Is Brake Checking Illegal in Indiana?

May 13

Brake checking involves slamming brakes suddenly while driving in front of another vehicle. Most drivers brake check to make the unsuspecting driver apply their brakes or swerve out of the way to avoid accidents.

Brake checking is irresponsible and dangerous and often causes varying types of accidents. Rear-end accidents are the most common consequence after a brake-checking incident. If the other driver tries to avoid a collision, they may swerve off the road and hit an object.

Drivers who brake check others can be partially or fully at fault for the consequences of the irresponsible act. Although people who brake check might seem at fault for an accident, proving their liability may be challenging.

Consider working with a trusted South Bend, Indiana car accident attorney if involved in a brake-checking accident.

Is Brake Checking Illegal in Indiana?

Yes. Brake checking is illegal in Indiana. Besides Indiana, brake checking is unlawful in most jurisdictions in the U.S.

Indiana enacted aggressive driving laws that includes brake checking. Under § 9-21-8-55 of the Indiana legal code, it is illegal for a driver to commit an aggressive driving offense.

Examples of aggressive driving offenses include:

  • Following too closely
  • Slowing down or stopping dangerously
  • Operate a vehicle unsafely
  • Pass other cars on the right by driving off the road
  • Fail to yield for a right of way
  • Repeatedly flashing your headlights
  • Sound the horn unnecessarily

Although brake checking is not expressly mentioned in the law text, slowing down or stopping dangerously is a form of aggressive driving. When drivers commit brake checking combined with other aggressive driving, they may be liable for a traffic offense.

Common Injuries Suffered in Brake-Checking Accidents

When drivers and passengers are involved in brake-checking car accidents, they may sustain different injuries with varying severity levels.

Here is a list of common injuries in brake-checking accidents:

  • Concussion
  • Spinal cord injuries
  • Facial injuries
  • Chest and neck injuries
  • Broken bones
  • Dislocated joints
  • Organ damage
  • Whiplash

Why Do People Brake Check?Why Do People Brake Check?

Although brake checking is illegal and irresponsible, drivers do it anyway. In a high-traffic situation, “road rage” may cause some drivers to brake check in response to another tailgating vehicle.

What to Do If You Are Being Brake Checked?

It is best to stay calm and ignore the brake check. If the driver who brake-checked you is nearby, pull to the side of the road and get their license plate number. Take a picture of the driver and their vehicle to help the police identify and charge them.

Get in Touch With an Experienced Car Accident Attorney in Indiana

You may be entitled to compensation if you’ve sustained an injury in a brake-checking accident. Therefore, you deserve representation from an experienced car accident attorney who’ll aggressively fight for a fair settlement value for your losses.

Blackburn Romey is a trusted injury law firm with over 120 years of combined experience, which gives us the confidence to represent you. Contact us online or at (833) 264.0903 to request a free consultation.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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