Is Brake Checking Legal in PA?
If you’ve ever experienced someone slamming on their brakes unexpectedly while driving, you may have been the victim of brake checking. This dangerous maneuver can also lead to severe accidents. After being involved in a crash due to brake checking, contact a Bucks County personal injury attorney to discuss your options and secure the compensation you deserve.
Brake Checking as a Form of Aggressive Driving
When a driver intentionally hits their brakes to force the vehicle behind them to react, it is sometimes referred to as brake checking. This is often done in frustration or as an act of road rage, such as when a driver feels another car is following too closely. It is extremely hazardous, leading to rear-end collisions and even multi-vehicle accidents.
In Pennsylvania, brake checking is considered a form of aggressive driving. The Pennsylvania Department of Transportation defines aggressive driving as any deliberate action that endangers others on the road. Brake checking falls into this category because it is an intentional act that increases the risk of a crash.
Aggressive driving can lead to serious legal consequences, including criminal charges in severe cases. Depending on the circumstances, a brake-checking driver may face:
- Traffic citations for reckless or aggressive driving.
- Lawsuits from injured parties seeking compensation for damages.
- Criminal charges if the act results in serious harm.
Law enforcement may use dashcam footage, eyewitness statements, and other evidence to determine if brake checking was a factor in the crash.
Being hurt in an accident caused by a brake-checking driver means financial recovery for damages is key. To build a strong case, an attorney will gather and analyze evidence, such as traffic camera footage and witness reports. They may also work with accident reconstruction experts to prove the other driver’s aggressive behavior, should it be needed to establish fault.
Rear-End Collisions and Responsibilities
Pennsylvania follows a comparative negligence system, meaning that fault is assigned based on each driver’s contribution to the accident. While rear-end collisions are typically assumed to be the fault of the rear driver, this assumption changes when brake checking is involved.
If there is evidence that the driver in front engaged in brake checking, they can be held responsible for the accident. This means they could be held accountable for medical expenses caused by the collision as well as vehicle repair or replacement costs. There are also situations where recovery is possible for an injured party’s lost wages, should they need to take time off work to physically heal, and emotional distress.
Brake checking is not only dangerous but it is illegal in many situations. Should you or a loved one be injured due to a brake-checking driver, talk to a Bucks County personal injury attorney to access legal guidance.
Where did your rear-end accident take place? Whether a brake-checking driver in Pennsylvania or New Jersey is responsible for your injuries, reach out for legal support. The legal team at Kevin L. Hand, P.C. is available to fight for the compensation you deserve. Call 215-515-2604 for a confidential consultation.
