The Causes and Legality of Brake Checking in Louisiana

Brake checking is a dangerous driving habit whereby a driver purposefully slams on their brakes without a good reason. Usually meant to scare or provoke the driver behind, this action might cause major collisions and legal repercussions. 

Determining fault after a brake-checking collision can be difficult, especially without the help of a lawyer. Anyone engaged in or impacted by this risky behavior must first understand the causes and legality of brake checking in Louisiana. This article will discuss these causes and legality in detail. 

Causes of Brake Checking 

Usually, brake checking results from the following:

Tailgating

One of the most common causes of brake checking is tailgating. This is when a driver feels the car behind is following too closely. The driver in front may quickly apply their brakes to take revenge or scare the tailgater.

Road Rage

Emotional reactions like frustration or anger can cause careless driving actions, including brake checking. This is an impulse action often during hot arguments on the road.

Insurance Fraud

Sometimes drivers brake check to falsely claim insurance money by hoping to cause a collision. Along with endangering lives, this kind of fraud is responsible for increasing insurance rates.

Miscommunication or Misjudgment

Sometimes a driver may suddenly stop because of a misinterpretation of the upcoming circumstances. A driver might, for example, unexpectedly stop believing another car is too close or that a possible hazard is approaching.

Impatience with Slow Drivers

Frustrated with slower drivers ahead of them, some drivers may brake-check—especially if they believe the slower driver is not yielding or moving over to allow them to pass.

Distracted Driving

Some drivers can get distracted by their phones, passengers, or other activities inside the car. Such persons may either miss an approaching stop or turn or brake suddenly when they discover they are too near the vehicle in front. This isn’t deliberate brake-checking, but it can nonetheless have the same results.

Mechanical Problems

Brake checking rarely occurs due to mechanical problems with the car. Such malfunctioning brakes or a cruise control issue could cause unexpected deceleration.

Generally speaking, since drivers have to keep a safe following distance, the rear driver is usually blamed following a brake-checking collision. This assumption can be refuted, though, should it be proven that the leading driver purposefully brake-checked the car behind.

The Legality of Brake Checking in Louisiana

Brake checking is illegal and deemed a type of reckless driving in Louisiana. The state’s traffic laws are meant to encourage road safety. Thus, any behavior that compromises other drivers, passengers, or pedestrians could lead to legal action. The following informs the legality of this form of reckless driving in Louisiana.

• Reckless Driving Laws: Louisiana law defines reckless driving as operating a vehicle in a way that clearly shows a wanton disrespect for the safety of people or property. Brake checking belongs in this category since it increases an unneeded collision risk.
• Criminal Penalties: Depending on the degree of the incident, a driver found guilty of brake checking could be subject to fines and maybe jail. Should brake checking result in major injuries or deaths, the fines may be far more severe, and the driver could face felony charges. Should brake checking result in a death, the accountable driver may be charged with vehicular manslaughter, a crime with significant jail terms and a lifetime criminal record.
• Civil Liability: Outside of criminal charges, drivers who engage in brake checking could also be held civilly liable for any damage the collision causes. This includes victim pain and suffering, as well as property damage and medical bills. 

Proof and Evidence: Brake checking makes it difficult to prove a collision resulted from. Establishing responsibility in such circumstances can depend critically on evidence including dashcam footage, eyewitness testimony, and the driving record of the person involved.

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