We’ve all experienced frustration while driving at some point. You might have even been tempted to slam on your brakes to get the tailgater behind you to back off. This practice, known as brake checking, is not only dangerous but is actually illegal in Mississippi.
What happens if brake checking is the cause of your car crash? Can you sue the other driver for this tactic? And what are the legal consequences? Let’s dive into the details.
What is Brake Checking?
Brake checking is considered a form of road rage, in which a driver intentionally and abruptly applies the brakes to provoke a reaction from the vehicle behind. Often used to intimidate or frighten the rear driver, this maneuver can increase your chance of getting into a rear end car accident with the other driver.
While no specific law in Mississippi addresses brake checking directly, the practice falls under the umbrella of reckless driving, which is unlawful in Mississippi. According to Mississippi Code § 63-3-1201, reckless driving is defined as operating a vehicle “in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property.” Brake checking fits this description.
Reckless driving is a misdemeanor in Mississippi. If convicted, you could face a fine of up to $100 for a first offense. If you are convicted of the offense a second or more times, you could be facing a fine of $500 and/or imprisonment of up to 10 days.
If you were involved in a car accident that was caused by a reckless driver, the Jackson car accident lawyers at Giddens Law Firm, P.A. are here to help. Contact us today to schedule a free consultation.
The Dangers of Brake Checking
Brake checking isn’t just annoying—it’s downright dangerous. It can result in:
- Rear-end collisions: As you can imagine, the most immediate danger is a rear-end collision. When you suddenly slam on the brakes, the driver behind you won’t have enough time to react, especially if they are tailgating you, leading to a car crash.
- Multi-vehicle accidents: Sometimes, the driver may try to swerve around you to avoid a collision. However, this opens up the possibility of causing a multi-crash. In other cases, if the driver rear-ends you, the driver following that car may cause a chain reaction accident.
- Severe injuries: All car accidents come with the possibility of resulting in various severe injuries, such as whiplash, brain injuries, spinal cord injuries, broken bones, and chest injuries.
- Road rage incidents: Brake checking is a type of aggressive driving. An accident caused by brake checking can lead to a road rage incident, escalating into a serious confrontation.
- Insurance issues: You may be found at fault for the car accident, which can cause the insurance company to increase your premiums or even cancel your policy.
Remember, while it might be tempting to “teach a lesson” to a tailgater, brake checking is never a safe or legal solution. It’s always better to maintain a steady speed, and if possible, safely change lanes to allow an aggressive driver to pass. If you get into a car accident caused by brake checking, our Mississippi car accident attorney can help.
Liability in Mississippi Brake Checking Car Accidents
Determining fault in a brake checking accident can be complex. While the rear driver is often presumed to be at fault in rear-end collisions, evidence of intentional brake checking can shift liability to the lead driver.
Mississippi follows a “pure comparative fault” rule, meaning that you can still recover damages even if you’re partially at fault for an accident. Even if you were 99% at fault of the car crash, you can still receive compensation. However, it’s important to note that your recovery will decrease depending on the percentage of fault.
For example, if you were brake-checking the rear driver and causing the accident, you may be found 50% at fault. So, instead of receiving $100,000 for your medical bills and property damage, you will only receive $50,000 because you were found partially at fault for the car crash.
This is when hiring a car accident lawyer can help your case. Our attorneys will gather evidence, speak with witnesses, and review traffic camera footage to see what happened to cause the accident. We will negotiate with the insurance company and ensure you receive the compensation you deserve. Contact us today to schedule your free consultation.
What to Do If You’re Involved in a Brake Checking Accident in Mississippi
It can be a scary experience being involved in a car accident with an aggressive driver. To make sure that you protect yourself, follow these tips:
- Stay calm and avoid confrontation with the other driver. It may be in your best interest to stay in the car until the driver calms down or emergency services arrive.
- Call 911 immediately to report the accident and any injuries.
- If you can, move your car out of the center of the road.
- If safe to do so, exchange information with the other driver and any witnesses.
- Document the scene with photos and videos if possible.
- Provide a brief description of what occurred to the police. Keep only to the facts of the accident — do not blame the other driver or yourself for the incident.
- Seek medical attention as soon as possible, even if you feel fine initially. It may take days for your injuries to appear.
- Contact an experienced Jackson car accident attorney right away before speaking with insurance companies.
Preventing Aggressive Driving Situations
Follow these tips to avoid becoming involved in brake checking incidents:
- Don’t block passing lanes; yield to faster traffic.
- Maintain a safe following distance.
- Use turn signals and avoid cutting off other drivers.
- Avoid making eye contact or obscene gestures if another driver is hostile.
- If you feel threatened, drive to a safe, public location and call for help.
- If you feel frustrated or angry, practice stress-reduction techniques like deep breathing or calming music.
Contact Giddens Law Firm Following an Aggressive Driver Car Accident
If you’ve been involved in a brake checking accident in Jackson, you must speak with an experienced Mississippi personal injury lawyer as soon as possible. They can help you navigate the complex legal landscape, gather evidence, and fight for the compensation you deserve.
Remember, brake checking is a dangerous and illegal practice. By staying calm, driving defensively, and knowing your rights, you can help keep Jackson’s roads safer for everyone. Contact Giddens Law Firm today to schedule a free consultation.