Brake checking is a reckless driving behavior where a driver suddenly and deliberately hits the brakes, often in response to tailgating or frustration with another driver. This creates a serious risk of rear-end collisions, injuries, and costly property damage. In Arizona, brake checking can also be illegal under state traffic laws. Knowing how these incidents are handled under Arizona law can help you protect your rights if you’re involved in a crash.
What Is Brake Checking?
Brake checking, also known as brake testing, is a dangerous driving behavior where a driver deliberately and suddenly applies their brakes to force the vehicle following them to slow down or even come to a complete stop unexpectedly. This can create a hazardous situation on the road and often leads to rear-end collisions or near-miss accidents. Brake checking is generally considered aggressive and reckless driving and is illegal in most jurisdictions.
Common reasons drivers engage in brake checking include:
- Aggressive Behavior: Some drivers engage in brake checking as a form of retaliation or aggression in response to perceived offenses or annoyances from other drivers. This could be a reaction to tailgating, aggressive overtaking, or other instances of perceived discourtesy on the road.
- Frustration: Drivers may use brake checking as a way to vent their frustration or anger when they feel they are not driving at the desired speed or are impeded by traffic.
- Seeking Control: Some drivers engage in brake checking to assert control over the flow of traffic, attempting to enforce their preferred speed or driving conditions on others.
- Attempt to Teach a Lesson: In some cases, drivers may brake check to teach a lesson to another driver they believe is following too closely or not maintaining a safe distance.
- Defensive Maneuver: In rare instances, drivers may mistakenly perceive a threat or imminent danger from a vehicle behind them and brake check as a defensive measure.
Brake Checking vs. Tailgating
Brake checking and tailgating are two different but related aggressive driving behaviors that can create dangerous situations on the road. Here are the key differences between them:
Brake Checking
- Brake checking is the act of suddenly and deliberately applying your brakes in order to force the vehicle following you to slow down or stop unexpectedly.
- It’s typically initiated by the driver in front and is a response to perceived offenses or annoyances from the driver behind them.
- Brake checking is an aggressive action that can lead to rear-end collisions or near-miss accidents.
- It’s usually a retaliatory or aggressive response by the driver in front, aimed at teaching a lesson or venting frustration.
Tailgating
- Tailgating is the act of following the vehicle in front of you too closely, often with insufficient space to safely react to sudden stops or emergencies.
- It’s typically initiated by the driver behind and is a form of aggressive driving characterized by maintaining an unsafe following distance.
- Tailgating is a proactive behavior that involves driving too closely to the vehicle in front and pressuring the driver to move faster or get out of the way.
- It’s often driven by impatience, frustration, or a desire to assert control over other drivers.
Is Brake Checking Illegal in Arizona?
In Arizona, brake checking isn’t just dangerous, but might be potentially criminal. The behavior typically falls under reckless or aggressive driving laws, depending on the severity.
ARS 28-693: Reckless Driving
This statute defines reckless driving as “driving a vehicle in reckless disregard for the safety of persons or property.”
- Penalties (First Offense):
- Class 2 misdemeanor
- Up to 4 months in jail
- $750 fine (plus surcharges)
- 8 points on your driving record
- Possible license suspension
If the offense happens again within 24 months, the charge escalates to a Class 1 misdemeanor, with jail time up to 6 months.
ARS 28-695: Aggressive Driving
Brake checking can also fall under aggressive driving if it’s combined with speeding, unsafe lane changes, or following too closely.
- Penalties:
- Class 1 misdemeanor
- Up to 6 months in jail
- Fines up to $2,500
- Mandatory traffic school
- 30-day to 1-year license suspension
- 8 points on your record
Why Brake Checking Is Dangerous
Brake checking is considered aggressive and reckless driving because it involves deliberate, dangerous actions that can lead to hazardous situations on the road. Here’s how and why brake checking is illegal.
- Deliberate and Unsafe Actions: Brake checking involves a driver intentionally applying their brakes suddenly and unexpectedly, with the intention of forcing the vehicle behind them to slow down or even come to a stop. This abrupt action disrupts the flow of traffic and creates a dangerous situation.
- Endangering Others: By brake checking, a driver puts not only themselves at risk but also endangers the safety of others on the road. The driver behind is caught off guard, and their ability to react in a safe and controlled manner is compromised.
- Risk of Rear-End Collisions: One of the most common outcomes of brake checking is rear-end collisions. When the vehicle behind is unable to stop in time, it can lead to a collision, causing damage to both vehicles and potentially causing injuries to all occupants.
- Chain-Reaction Accidents: In busy traffic, one sudden stop can trigger a domino effect, causing multiple vehicles to collide in quick succession. These chain-reaction crashes are especially dangerous on highways or in poor weather conditions.
