Understanding Car Accidents Caused by Brake Checking in Texas: What You Need to Know

Car accidents are an unfortunate reality on Texas roads, and one particularly dangerous and often overlooked cause is brake checking. This aggressive driving maneuver can lead to serious accidents, legal complications, and significant financial burdens for victims. As a resident of Texas, it’s crucial to understand what brake checking is, how it can impact you, and what legal recourse you have if you’re involved in a brake-checking accident. In this blog, we will delve into the concept of brake checking, provide examples, explore its legal implications in Texas, and guide you on the steps to take if you fall victim to this reckless behavior.

What is Brake Checking?

Brake checking refers to the intentional act of abruptly hitting the brakes to startle or provoke the driver behind. This behavior is often a manifestation of road rage or an attempt to control the speed and behavior of other drivers on the road. The sudden deceleration can catch the following driver off guard, leading to a rear-end collision. While it might seem like a minor act of annoyance, brake checking can have devastating consequences, particularly at high speeds or in heavy traffic.

Real-Life Example of Brake Checking:

Imagine driving on Loop 1604 in San Antonio during a busy weekday. Traffic is moving at a brisk pace, and you’re maintaining a safe distance behind the car in front of you. Suddenly, the driver ahead, irritated by the proximity of your vehicle, decides to slam on their brakes without any legitimate reason. You react as quickly as possible, but the abrupt stop doesn’t give you enough time to avoid a collision. The crash results in significant damage to your car and injuries to both you and your passengers.

This scenario is an example of brake checking, where the leading driver’s intent to provoke or punish the following driver leads to a dangerous accident. In such cases, determining liability and proving the reckless intent of the brake-checking driver is crucial for any legal proceedings that may follow.

Why Do Drivers Engage in Brake Checking?

Understanding the motives behind brake checking is essential to addressing and preventing this dangerous behavior. Drivers may engage in brake checking for various reasons, including:

1. Road Rage: Anger or frustration with another driver’s behavior can lead to impulsive actions like brake checking. This is particularly common when a driver feels that the vehicle behind them is following too closely or driving aggressively.
2. Control: Some drivers use brake checking as a way to assert control over the road, forcing other drivers to slow down or change lanes. This need for dominance can stem from a sense of entitlement or an inflated sense of superiority on the road.
3. Revenge: If a driver feels slighted or wronged by another motorist—perhaps due to being cut off or honked at—they may use brake checking as a form of retaliation. This vengeful act can quickly escalate into a serious accident.
4. Testing the Reaction of the Driver Behind: In some cases, drivers may brake check out of curiosity or to test the attentiveness of the driver behind them. While this may seem harmless, it can have dangerous consequences, especially if the following driver isn’t expecting it.

Regardless of the reason, brake checking is an irresponsible and dangerous behavior that puts everyone on the road at risk.

Psychological Aspect of Brake Checking:

The psychology behind brake checking often ties back to the broader concept of aggressive driving. According to the AAA Foundation for Traffic Safety, nearly 80% of drivers admitted to expressing significant anger, aggression, or road rage at least once in the past year. Brake checking is one of the many manifestations of this anger on the road. The impulse to brake check is often fueled by a perceived slight, where the driver feels wronged and seeks immediate retribution, without considering the potential consequences.

Understanding this psychological trigger is important for addressing the behavior. It also highlights the need for drivers to remain calm and composed, even when provoked, to avoid escalating potentially dangerous situations.

The Legal Implications of Brake Checking in Texas

In Texas, the law takes brake checking seriously due to the inherent risks it poses. Under Texas law, brake checking can be classified as reckless driving—a criminal offense that carries severe penalties. Texas Transportation Code § 545.401 defines reckless driving as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” Brake checking, which is an intentional act of aggression, fits squarely within this definition.

Potential Legal Consequences:

1. Criminal Charges: A driver caught brake checking can be charged with reckless driving, which is considered a misdemeanor in Texas. Penalties may include fines, community service, and even jail time, depending on the severity of the incident.
2. Points on Driving Record: Reckless driving adds points to a driver’s record, which can lead to increased insurance premiums and, in some cases, license suspension.
3. Civil Liability: Beyond criminal charges, a driver who brake checks can be held civilly liable for any accidents or injuries that result. This means they may be responsible for compensating the victims for medical expenses, property damage, lost wages, and pain and suffering.
4. Insurance Implications: Brake checking can also affect the brake checker’s insurance. Insurance companies may deny coverage for damages caused by intentional acts, leaving the brake checker personally liable for all costs associated with the accident.

Case Law Example in Texas:

Consider a Texas case where a driver, frustrated with a tailgating vehicle, intentionally slammed on their brakes on a busy highway, causing a rear-end collision. The tailgating driver suffered severe injuries, and the accident resulted in a multi-car pileup. The brake-checking driver was not only charged with reckless driving but was also sued in civil court by the injured driver.

During the trial, the plaintiff’s attorney presented evidence showing that the brake-checking driver had a history of aggressive driving, which supported the claim of reckless behavior. The jury found in favor of the plaintiff, awarding substantial damages to cover medical bills, lost wages, and pain and suffering.

