaving enough space to react or brake in . Yet it becomes apparent the objective is not pursued quickly enough for someone in the organization. The brake checker's message is equally strong: "Watch out! ( WBAY) - Police are looking into a highway crash that's creating a lot of discussion on social media. Further, if you or someone you love was injured as a result of another driver's brake checking, you may be eligible for compensation in a personal injury lawsuit. 152 months. 11-15-2017, 02:05 PM . Tail-gater gets brake-checked and crashesFor licensing/usage, email licensing@viralhog.com Brake checking accidents also occur naturally, for example, a person simply applies the brakes and when the tailgater is too close to comfort, the tailgater might end up colliding with the person in front or swerve off the road and collide with other cars or pedestrians. Had he/she not been doing so, the crash would not have happened, and equally clearly, there's a risk that, if the car in front slows down . If you brake check, the tailgater could hit you . The chances of your collision with the incoming traffic increase when you brake check a tailgater. Watch the video, paying particular attention to what happens around the :30 mark. When did "brake checking a tailgater" become slam on your brakes? (1) For the purposes of section 172 of the Act, "race" and "contest" include any activity where one or more persons engage in any of the following driving behaviours: 1. During a brake check, the driver exerts enough pressure on the brake pedal to quickly and significantly slow their vehicle. They hope that the sudden reduction in speed scares the tailgater so that they know to back off. etc, Posted 3 years ago tonyg2003 Most people would move out of the way, but some people become enraged and brake check the other vehicle. 10.3K views Because while the tailgater is driving recklessly, not keeping a safe distance, and pressuring you, you'll also be creating danger. If it can be proven that the other driver brake checked you and was clearly aggressive, they can be faulted for the collision. Now, what if your brake-checking actually does cause an accident when the car behind you rear-ends you. The result: a rear-end accident, and the potential to sustain and/or cause serious injuries. And brake checking was taught as lightly tapping your brakes to the point that the brake lights would turn on while keeping your foot on the gas . Fri, 2016-09-09 12:56 - DriveSmartBC. Put simply, if someone brake checks you, it means they slammed on their brakes aggressively and suddenly to cause either of . Their list also includes tailgating, the action that typically precedes the brake check. Hereof, is it illegal to brake check a tailgater UK? Aggressive Driving | . The safe distance for following another vehicle varies depending on various factors including vehicle speed, weather, visibility and other road conditions. Technically, brake checking is illegal. No matter how the other driver is tempting you, it would help if you never braked check them. Thus, the creator of the danger is the tailgater, upon whom the burden of safe distance rests. A brake check occurs when a driver deliberately applies their brakes to get another driver, who they often believe is tailgating them, to back off. Brake checking can, in fact, make a person liable for causing an accident. As you can imagine, combining an aggressive tailgater with an aggressive brake checker can result in disaster. Consequently, you must keep behind the car in front of you at a safe distance. People often do this as a warning or aggressive act to cars who are following too closely. It generally happens in a road rage or aggressive driving incident and is not an approved driving maneuver. A brake check occurs when a driver deliberately applies their brakes to get another driver, who they often believe is tailgating them, to back off. Even had a guy flash his lights on and off. Some people in this situation might "brake check" the tailgater - they slam on their breaks to send their own message. Also, if you have brake checked a tailgater, you'll be held responsible for the car accident. Brake checking could cause an accident where my car is also damaged, needs to be off the road , repaired, time wasted with insurance companies etc,. 123456, Jun 7, 2017 #9 + Quote Reply. It is the intentional act of forcing drivers behind you to either brake suddenly or swerve to avoid a collision. The tailgater's message is clear: "I need to get somewhere and I need to get there quicker than you are going". Brake checking is the act of sharply hitting the brakes whilst driving with a vehicle behind you, with the intention of making the unsuspecting vehicle slam on their own brakes or swerve out of the way lest they cause an accident. If you brake check a tailgater, you will be in just as liable or even more so than the tailgater. As these two uses imply, brake checking is considered very dangerous, as it can cause the following driver to crash into the brake-checking vehicle. Brake checking can cause a tailgater to forcefully ram into your vehicle or to alternatively swerve wildly and cause either a single accident or multiple ones involving several vehicles. Is brake checking a tailgater illegal in Australia? 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