In most Arizona rear-end accidents, the driver in the car that hits another is at fault. However, the driver in the hit car can be at fault if they contribute to the accident by engaging in what is commonly referred to as “brake checking” or “brake testing.”
If you have been in a brake checking incident and have suffered personal injury or property damage, you may have a legal cause of action against the other driver to recover money damages in a civil lawsuit.
Drivers break check for three reasons:
Brake checking often results in rear-end accidents that can cause whiplash, back injuries, broken bones, spinal cord injuries, concussions, and more. A multi-vehicle accident involving a chain reaction of rear-end collisions is also possible.
Brake checking could cause an accident if the driver in the following vehicle tries to avoid a collision by swerving into other lanes.
In Arizona, the person or party responsible for the car accident must pay for the damages resulting from the accident. If you get into a car accident because the driver in front of you brake-checked you or slammed on the brakes, the other driver may be held responsible for damages to property, personal injury, and medical bills.
There are two ways that brake checking can be punishable under Arizona law.
Brake Checking as Reckless Driving
The Arizona statute that makes it illegal to engage in brake checking is ARS 28-693. This law, Reckless Driving, prohibits driving behaviors that are in reckless disregard for the safety of persons and property.
A conviction for reckless driving is a Class 2 misdemeanor. The legal sanctions for this level of offense include:
The Arizona aggressive driving statute is ARS 28-695. To be found guilty of aggressive driving, a driver must be speeding while engaging in any two of the following dangerous driving behaviors:
A conviction for aggressive driving is a Class 1 misdemeanor in Arizona. The applicable penalties include:
How to Prove Brake Checking Contributed to an Accident
A car accident’s burden of proof rests with the person looking to make a claim. Your personal injury attorney in Scottsdale must demonstrate that the other driver intentionally engaged in brake checking as reckless or aggressive driving and that this behavior directly caused your accident.
Proving brake checking typically requires physical evidence like video footage of the crash, statements from eyewitnesses and vehicle passengers, and a copy of the police accident report. Accident reconstruction and testimony from crash experts may also be necessary to prove that the front driver slammed on the brakes intentionally, either as an act of aggressive driving or to cause an accident for insurance fraud.
If you prove that the other driver caused the accident by sudden braking, the at-fault driver may face a traffic ticket or even criminal charges for causing a crash. The at-fault driver’s car insurance company will also be responsible for paying for the accident.
If you need advice or legal representation after getting into a car accident involving brake checking in Arizona, contact a car accident lawyer at Stone Rose Law for a free case consultation.
In Arizona, the at-fault party is typically responsible for an accident. However, even if you win a personal injury lawsuit, your compensation may be reduced if the court determines that you were partially at fault. This is called comparative negligence.
Every driver in Arizona owes other drivers, passengers, bicyclists, and pedestrians a duty of reasonable care. This means obeying traffic laws and driving at a reasonable speed based on the existing road, weather, and lighting conditions.
Examples of driving behaviors that a court can interpret as being contributory negligence in a brake-checking accident include:
Arizona’s comparative negligence law assigns fault by percentage. The court determines each driver’s share of blame for the accident, and your recovery is reduced by the percentage of fault assigned to you.
For example, if you are found to have been 30% at fault in a brake checking accident and the brake checker was 70% at fault, then your money damages in a personal injury judgment award will be reduced by 30%.
Comparative fault applies up to 99%. This means you can sue another driver for a brake-checking collision, even if you’re 99% at fault, and still collect 1% of the judgment amount.
What happens if another driver is following too closely? Here is how you can avoid contributing to a brake-checking accident.
You may not know the motivations of the driver behind you. That person might not be paying attention, might be driving under the influence, or may just be a bad driver.
Remember, you are in control of your driving behavior, and you will be held accountable for your actions behind the wheel. Do not become agitated; try to keep your composure.
You are not obligated to speed up if another driver is tailgating you. If you are driving the speed limit, maintain a consistent speed. If you are driving below the speed limit and do not feel safe driving at the posted limit because of road, weather, or lighting conditions, consider whether you can find a safe place to get out of the tailgating driver’s way without putting yourself at risk of a possible road rage confrontation.
In any event, resist the temptation to get the other driver to “back off” by brake checking. Brake checking is illegal and an extremely dangerous driving maneuver that is never justifiable under Arizona law.
If you switch lanes or get off the road to avoid a tailgater, do so as safely as possible. Be sure to use your turn signal well in advance to inform the other driver of your intentions.
If you believe that the tailgating driver is behaving in an unsafe or dangerous manner, you should report that driver to the police as a public service to other drivers.
Do not violate Arizona’s texting-while-driving law by using your phone while driving. Safely stop your vehicle, contact law enforcement and report as many details as possible.
No matter how careful you are behind the wheel, you can still be involved in a brake-checking collision with another driver. Knowing your legal rights in a car accident case and whether you are entitled to compensation for any damages is essential.
Discuss your potential brake-checking auto accident claim with a dedicated Phoenix car accident lawyer today. Call the personal injury lawyers at Stone Rose Law at (480) 498-8998 or contact us online to schedule a free consultation.
