Brake checking can be a dangerous and aggressive driving behavior. It may be considered illegal in certain situations, but proving fault can be complex. Learn more about brake checking, its legality in Minnesota, and what to do if you’ve been involved in a brake-checking accident.
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- What Is Brake Checking?
- Is Brake Checking Illegal in Minnesota?
- Is Brake Checking Illegal in the United States?
- Who Is at Fault for a Brake Checking Collision?
- How Minnesota’s Comparative Negligence Law Affects Brake Checking Cases
- How Sieben Polk P.A. Can Help with Brake Checking Accidents
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What Is Brake Checking?
Brake checking occurs when a driver suddenly slams on the brakes to intimidate or harass the driver behind them. This aggressive maneuver is often associated with road rage and can cause accidents, especially if the following vehicle is tailgating or not paying full attention.
Common Reasons for Brake Checking
Drivers may engage in brake checking for several reasons:
- To scare tailgaters and make them back off
- To express road rage or frustration
- To punish the driver behind them
- To participate in insurance fraud schemes
While the intent may not always be to cause an accident, brake checking can lead to dangerous situations on the road.
Is Brake Checking Illegal in Minnesota?
Although there is no specific statute in Minnesota for brake checking, it may be classified as reckless driving, especially if done without cause. Minnesota law prohibits reckless and careless driving, which can cover brake-checking behavior.
Minnesota Statute 169.13 on Reckless Driving
Minnesota Statute 169.13 covers both reckless and careless driving:
- Careless driving involves operating or stopping a vehicle without regard for others’ safety.
- Reckless driving refers to consciously disregarding a substantial risk that your actions could harm people or property.
Brake checking may fall under these categories if it is done with malicious intent.
Is Brake Checking Illegal in the United States?
Most U.S. states don’t have specific laws against brake checking but do have laws against reckless and aggressive driving. Only Alabama and California have direct laws that make brake checking illegal.
How Does Brake Checking Relate to Reckless Driving Laws?
In states like Minnesota, brake checking may be covered under reckless driving laws, which prohibit aggressive driving that could harm others. The key factor is whether the driver consciously disregarded the risk of injury or damage.
Who Is at Fault for a Brake Checking Collision?
Determining fault in a brake-checking accident can be difficult. In rear-end collisions, the following driver is typically at fault. However, if the lead driver engaged in brake checking, they may be held liable for the crash.
How to Prove Fault in Brake Checking Incidents
To prove fault in a brake-checking collision, you’ll need strong evidence, such as:
- Eyewitness testimony
- Video footage
- Damage to vehicles
- Statements from drivers involved
- Skid marks at the accident scene
Proving intent, or that the driver braked with malicious intent, is key to a successful claim.
How Minnesota’s Comparative Negligence Law Affects Brake Checking Cases
Minnesota follows a modified comparative negligence rule (Minnesota Statute 604.01). This means that if you’re found to be 50% or more at fault for the accident, you won’t be able to collect damages. However, if the other driver is primarily at fault, you may still be entitled to compensation.
How Fault Is Shared in Minnesota Car Accidents
In Minnesota, fault in a car accident can be shared. If the court finds that both parties are at fault, the damages will be adjusted based on each party’s degree of responsibility.
How Sieben Polk P.A. Can Help with Brake Checking Accidents
If you’ve been involved in an accident due to brake checking, it’s important to act quickly. The personal injury lawyers at Sieben Polk P.A. can evaluate your case and help you seek the compensation you deserve.
Get a Free Consultation from Our Experienced Car Accident Lawyers
Contact Sieben Polk P.A. today for a free consultation. Our skilled Eagan car accident lawyers will help guide you through the process and fight for your rights. Call (651) 437-3148 or contact us online to get started.
