Why Brake Checking Is Illegal in Virginia: Legal Risks Explained
Brake checking is an issue that many Virginia motorists encounter at some point and can cause serious car accidents. Since they may see it from time to time, many believe that brake checking is something they can do. They don’t understand that brake checking is illegal in Virginia.
So, why is this the case? The answer boils down to the dangers and legal risks brake checking poses.
What Is Brake Checking?
Brake checking involves quickly tapping the brakes. Doing so slows the car down for a moment and flashes the brake lights to a following car.
In many cases, the intent is to indicate that the car directly behind the person is following too closely. It is a way to alert them to this fact and signal that they should keep their distance. In this way, brake checking is a method of driver-to-driver communication rather than something that actually enhances driving.
Why Is Brake Checking Illegal?
While brake checking may come with good intentions, it carries a number of dangers with it. It is these dangers that make brake checking illegal.
Dangers
Brake checking presents two main dangers: causing a potential crash and inciting road rage.
Quickly applying the brakes increases the risk of an accident. If the following car is too close and doesn’t stop, they will rear-end the car due to the brake check.
In addition, many find brake checking annoying. If someone brake checks in front of them, they may be more likely to continue following closely to annoy the person or may antagonize them in some other way.
Possible Insurance Fraud
Another reason there is a brake check law in Virginia is because of the potential for insurance fraud.
If the person who brake checks causes an accident, they may claim an injury and file a claim. In some cases, the drivers of both cars are working together on this claim and make out from the deal. Doing so is insurance fraud.
Is Brake Checking Ever Okay?
Brake checking is illegal in Virginia in all cases. There are no situations where it suddenly becomes legal or any exceptions to this law.
Some believe that brake checking is permissible when the person behind them is tailgating. After all, tailgating is also illegal in Virginia.
However, this is not the case. You can’t brake check in Virginia, even if the person behind you is tailgating you. If you do so, you can potentially face brake-checking penalties.
Brake Checking Consequences
Brake-checking regulations fall under the category of reckless driving. Because of this, a brake check traffic violation is similar to other traffic violations in this category.
Brake checking is a Class 1 misdemeanor. As such, illegal brake checking fines may go up to $2,500 and could lead to up to 12 months in jail. These are incredibly serious consequences that no one wants to face.
However, there are other legal consequences as well. If you brake check someone and it leads to an accident, you may be liable for the accident. While many rear-ending accidents put the fault on the following driver, the reverse could be true if they can prove you brake-checked them.
Work With a Virginia Attorney on Your Case
Brake checking is illegal in Virginia. If you were in a car accident that occurred because of brake checking, you may want a lawyer to represent you. Someone with knowledge of this law can help you navigate the legal complexities and figure out how you should respond to the accident.
Want assistance navigating the aftermath of your Virginia brake-checking accident? Call the team at Geoff McDonald & Associates, P.C. at 804-888-8888 or contact us online to schedule your free consultation.