- Injuries and Property Damage: Both the driver who brake-checks and the driver behind them are at risk of harm. Injuries may range from minor whiplash to more severe trauma. Vehicle damage can be extensive, and emotional distress often follows the incident—especially when the crash is sudden and violent.
- Retaliatory Nature: Brake checking is often a retaliatory behavior, where one driver reacts aggressively to perceived offenses or annoyances from another driver. This can escalate tensions on the road and lead to further dangerous actions.
- Violating Traffic Laws: Brake checking violates traffic laws surrounding safe driving practices, maintaining following distances, and avoiding abrupt stops without reasonable cause. These violations are often classified as reckless or aggressive driving offenses.
Legal Consequences of Brake Checking in Arizona
In Arizona, brake checking can lead to serious legal trouble—especially if it results in a crash. Depending on the circumstances, a driver may face one or more of the following consequences:
- Criminal Charges: Brake checking often falls under Arizona’s reckless or aggressive driving laws. Both are misdemeanors, but carry different penalties depending on how severe the behavior was.
- Fines: A conviction can lead to fines ranging from a few hundred to several thousand dollars, depending on whether it’s a first offense or a repeat violation.
- Driver’s License Points and Suspension: Reckless and aggressive driving violations add 8 points to your license. Too many points in a short period can trigger a suspension under Arizona’s MVD rules.
- Higher Insurance Premiums: These types of convictions typically lead to a spike in insurance rates. Providers may view the driver as high-risk, even if no one was seriously injured.
- Possible Jail Time: In more serious cases—especially if someone is hurt or property is damaged—jail time is possible. A first offense could mean up to four months behind bars, and even more for repeat offenses.
Who’s Responsible for a Brake-Checking Accident?
Responsibility in a brake-checking accident isn’t always clear-cut. Depending on what happened, both the front and rear drivers may share blame.
The front driver can be held responsible if they deliberately and abruptly hit the brakes without a legitimate reason, such as reacting to a real traffic hazard. If their intentional braking leads to a rear-end crash, they may be held financially liable for any resulting injuries or property damage.
On the other hand, the rear driver may also bear responsibility, especially if their own reckless actions, such as aggressive tailgating, contributed to the incident. And in rare cases, if the rear driver was the one who engaged in brake checking, they too could be held accountable for the consequences.
Every case depends on the specific facts, which is why determining fault often requires a close review of evidence like dashcam footage, witness accounts, and police reports.
Civil Liability & Comparative Fault in Arizona
Even if you were the one who rear-ended the other vehicle, that doesn’t automatically mean you’re fully at fault, especially if the other driver brake-checked you.
Under Arizona’s comparative negligence law (ARS § 12-2505), more than one driver can be held partially responsible for a crash. That means if someone’s aggressive driving, like brake checking, contributed to the accident, they may still be held liable, even if you were following closely.
So let’s say you were tailgating, but the driver in front slammed on their brakes without warning. You might still be entitled to compensation, even if you’re found partly at fault. Your recovery would simply be reduced by your percentage of fault. For example, if you’re awarded $20,000 in damages but found 30% at fault, you could still receive $14,000.
These cases aren’t always black and white. That’s why it’s critical to have a legal team that knows how to build the right narrative, backed by strong evidence and expert support.
Insurance Consequences After Brake Checking Accidents
Brake checking doesn’t just create physical risk—it also complicates the insurance process.
If the other driver is found to have brake-checked you, their insurance company may push back or delay the claim. And if you’re the one being accused of brake checking, you might face even steeper challenges.
- Claim denials or reduced payouts if the insurance adjuster believes your actions were intentional
- Increased premiums, even if you’re only partially at fault
- Coverage exclusions in some policies if the incident is deemed an intentional act rather than an accident
Brake-checking claims often require more aggressive legal advocacy to prove what really happened, and to stop the insurance company from minimizing your injuries or pinning the blame unfairly.
What the Other Side Might Claim: Common Defenses You Should Expect
When someone’s being held liable for brake checking, their attorney or insurer may try to shift the blame. Here are some of the most common defenses we see, and why they don’t always hold up:
- “I braked because of a hazard.” They might claim there was a sudden obstacle, animal, or road debris, but if there’s no evidence of that, it’s just a story.
- “It was a mechanical failure.” This is often used to dodge responsibility, but brake failure or malfunction must be backed up by maintenance records or inspection reports.
- “I was afraid of being hit.” If they claim they feared the car behind them, they still have to prove that their reaction was reasonable, not retaliatory or exaggerated.
- “It was emergency braking.” Braking for emergencies is legal, but it has to be an actual emergency, not road rage or an attempt to teach someone a lesson.
