SKIP TO CONTENTIt’s no secret that Oklahoma City drivers can be a bit aggressive. Road rage is common on OKC’s crowded streets and interstates. And while brake checking is never a smart idea, more drivers do this than you might realize.
If someone brake checked you and you hit them, you may wonder whether the practice is illegal. While brake checking is not explicitly illegal in Oklahoma, it could be a form of road rage, which is.
Who Is Typically at Fault in a Brake Checking Accident?
Brake checking accidents happen when a driver slams on their brakes to intimidate the driver behind them or even cause an accident. Some motorists “brake check” when they want to warn a rear driver about following them too closely. They might hope the rear driver will rear-end them, making them at fault for an accident.
In the majority of rear-end accidents, the rear driver is at fault. Motorists are responsible for maintaining a safe following distance. The “three-second rule” is a rule of thumb that states it should take at least three seconds to pass a fixed object after the vehicle in front of you passes it.
Failing to maintain this following distance could make it challenging to brake and avoid hitting the vehicle in front of you during sudden stops. But what if the driver braked hard for no reason other than to test you?
Could a Driver Be Cited for Brake Checking?
Oklahoma has no specific laws against brake checking. However, this practice is often considered aggressive driving behavior, which is illegal.
Oklahoma law defines reckless driving as driving a vehicle in a careless way without regard for the safety of others. Intentional braking incidents don’t always cause minor accidents; sometimes, they can lead to serious injuries and severe damage. Brake checkers put others in harm’s way for no valid reason, making them liable for their damages.
If you suspect the driver you struck brake checked you, be sure to tell the officer at the accident scene. They may want to investigate the other driver and issue a citation if they suspect aggressive or reckless driving was at play.
How To Prove a Brake Check Car Crash
Brake checking accidents can be challenging to prove. It may be your word against the other driver’s — which isn’t a good position to be in when you were the one who hit them.
An experienced car accident attorney can help show that the other driver was at fault for the crash. Several types of evidence may prove staged brake check collisions:
- Dashcam footage: If you or any other drivers caught the accident on a dashcam, this footage can help show how the accident happened.
- Driver testimony: Sudden braking accidents typically happen due to a hazard in the road. If the driver did not provide a reason for braking suddenly, this may prove your point that they brake checked you on purpose.
- Witness statements: Witnesses in other vehicles may have noticed the other driver acting recklessly leading up to the crash or realized that they brake checked you.
You don’t need to automatically assume fault for a brake checking accident; allow your attorney to at least explore the idea of holding the other driver accountable.
Let Us Help You Navigate Your Brake Checking Case
Tailgating and brake checking are both dangerous actions. But just because you were following a car too closely does not mean you deserve to be involved in an accident. Our attorneys can help you prove the other driver’s negligence and avoid assuming full responsibility for the accident.
At Bryan Garrett PLLC, we represent car accident victims across the greater Oklahoma City area. Contact us today at 405-369-4498 to schedule a consultation.
Frequently Asked Questions (FAQ)
Q: Is brake checking specifically illegal in Oklahoma?
A: No, Oklahoma doesn’t have a specific law against brake checking. However, it can be considered aggressive driving, which is illegal.
Q: Who is usually at fault in a brake checking accident?
A: Typically, the rear driver is at fault in rear-end collisions. However, if brake checking is proven, the lead driver may also be held liable.
Q: How can you prove a brake checking accident?
A: Evidence like dashcam footage, driver testimony, and witness statements can help prove a brake checking incident.
