• Brad Keating

Is Brake Checking Illegal in Ohio?

Driving is dangerous for everyone doing it since it only takes one person to cause an accident and injure another driver. It's not uncommon to see someone who followed all traffic rules get into a car accident due to another person's reckless driving.


This is mostly caused because not everyone knows what they can and can't do while driving, so they always end up causing a car accident or falling into one because of another person.


One of the most common car accidents in the U.S -if not the most common- is rear-end car crashes. When these accidents happen, the person behind a vehicle collides with the one in front of it, and it could even cause a chain reaction to other drivers.


Rear-ended drivers argue that they got into a rear-end collision because the car in front of them was brake checking. However, not everyone knows if doing that is legal, so rear-ended drivers think they are always at fault for their accidents. Here, they can know if that's true or not.


Brake checking is dangerous for both victims and the people doing it, and rear-ended drivers need someone to help them get compensation for those accidents. The Keating Law Firm LTD can help victims in Columbus, OH, so they can call them any time they need to.


What Is Brake Checking?

What Is Brake Checking?


Brake checking consists of purposely pressing a car's brakes to suddenly stop and make the driver behind that car crash or move from where it is. Drivers that do that often do it because they get enraged after the other driver gets too close to them.


Some people even brake check a rear driver to get compensation for the collision. Ohio traffic laws state that drivers need to drive at a speed that allows them to safely stop if the car in front of them has a problem or stops, so brake-checked drivers are often the ones at fault for accidents.


People getting brake-checked often need good auto accident lawyers in Columbus to get them out of that ordeal since brake-checking drivers can also be liable for accidents if the other driver can prove they did everything on purpose.


Some people confuse the term brake checking, so they use it in situations where it doesn't apply. If the person stopping their car suddenly, for example, didn't do it on purpose, it's not considered brake checking but rather a problem the driver had. Therefore, they can't be held liable for rear-end crashes.


Driving without brake lights is illegal and dangerous, but it's not brake checking, so other drivers can't accuse people of it. An at-fault driver can't say someone is brake checking because the car in front of them is driving slowly since they need to drive slow enough to avoid those accidents.


Is Brake Checking Legal?


Brake checking is not, by any means, something legal in any state of the U.S. People can't suddenly brake-check someone to take money from them or because they are mad about something the other driver did. Purposely causing an auto accident is something serious, and it could get the driver doing it into serious legal problems.


The problem with that is that it's difficult for the other driver to prove brake-checking drivers brake-checked them if they didn't have a dashcam or something that could record the accident. Nonetheless, if the rear driver can prove the other driver stopped on purpose, they can get compensation for the accident.


Many people think doing this is legal because brake-checking drivers are not always at fault for the rear-end crash they cause. However, that doesn't happen because it's not illegal to brake check, but because other drivers weren't able to prove they were brake checking.

Some could see this activity as something mild that only causes little damage to one vehicle, but the chain reaction brake checks can cause in long roads can make more than one driver stop and crash. These accidents can cause serious injuries to passenger cars.


Is the Rear Driver Always at Fault in Rear-End Accidents?


Rear-end collisions do not always end up with rear drivers being liable for it, but most of them do. It's normal for people to drive faster if they are in a hurry or need to get to a place on time, but it's still illegal for drivers to drive fast enough to crash their cars if the driver in front of them stops.


These drivers are always going to be liable for the accident if the driver in front of them proves they had a reasonable reason to stop. Naturally, brake checking someone doesn't count as a reasonable reason.


The best way to prove motor vehicles were brake checking is by showing a recording of the driver stopping for no reason. Witnesses are also excellent for this matter since they saw what happened from a different perspective. Therefore, many recommend drivers to have dashcams on their motor vehicles.


Is Brake Checking Considered Reckless Driving?

Is Brake Checking Considered Reckless Driving?


No one can brake check another person regardless of the reasons they have to do it. Although it can sound unreal, some people do it just because they are mad at the driver behind them, so they provoke car accidents to annoy them or cause them legal issues.


However, those things are road rage, and regardless of the context in which it happens, road rage is illegal. Therefore, law enforcement officers, traffic courts, and insurance companies see brake checking as reckless driving, like texting and driving, and thus not only something that makes them liable for the rear-end accident but also a crime.


Conclusion


Brake checking is something unlawful and dangerous for anyone close to the person doing it, so no one should even think about brake checking another driver regardless of how bad they drive or how much they honk other drives.


However, someone suffering from brake checking needs to get enough legal assistance and collect evidence to prove they were the victims of the accident. The Keating Law Firm LTD helps victims of this issue in Columbus, OH, and it offers a free consultation of their case to anyone who calls it.