Is Brake Checking Illegal in Arizona?

When a rear-end collision takes place in Arizona, the assumption is that the rear driver will be responsible or liable. However, some rear-end collisions are not wholly the fault of the rear driver. In some cases, the front driver could also be at fault for brake checking – a dangerous driving behavior that is against the law in Arizona.

What Is Brake Checking?

Brake checking refers to a driver suddenly and without due cause slamming on the brakes, typically to startle or aggravate the driver behind him or her. Brake checking may be done in response to another driver tailgating or following too closely. However, it is not an acceptable maneuver and can be extremely dangerous. Abruptly hitting the brakes – especially when another driver is following too closely – can cause a harmful rear-end collision.

Following too closely breaks Arizona’s traffic laws. Arizona Revised Statutes Section 28-730 states that the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent. A safe following distance depends on the speed of both vehicles, the traffic on the highway, and the condition of the road. Tailgating is when a driver intentionally follows too closely, often to express frustration or aggression toward another driver. Unfortunately, some drivers react to tailgating with brake checking – another dangerous behavior.

Brake Checking Is Against the Law in Arizona

Arizona does not have a law specifically against brake checking, but it does prohibit reckless and aggressive driving. ARS Section 28-693 defines the crime of reckless driving as operating a vehicle in reckless disregard for the safety of persons or property. This is a class 2 misdemeanor, punishable with a fine and up to 90 days of driver’s license suspension.

Brake checking could also meet Arizona’s definition of aggressive driving (ARS 28-695). This is a more serious crime than reckless driving; it is a class 1 misdemeanor. It refers to a combination of speeding and at least two other moving violations, such as following a vehicle too closely or making an unsafe lane change. Aggressive driving is punishable with fines, mandatory traffic school and driver’s license suspension for up to 30 days.

What Does a “Brake Check” Intend to Accomplish?

There are situations where we may encounter aggressive or reckless drivers, and it can be tempting to respond in kind. One dangerous behavior that some drivers engage in is known as a “brake check.” But what does a “brake check” actually accomplish and why is it a poor choice?

A brake check is not only risky but also illegal, as it can lead to serious accidents and injury. One faulty reason drivers give for brake checking is an attempt to assert dominance or “teach a lesson” to the driver behind them. This ego-driven thinking assumes that by causing a near-collision or accident, the driver will somehow prove their superiority or make the other driver change their behavior. However, this is a flawed and dangerous mindset that only perpetuates hostility and increases the risk of harm.

Another misconception drivers may have is the belief that a brake check can prevent tailgating or excessive speeding. Again, engaging in a brake check not only puts yourself at risk but also the innocent motorists around you who may become involved in a collision as a result.

In situations where your safety is at immediate risk or you have witnessed an aggressive driver causing harm to others, contact the authorities and report the incident. They will be able to take appropriate action and ensure the safety of everyone on the road. 

Remember, a brake check accomplishes nothing positive and only puts you and others in danger. It’s essential to prioritize safety and handle aggressive driving situations responsibly, with the help of law enforcement and legal professionals, when necessary. Stay vigilant, stay safe, and always make informed decisions on the road.

Did Brake Checking Cause a Car Accident?

If a car accident involves following too closely, intentional tailgating and/or brake checking, liability can be difficult to determine. The rear driver is almost always at fault for a rear-end collision, as it is this driver’s responsibility to pay attention to traffic and keep a safe following distance. However, if the leading driver abruptly hits the brakes – especially as a targeted and aggressive act of brake checking – he or she could be held responsible for a related vehicle collision.

In a rear-end collision where one driver is following too closely and the other driver is guilty of brake checking, both could be held accountable for the crash. Arizona uses a comparative negligence law in a case where an injured victim contributed to the car accident. In this scenario, the injured victim’s compensatory award will be reduced in proportion to his or her degree of fault, if any.

