Is Brake Checking Legal in Arizona?

Brake checking involves suddenly slamming on a vehicle’s brakes for no reason other than to aggravate or scare the driver immediately following behind. While Arizona’s statutes do not explicitly forbid it, drivers who brake check can be prosecuted under other state laws. 

A motorist who causes a rear-end collision while brake checking can also be held liable for resulting injuries and other accident-related losses. While proving that a crash resulted from brake checking can be difficult, working with an experienced car accident lawyer can help an injured motorist build a solid case for compensation.

Why Is Brake Checking Illegal?

Arizona traffic laws prohibit tailgating, or following another vehicle more closely than is reasonable under the circumstances. Some drivers might choose to brake check a driver behind them who they think is tailgating. While tailgating is illegal, Arizona law does not consider brake checking an appropriate response. Drivers who brake check can cause rear-end car accidents, putting the safety of other road users at risk.

Brake-checking drivers may face prosecution under Arizona’s reckless driving laws. State law prohibits the operation of a vehicle in reckless disregard of the safety of other people or property. Violators can be charged with a Class 2 misdemeanor, which can result in a fine and a 90-day driver’s license suspension.

Drivers who perform brake checks may also meet the definition of aggressive driving. As a class 1 misdemeanor, it is a more severe charge than reckless driving. This crime refers to a combination of speeding and any two other moving violations. Penalties include mandatory traffic school, fines, and a license suspension of 30 days.

How Do You Prove Who Is At Fault in an Arizona Brake-Checking Accident?

Proving fault in a brake-checking accident can be challenging, as it often comes down to one driver’s word against the other’s. However, several types of evidence can help establish liability, such as the following:

• Eyewitness testimony – If there were any witnesses to the accident, they may be able to corroborate that the lead driver braked suddenly for no apparent reason.
• Dashcam footage – If either vehicle involved in the accident had a dashcam, the footage could clearly show the events leading up to the collision, including any brake-checking behavior.
• Skid marks – The presence and length of skid marks on the road can indicate whether the lead driver braked suddenly and forcefully, which may suggest brake checking.
• Vehicle damage – The location and severity of damage to the vehicles can provide clues about how the accident occurred. If the rear driver’s vehicle has severe front-end damage, it may indicate they had little time to react to the lead driver’s sudden braking.
• Police reports – If someone called law enforcement to the scene, their accident report may include their assessment of fault based on the evidence and statements collected.

Working with an experienced car accident attorney can help you gather and present the necessary evidence to prove that the lead driver’s brake checking caused the collision.

Could Both Drivers Be Held Liable for the Crash?

In some cases, both drivers involved in a brake-checking accident may share fault. Arizona follows a comparative negligence rule, which means that each party’s degree of fault is considered when determining liability and awarding damages.

For example, consider a scenario where the lead driver brake checked a rear driver who was tailgating them, making both drivers partially at fault. If the rear driver is found to be 30 percent at fault and the lead driver 70 percent at fault, the rear driver’s compensation would be reduced by 30 percent.

The comparative negligence rule means that every percentage point of fault matters. An experienced lawyer knows how to build a case that puts as much blame on the other driver – and as much money back in your pocket – as possible.

What Should I Do If Another Driver Is Tailgating Me?

Being the target of a tailgating driver can be frustrating. However, performing a brake check is not the best way to respond. Instead, you should do the following:

• Stay calm – Letting your emotions get the best of you can increase the likelihood of causing car accidents and severe injuries.
• Keep a safe following distance – Stay three seconds behind the vehicle in front of you. This will give you enough time and space to react if they suddenly slam on the brakes.
• Do not brake suddenly – Focus on keeping your speed consistent and safe, and signal your intentions before maneuvering.
• Report aggressive driving – If another motorist’s tailgating becomes threatening, you should report them to the appropriate authorities. Be ready to provide the vehicle’s license plate information, make, and model.

How Long Do I Have to File a Lawsuit Against the Other Driver in Arizona?

Arizona law gives injured people two years from the date of a crash to file a lawsuit against any responsible parties. If you miss this statutory deadline, the court may bar you from seeking the compensation you deserve. You can avoid this risk by consulting with a knowledgeable Arizona car accident attorney as soon as possible after the collision occurs.

Contact an Arizona Car Accident Lawyer

Were you hurt in a car crash caused by another driver making the unsafe decision to brake check you? If so, you may be dealing with excruciating pain, overwhelming medical bills, missed time at work, and debilitating emotional trauma. The experienced attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. understand how challenging life after a rear-end collision can be. We are ready to use our legal knowledge and skills to stand up for your rights.

Our attorneys have over 50 years of combined legal experience fighting for injured clients. Let us give you the support and advocacy you need at this challenging time. Call us today or contact us online for a confidential consultation with a car accident injury attorney in Sun City.

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