Motorists should share the road with one another. Unfortunately, many people find that responsibility to be somewhat challenging. Some drivers act as though they are the only ones on the road and may become aggressive toward other drivers, especially when they feel impatient in traffic.
The choices that they make can directly contribute to the likelihood of a serious car crash. In some cases, drivers who feel upset about another motorist maintaining a lower speed may tailgate. Instead of maintaining a safe following distance, they drive very close to the motorist in front of them.
Drivers dealing with tailgating sometimes become annoyed and aggressive in response. They may conduct a brake check. That involves tapping on the brakes or aggressively braking to force the tailgating vehicle to slow down. If tailgating followed by a brake check results in a crash, how can drivers determine who is technically at fault?
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Tailgating isn’t legal
State traffic statutes require that drivers follow certain common sense rules. For example, they need to leave enough space between the front end of their vehicle and the rear of another vehicle to safely stop. Tailgating violates this requirement and increases the likelihood of a preventable collision.
That being said, conducting a brake check isn’t a particularly safe or smart decision in traffic either. Although state statutes do not explicitly prohibit brake checking, police officers might treat brake checking as a form of reckless driving. It involves a motorist engaging in activity that they know might compromise their safety and the safety of others in traffic.
Much is left to the discretion of the police officers investigating a crash and those reviewing requests for compensation. Frequently, drivers who fail to leave adequate space between vehicles are culpable if they cause rear-end crashes. However, the practice of brake checking may raise questions about driver responsibility and who was truly at fault. The drivers may ultimately share fault, which can impact the outcome of insurance claims and personal injury lawsuits.
Drivers should generally try to avoid unsafe habits that increase their risk of a crash, including unnecessary and aggressive braking and tailgating. Reviewing the circumstances leading to a motor vehicle collision with a skilled legal team can help people determine if they may have grounds to hold another party involved accountable for causing the wreck.