Real Life Brake Checking Horror Stories

Here are five harrowing car accidents caused by completely unnecessary and preventable brake checking:

• Location: Tucson, Arizona Details: Jennifer Thompson, driving her black sedan, was brake checked by a pickup truck driver on Speedway Boulevard. Thompson, caught off guard, rear-ended the truck, resulting in a collision that caused severe injuries to both drivers. Source: Tucson News Now
• Location: Phoenix, Arizona Details: James Collins, driving his SUV, became the victim of brake checking when a motorcyclist abruptly slowed down on Interstate 17. Collins, unable to react in time, crashed into the motorcycle resulting in a catastrophic accident that claimed the life of the motorcyclist. Source: ABC15 Arizona
• Location: Scottsdale, Arizona Details: Emily Rodriguez was brake checked by another driver while traveling on Shea Boulevard. In her attempt to avoid a collision, Rodriguez swerved into the adjacent lane, where she collided with an oncoming vehicle. The accident resulted in multiple injuries and significant damage to both vehicles. Source: Scottsdale Independent
• Location: Mesa, Arizona Details: Sarah Johnson was driving her minivan when a truck driver brake checked her near the intersection of Main Street and Sossaman Road. The sudden stop caused a chain reaction, involving several vehicles and resulting in a pile-up collision. Multiple individuals sustained injuries, and significant traffic congestion ensued. Source: AZFamily
• Location: Flagstaff, Arizona Details: Mark Thompson was brake checked by an aggressive driver while descending the curvy Oak Creek Canyon Road. Thompson, caught off guard, lost control of his vehicle, causing it to collide with the guardrail and roll down an embankment. Thompson suffered severe injuries and had to undergo extensive medical treatment. Source: AZCentral

These real-life brake checking horror stories illustrate the significant risks involved in engaging in such behavior on the road. From severe injuries to fatal accidents, the consequences are grave and can have a lasting impact on the lives of all those involved.

For example, a brake-checking driver may be 75 percent at fault for slamming on the brakes and making another driver crash into the back of his or her vehicle, but if the other driver was following too closely, 25 percent of fault may be allocated to the rear driver. This would reduce the victim’s financial settlement or judgment award by an equivalent 25 percent. In addition, both drivers could potentially face criminal penalties for reckless or aggressive driving behaviors that caused the car accident.

Can You Prove Brake Checking in a Court in Arizona?

Yes, proving brake checking in an Arizona court may be possible with sufficient evidence. Brake checking—when a driver intentionally brakes suddenly to provoke the following vehicle—is dangerous and potentially illegal. Key evidence includes dashcam footage, which can visually confirm the braking behavior, as well as witness statements, police reports, and vehicle data. Arizona law under ARS §28-952 requires that braking be “reasonable and necessary,” so if it’s shown the braking had no legitimate cause, it could be considered reckless.

What Is Comparative Negligence in Arizona Traffic Law?

Comparative negligence in Arizona divides the fault among drivers in an accident. Under Arizona’s “pure comparative negligence” rule, each party’s percentage of fault affects their compensation. For example, if a brake checker is found 70% at fault and the trailing driver 30%, the injured driver’s compensation would be reduced by 30%. This rule means drivers can still recover damages even if they share responsibility. 

Are There Any Defenses Against Accusations of Brake Checking?

Of course, drivers accused of brake checking might argue they had a legitimate reason to stop. Common defenses include:

• Avoiding obstacles: The driver may claim they braked to avoid road debris or animals.
• Mechanical issues: A malfunction could have caused an unintended stop.
• Self-defense: If the trailing driver was aggressive, the accused may argue they braked for safety, though this defense is more complicated to prove.

Supporting evidence, such as maintenance records or witness accounts, may be required to substantiate these defenses.

What Impact Does Brake Checking Have on Insurance Claims in Arizona?

This behavior can complicate insurance claims by raising questions about fault. Arizona is an at-fault state, so the responsible driver must cover damages. If brake checking is proven, the lead driver may be partially or fully liable, impacting their coverage and premiums. The National Traffic Safety Institute warns that brake checking is risky and can lead to severe accidents and liability disputes (NTSI). Key impacts include:

• Higher premiums: Insurers may increase rates for drivers found at fault for reckless behavior.
• Claim disputes: Proving brake checking can lead to lengthy liability disputes.
• Coverage denial: Some policies exclude intentional or reckless actions.

How Does Arizona Law Differentiate Between Brake Checking and Necessary Sudden Stopping?

Arizona law differentiates these actions based on context and intent. Brake checking is typically considered aggressive or provocative, intended to disrupt the following driver. Necessary sudden stopping, on the other hand, is warranted by legitimate road hazards or unexpected conditions. Under ARS §28-952, braking should be done only when necessary, which gives law enforcement grounds to interpret unnecessary braking as aggressive behavior. Factors such as traffic flow, weather, and the absence of any obstacles are often considered when determining whether the stop was justified.