The bottom line? The defense has to show their actions were justifiable. Without proof, those claims usually don’t hold up, and we’re ready to challenge every weak excuse in court.
How to Prove Brake Checking
Proving brake checking in an accident can be challenging for several reasons.
- Intent and Mental State: Establishing the intent of the front driver to deliberately cause a collision can be difficult, as it often requires evidence of their state of mind at the time of the incident.
- Subjective Nature: Brake checking can be subjective. What one driver sees as brake checking, another may view as a reasonable response to a traffic hazard.
- Lack of Witnesses: The absence of independent witnesses can make it challenging to determine who initiated the brake checking and the sequence of events.
- Reactive Behavior: Brake checking is sometimes a reaction to aggressive driving behaviors from the rear driver, making it difficult to establish fault.
- Inconsistent Evidence: Skid marks, vehicle damage, and other evidence may not definitively prove brake checking, and alternative explanations may arise.
- Differing Testimonies: Drivers involved may provide conflicting accounts, complicating their ability to establish a clear and accurate narrative.
Evidence Required for Proving Brake Checking
Proving brake checking in an accident often requires a combination of evidence to establish the sequence of events and the intent of the driver. Here are some key pieces of evidence that can help support a brake-checking claim.
- Dashcam Footage
Dashcam footage is a valuable piece of evidence. It provides a clear and objective sequence of the events prior to the accident. It can help establish whether the front driver abruptly and deliberately applied the brakes without a valid reason. - Witness Statements
Eyewitness accounts from individuals who saw the incident unfold can provide crucial testimony. Witnesses can describe how the driver acted, what they observed, and how they understood the situation. - Vehicle Damage and Skid Marks
Physical evidence, such as the extent and location of vehicle damage, can be analyzed to determine the dynamics of the collision. Skid marks on the road can help establish the timing and force of braking, which may indicate brake checking. - Traffic Camera Footage
Surveillance cameras at intersections or along roadways can capture the events leading up to an accident. This footage can corroborate witness statements and provide an additional perspective. - Previous Driver Behavior
The behavior of both the front and rear drivers before the collision can be relevant. For instance, if the front driver was previously observed driving aggressively or erratically, it may be a factor. - Consistency of Testimonies
The consistency of testimonies from the drivers involved and any witnesses can help establish a more reliable account of the events. - Expert Analysis
In complex cases, expert analysis from accident reconstruction specialists may be necessary to interpret the evidence and determine the cause of the accident. - Police Reports
Police reports filed at the scene of the accident can provide information on the officers’ observations, statements from the involved parties, and preliminary assessments of fault. These professionals analyze skid marks, vehicle damage, and dashcam footage to determine speed and braking force, time and distance before impact, and whether a driver’s action was abrupt or intentional.
Advice for Victims
If you find yourself in a situation where another driver is brake-checking you, follow these tips to keep yourself and other drivers safe.
- Stay calm and don’t engage with the other driver.
- Call 911, especially if there’s injury or damage.
- Photograph the scene: Skid marks, vehicle position, traffic signals, and damage.
- Get witness info: Names and contact info of anyone who saw it happen.
- Record your memory: Use your phone to narrate what just happened while it’s fresh.
- Request the police report when it’s available.
- Don’t admit fault, even if you feel pressured.
- Call a personal injury attorney before speaking with insurance adjusters.
How to Avoid Brake Checking and Tailgating
The best way to protect yourself on the road is by avoiding aggressive driving behaviors, both yours and others’. Here’s how:
Always maintain a safe following distance so you have enough time to react to sudden stops. Avoid making abrupt lane changes, and use your signals every time you turn or switch lanes. Don’t let frustration get the best of you—resist the urge to engage or retaliate, even if another driver is acting aggressively.
Stay calm, patient, and focused behind the wheel. Stick to the speed limit, and stay aware of your surroundings, especially in heavy traffic. Pay close attention to weather conditions, which can reduce visibility and increase stopping distances. Yield the right of way when appropriate, and eliminate distractions like texting or adjusting your GPS while driving.
By following these tips, you reduce your chances of getting into a brake-checking situation—or becoming the one who triggers one.
How Our Lawyers Can Help Prove Your Case
Are you dealing with the aftermath of a brake-checking accident? You don’t have to do it alone.
At our firm, we don’t accept that assumption without a fight. Our attorneys dig deep into the evidence, line up experts, and build a solid case from the ground up because we know how unfairly these cases can be treated without the right strategy.
Our car accident lawyers will help you navigate the legal process so you can secure the compensation you deserve. We’ll start by scheduling a free case evaluation to discuss the details of your case, explain your rights and legal options, and determine what steps to take next. Contact us today to get started.