Brake checking that causes an accident= You could be liable?

[JEDI]

From:
http://forums.anandtech.com/showpost.php?p=37970999&postcount=20

someone tailgates you.
you brake check.
they hit the guard rail.

I say it's their fault since they were following too close

 

[jagec]

The legal system tends to take a dim view of deliberately doing something that you know may cause an accident, even if the other person is also doing something wrong.

 

[Strk]

Not sure about legality, but pretty sure both are assholes.

 

[uclaLabrat]

anyone who brake checks is a king size twat. Get out of the way if you're going too slow.

 

[GagHalfrunt]

The legal system tends to take a dim view of deliberately doing something that you know may cause an accident, even if the other person is also doing something wrong.

The legal system has almost no way to determine why a driver might brake and it's pretty much impossible to prove it was done maliciously to cause a crash unless the driver is an asshole that brags about it on Facebook or Twitter.

"Your honor, a gust of wind hit my car, it drifted towards the centerline and I braked to assure I maintained control..." Yawn, case over.

If a person can be forced into a crash by another person brake-checking, the person who crashed is the bigger idiot. Period. Drive like a grown-up.

 

[Slew Foot]

How you going to prove they brake checked? There could have been a squirrel crossing the road they were trying to avoid.

 

[master_shake_]

Dashcams are amazing things.

Everyone should have one.

End he said she said forever.

 

[waggy]

Dashcams are amazing things.

Everyone should have one.

End he said she said forever.

/this

 

[angminas]

anyone who brake checks is a king size twat. Get out of the way if you're going too slow.

Tailgating is just as bad.

 

[core2slow]

You're not liable because they can't prove beyond a reasonable doubt that you did it with ill-intent. Could be road debri, could be wild animals, could be a stalled car, other accidents, etc.

Unless dashcam.

 

[master_shake_]

You're not liable because they can't prove beyond a reasonable doubt that you did it with ill-intent. Could be road debri, could be wild animals, could be a stalled car, other accidents, etc.

Unless dashcam.

Id say 9 times out of 10 its malicious

 

[GagHalfrunt]

Dashcams are amazing things.

Everyone should have one.

End he said she said forever.

Uhhhhh, no. Not even close. They're great tools for certain things. They can prove who had the green light, whether you came to a complete legal stop at an intersection, whether you rammed a stopped vehicle or whether he he backed up into you. It can't do dick to determine why a driver braked unless it records a long pattern of the driver brake-checking on an otherwise empty road. People brake for silly or inexplicable reasons all the time. It's not illegal and it doesn't lead to crashes unless some other driver is not in control of his vehicle.

Gust of wind
Saw a squirrel
Heard a siren
Wheel shudder
Piece of debris on the shoulder
etc etc etc

This is really simple. If you're driving in a manner that any other driver merely tapping their brakes sends you careening off the road you are driving like an asshole and you deserve to eat the guardrail.

 

[Raizinman]

It is very common when you have a tailgater to slow down (brake) to allow the tailgater to go around you easier. Not illegal, not irresponsible, not a lawsuit, just good road manners.

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. I've seen that type of action too which would directly then switch the blame to the brake slammer.

 

[core2slow]

Id say 9 times out of 10 its malicious

I'd say 9 times out of 10 the tailgater wasn't being prudent and was driving in a malicious nature.

 

[BUTCH1]

It is very common when you have a tailgater to slow down (brake) to allow the tailgater to go around you easier. Not illegal, not irresponsible, not a lawsuit, just good road manners.

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. I've seen that type of action too which would directly then switch the blame to the brake slammer.

You have to prove that in court. What pisses me off is when I'm trying to leave a reasonable space from the car in front of me and some moron has to jump in front of you, now tacking away that safety margin. If something happens up ahead just after Mr moron jumps in front of you and you slam into his rear YOU will get blamed for following too closely. A dash-cam is almost a necessity if your driving in crowded, down-town areas.

 

[Tommy2000GT]

If you brake check someone, you better be prepared for what's next. The victim could be engaged and pull out gun and shoot you.

 

[feralkid]

If you brake check someone, you better be prepared for what's next. The victim could be engaged and pull out gun and shoot you.

Or if not engaged, they may pull out ring and propose to you.

 

[DrPizza]

You're not liable because they can't prove beyond a reasonable doubt that you did it with ill-intent. Could be road debri, could be wild animals, could be a stalled car, other accidents, etc.

Unless dashcam.

Civil court is a bit easier than "beyond a reasonable doubt."

 

[TastesLikeChicken]

A friend of mine brake-checked someone while driving home after an evening at the bar.

Turned out to be a cop, on duty.

He ended up with a DUI.

 

[LTC8K6]

Most brake checks I see on video are very obvious brake checks, and few would think otherwise when they see the video.

Angry brake checks almost always involve a dangerous pass/swerve to get in front, immediately followed by hard braking.

It's very obvious.

Seldom do I see a brake check that is not preceded by the angry swerving pass.

 

[SP33Demon]

I brake checked people... when I was 18. Grow up, MFers.

 

[bradly1101]

A friend of mine brake-checked someone while driving home after an evening at the bar.

Turned out to be a cop, on duty.

He ended up with a DUI.

Cops tailgate all the time, and they never signal.

 

[Red Squirrel]

I think it depends, here the driver behind would probably be charged for following too close (I think that's an actual law) but you'd probably also be charged for wreckless driving.

Thing is, there are plenty of legit reasons to hit the brakes while driving, such as not wanting to take a huge pot hole at full speed and risk wrecking your car. Summer driving is pretty much a game of deciding which pot hole you take at full speed, which one you can safely swerve around, and which one you need to brake for. If you take the same route a lot then you get to know where the bad ones are and slow down ahead of time but sometimes they can catch you by surprise. I don't care how badly you want to be 2 minutes early to wherever you're going, I'm not going faster than is safe for me or my car.

 

[Red Squirrel]

Cops tailgate all the time, and they never signal.

I had a cop tailgating me once, it was a rather scary situation to be in, as I was actually going over the speed limit. I was not sure if I should speed up, or slow down as either one could have pissed him off. So I just kept going the same speed, he thankfully turned somewhere else at some point.

 

[TastesLikeChicken]

Cops tailgate all the time, and they never signal.

They get close enough to punch your tag # into their computer. If they don't get a hit on priors they usually won't mess with you. The last time I got pulled over was 20+ years ago, for running a stop sign (a California rolling stop), and was let off. In contrast to certain people in this forum, I find that cops are generally pretty laid back and usually are nice folks.