What Are the Legal Consequences for Repeated Offenses of Brake Checking in Arizona?

Repeated brake-checking offenses may lead to escalating penalties. Initial crimes can be charged as a class 2 misdemeanor, with potential fines and points on the driver’s license. Nonetheless, repeat offenses could be upgraded to a class 1 misdemeanor, leading to:

• License suspension: Accumulated points may result in a suspended license.
• Higher insurance premiums: Multiple infractions can significantly increase rates.
• Mandatory driver education: Courts may require repeat offenders to attend traffic school or counseling.

How Can Witnesses Contribute to Proving a Brake-Checking Incident in Court?

Witnesses are valuable for proving brake-checking incidents by providing independent accounts. Statements from passengers, other drivers, or bystanders can support claims of unnecessary braking and establish aggressive driving behavior. Witnesses might confirm:

• Erratic driving patterns: Observations of reckless actions support claims of brake checking.
• Positioning: Testimonies on whether the following driver was tailgating can impact fault.
• Aggressive gestures: Witnesses may report hostile behavior from the brake-checking driver, which supports claims of intentional provocation.

What Preventive Measures Can Drivers Take to Avoid Becoming Victims of Brake Checking?

Drivers can prevent these incidents by maintaining a safe following distance and avoiding escalation. Here are some preventive tips:

• Keep a three-second following distance: Allowing a safe gap reduces the risk of rear-ending if the vehicle in front stops suddenly.
• Practice defensive driving: Avoid engaging with aggressive drivers to minimize road rage incidents.
• Change lanes if necessary: If you sense hostility from the vehicle in front, switching lanes safely can de-escalate the situation.

Using these techniques can help Arizona drivers stay safe and avoid potential conflicts.

How Do Law Enforcement Officers Detect and Prove a Brake-Checking Incident on the Road?

Arizona law enforcement officers may use dashcams, witness statements, and vehicle data to detect and prove brake checking. When officers respond to a brake-checking incident, they often look for specific indicators:

• Dashcam evidence: Many police vehicles are equipped with dashcams that can capture aggressive driving behaviors.
• Statements from other drivers or passengers: Officers collect accounts from those involved or nearby, which can highlight whether the stop was intentional or necessary.
• Traffic conditions and road obstacles: Police assess if there were any valid reasons for the stop, such as unexpected road hazards.

Collecting and analyzing this evidence helps officers determine whether a sudden stop qualifies as brake checking under Arizona law.

What To Do If You Are Being Tailgated

Did you know Arizona ranks first in the nation for road rage? According to the report, 31.5% of Arizona drivers say that another driver has gotten out of their vehicle to yell or fight. The Grand Canyon State also has the highest percentages of people being blocked from changing lanes, cut off, and threatened. In previous years, Arizona ranked below average for road rage.

Tailgating, a key player in road rage behavior, can be a stressful and dangerous situation on the road. Not only is tailgating frustrating, but it also increases the risk of rear-end collisions and can lead to serious injuries. If you find yourself being tailgated, here’s what you should do:

Stay calm and maintain your composure

The first and most crucial step is to stay calm and avoid responding aggressively. Getting angry or retaliating can further escalate the situation and put you and others at risk. Instead, focus on driving safely and effectively.

Maintain a safe following distance

One way to handle tailgaters is to maintain a safe following distance with the vehicle in front of you. This will give you enough time and space to react if the driver behind you fails to stop suddenly. It’s recommended to follow the three-second rule, which means keeping a distance of at least three seconds between your vehicle and the one ahead.

Avoid sudden braking

Tailgaters often hope to intimidate you by driving too closely and expecting you to react in a defensive manner, such as slamming on your brakes. However, engaging in brake checking can be dangerous and even lead to accidents. Instead, focus on maintaining a consistent speed and signal your intentions clearly to the drivers behind you.

Signal and change lanes safely

If you have the opportunity, safely change lanes to allow the tailgater to pass. Use your turn signal and check your mirrors carefully before making any lane changes. It’s important to only change lanes when it is safe to do so.

Report aggressive driving

 If the tailgating continues and you feel threatened, it’s essential to report the aggressive driver to the appropriate authorities. Take note of the vehicle’s license plate number, make, and model, as well as any other identifying details. Contact your local law enforcement agency and provide them with the necessary information. Reporting such incidents can help ensure the safety of other drivers on the road.

Remember, your safety should always be your top priority while driving.