This case highlights the serious legal and financial consequences that can arise from brake checking in Texas. It also underscores the importance of gathering evidence, such as witness statements and dashcam footage, to support claims of reckless driving in court.

How Insurance Companies Handle Brake Checking Claims

When it comes to accidents caused by brake checking, insurance companies play a crucial role in determining fault and compensation. However, dealing with insurance claims in these situations can be complicated.

1. Determining Fault: In rear-end collisions, the following driver is typically presumed to be at fault. However, in cases of brake checking, this presumption can be challenged. If the following driver can provide evidence that the lead driver intentionally brake checked, the lead driver may be held partially or fully liable.
2. Investigating the Incident: Insurance companies will conduct a thorough investigation to determine the cause of the accident. This may include reviewing police reports, interviewing witnesses, and analyzing any available video footage, such as from dashcams.
3. Comparative Negligence: Texas follows a comparative negligence rule, meaning that if both drivers are found to be partially at fault, the compensation awarded to the injured party may be reduced by their percentage of fault. For example, if the following driver was tailgating but the lead driver brake checked, both parties could share responsibility for the accident.
4. Potential Denial of Claims: If an insurance company determines that the brake checking was intentional and reckless, they may deny the claim, arguing that the policyholder’s actions were deliberate and outside the scope of normal driving behavior. This could leave the at-fault driver personally responsible for all damages.

Example Scenario:

Let’s say a driver is brake checked on a busy street in downtown San Antonio. The following driver, unable to stop in time, collides with the rear of the brake-checking vehicle. Both drivers file claims with their respective insurance companies.

The insurance adjuster for the following driver reviews dashcam footage showing the lead driver abruptly braking without any apparent reason. Based on this evidence, the adjuster determines that the lead driver was engaging in reckless behavior and assigns them 80% of the fault for the accident. The following driver, though partially at fault for following too closely, is awarded compensation for 20% of the damages.

This scenario illustrates the complexities of handling brake-checking claims and the importance of having clear evidence to support your case.

Steps to Take If You’re Involved in a Brake-Checking Accident

Being involved in a brake-checking accident can be a traumatic experience. However, taking the right steps immediately after the accident can help protect your legal rights and increase your chances of receiving fair compensation.

1. Stay Calm and Safe: After the collision, ensure your safety and that of your passengers. If possible, move your vehicle to a safe location to avoid further accidents.
2. Call the Police: Always report the accident to the police. A police report is an essential piece of evidence that documents the incident and provides an official record of what occurred.
3. Document the Scene: Take photos and videos of the accident scene, including the position of the vehicles, any skid marks, damage to the vehicles, and the surrounding area. If you have a dashcam, save the footage as it can be critical in proving that the other driver engaged in brake checking.
4. Collect Witness Information: If there are any witnesses to the accident, get their contact information and statements. Witnesses can provide valuable testimony that supports your claim of brake checking.
5. Seek Medical Attention: Even if you feel fine, it’s important to get checked out by a medical professional. Some injuries, like whiplash or internal injuries, may not be immediately apparent but can worsen over time.
6. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Be honest and detailed in your account of what happened, but avoid admitting fault.
7. Consult with a Personal Injury Attorney: An experienced personal injury attorney, such as those at Ryan Orsatti Law, can help you navigate the legal process, deal with insurance companies, and ensure you receive the compensation you deserve.

Example Scenario:

After being brake checked on a freeway, you follow the steps above. You provide your attorney with dashcam footage showing the lead driver’s reckless behavior. Your attorney uses this evidence to negotiate a favorable settlement with the insurance company, ensuring that your medical bills and other expenses are fully covered.

How Ryan Orsatti Law Can Help You

If you’ve been injured in an accident caused by brake checking, navigating the legal landscape can be daunting. At Ryan Orsatti Law, we specialize in personal injury cases and have extensive experience representing victims of reckless driving in Texas.

1. Expert Legal Representation: We understand the complexities of Texas personal injury law and will fight to ensure that you receive the maximum compensation for your injuries.
2. Comprehensive Case Evaluation: We offer a thorough case evaluation to assess the strength of your claim and provide you with a clear understanding of your legal options.
3. Aggressive Negotiation: Our team will aggressively negotiate with insurance companies on your behalf, ensuring that your rights are protected and that you receive fair compensation.
4. Trial-Ready Approach: While we strive to settle cases out of court, we are fully prepared to take your case to trial if necessary to secure the justice you deserve.

Conclusion

Brake checking is a dangerous and illegal driving behavior that can lead to serious accidents, injuries, and legal consequences. Understanding what brake checking is, why it happens, and what to do if you’re involved in a brake-checking accident is crucial for protecting yourself on Texas roads.

If you’ve been the victim of a brake-checking accident, don’t navigate the legal process alone. Contact a San Antonio personal injury lawyer at Ryan Orsatti Law today for expert guidance and representation. Our team is here to help you every step of the way, ensuring that you receive the compensation and justice you deserve.