Is Brake Checking Legal in Arizona?

Brake checking is a dangerous and reckless driving behavior, but there is no specific law against it. However, reckless driving laws in Arizona insinuate that brake checking is not legal.

Our Phoenix reckless driving lawyer at Zanes Law explains why brake checking is not legal in Arizona. Read on to learn more about brake checking and its legality in Arizona.

What Is Brake Checking?

Brake checking is a dangerous driving maneuver where the driver in front suddenly applies their brakes for no discernible reason, forcing the vehicle behind them to brake hard to avoid a collision. It is also sometimes referred to as “brake testing” another vehicle.

Some key aspects of brake checking include:

• The act of braking is deliberately random and unexpected by the following driver.
• It usually occurs on highways or other roads with higher speed limits where trailing at a close distance is more risky.
• The brake checker intends to instigate a reaction or startle the tailing vehicle, not because braking is genuinely needed.
• It creates unsafe road conditions by increasing the likelihood of a rear-end accident from abrupt braking without cause. Our Phoenix rear-end collision lawyers can help if you’ve been injured due to a rear-end accident.
• Road rage or escalating conflicts between motorists is a common motivation behind these intentional brake-slamming incidents.

What Are the Risks of Brake Checking?

Car accident lawyers in Phoenix know that brake checking is an extremely illegal and dangerous action that can have serious legal and safety consequences. Some of the key risks include:

• Causing an accident: The abrupt braking creates a situation where the following car may not be able to stop in time, resulting in a rear-end collision. This puts all drivers at risk of injury.
• Legal liability: If an accident occurs, the brake checker will likely be found legally at fault since their actions intentionally created the hazard. This can mean financial responsibility for damages and injuries.
• Traffic ticket or criminal charges: Brake checking could meet the legal definition of reckless driving, which carries fines and points on the driver’s license.
• Escalating road rage: Brake checking often stems from or adds fuel to raging conflicts between motorists. This puts all parties in danger of confrontations or additional traffic offenses as tensions rise.
• Loss of control: The sudden braking can cause a loss of vehicle control for the tailing car, putting it at risk of spinning out or veering into another lane or object like a barrier.

Speak with a Phoenix personal injury lawyer today if you were injured after a brake checking incident.

For a free legal consultation, call 866-499-8989

The Laws Around Reckless Driving in AZ

While there isn’t a distinct law against brake checking, reckless driving is against the law. According to ARS § 28-693, a driver is reckless if they drive in a reckless manner that endangers other drivers on the road. Brake checking intentionally creates unsafe road conditions by forcing other vehicles to brake hard to avoid a sudden collision.

Drivers engaged in brake checking are operating their vehicles with a clear “reckless disregard for the safety of persons or property.” Their conduct readily meets the statute’s definition of “engaging in unnecessary or unauthorized vehicular contact” that puts others at severe risk of an accident.

Therefore, prosecutors could pursue reckless driving criminal charges against a driver who causes a wreck by brake-checking another motorist in Arizona. The penalties then apply as a means to punish this needlessly threatening behavior and deter others from copying such reckless conduct on public roads.

How a Car Accident Lawyer Can Help if You’ve Been Injured in a Brake Check Accident

Brake checking is a dangerous action and can cause severe injuries if things get out of hand. Our team of Phoenix reckless driving attorneys at Zanes Law can help if you’ve been injured due to a negligent driver’s brake checking. Here’s how we can help:

Establishing Liability

Proving who was at fault is crucial to your physical and financial recovery. We will obtain documents like police reports, use witness testimony, and examine evidence like dashcam footage to show the other driver acted recklessly through brake checking. Their actions will be deemed the sole cause of the accident.

If liability is disputed, we are prepared to hire experts like accident reconstructionists whose analysis will further demonstrate your injuries resulting from the other party’s negligence. 

Negotiating Insurance Claims

We will be your advocates in all discussions with opposing insurance adjusters. Insurance adjusters may attempt to minimize your damages, but we will strongly rebut with evidence of the harm you suffered. We can help you prepare for the questions asked by the insurance adjuster after the accident.

If they refuse reasonable offers, we have litigation experience that conveys we will not hesitate to take legal action if fair compensation is denied. Leveraging our experience with insurance negotiations obtain the best possible settlements or policy payouts.

Protecting Your Legal Rights

Some people make improper concessions without counsel, like statements admitting fault. We will ensure you avoid mistakes that undermine your ability to recover the compensation you need.

We also review all forms and correspondence for accuracy and advise if anything suspicious could waive rights or cap damages. 

Pursuing Further Damages

In severe cases, the at-fault policy may not sufficiently recompense long-term medical costs, lost wages, or pain and suffering. Our lawsuit filings pressure the insurance adjuster or the liable party to give you the compensation you qualify for.

Taking the case to verdict allows presenting a full damages overview to a judge or jury if negotiations are not successful. 

Providing Experienced Counsel

Our reckless driving accident attorneys have litigated countless similar car accidents. Our 20 years in business spotting nuanced issues, strategies, and case values leads to stronger outcomes compared to other Phoenix personal injury law firms. 

Click to contact our personal injury lawyers today

Learn More About if Brake Checking Is Legal in Arizona

At Zanes Law, we can help you after you’ve been in a car accident due to another negligent driver’s brake checking in Arizona. Our legal team can help you hold the liable party responsible for their actions. 

Contact us to learn more about brake checking and why it isn’t legal in Arizona.

Call or text 866-499-8989 or complete a
Free Case Evaluation form

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