Is brake checking illegal in Indiana? The straightforward answer is yes. Brake checking not only escalates the risk of accidents but also blurs the lines of legal responsibility on the road. In the state of Indiana, understanding the motivations behind brake checking and the laws addressing this behavior is crucial for knowing the steps to take if one becomes a victim of this reckless action. In this blog, let’s explore the root causes of brake checking, examine Indiana’s legal stance further on the matter, and discuss the steps you can take if you are involved.
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Why People Brake Check
Brake checking involves a driver slamming on their brakes with the intention of causing a driver behind them to take evasive action. The person brake checking may hope for the person behind them to slam their brakes, swerve, or maybe even rear-end them. This behavior often stems from a driver’s frustration or agitation towards the motorist behind them. Although it might be triggered by perceived tailgating or aggressive driving from the trailing vehicle, brake checking is not only hazardous but also an inappropriate response to road disputes.
Additionally, it can be a deliberate attempt at insurance fraud, aiming to manipulate the situation to receive unwarranted compensation. Regardless of the motive, brake checking reflects reckless behavior that endangers all road users.
Legal Stance on Brake Checking in Indiana
In Indiana, brake checking falls under the category of reckless driving behavior under Indiana Code 9-21-8-52. This code explicitly states that it is illegal to drive recklessly, endanger the safety or property of others, and cause damage to another person’s property.
There are a range of consequences for reckless driving. This range includes traffic infractions, misdemeanors, and the suspension of a license. Repercussions will be more severe if the brake checking leads to accidents with injuries or fatalities.
As mentioned earlier, if the person engaging in brake checking attempts to profit from an accident they caused, this might also be considered a form of insurance fraud, adding to the legal repercussions.
Fault Assignment in Accidents Involving Brake Checking
In general, the driver following another vehicle is often considered at least partially at fault in rear-end collisions. However, exceptions occur in the case of brake checking, where the leading driver intentionally creates a hazardous situation.
Steps to Take if You’ve Been Brake Checked
It can be challenging to prove you have been brake checked, as the lead driver may claim otherwise. How can you prove yourself?
- Report the incident to the police. Let the authorities know your side of the story as soon as possible.
- Gather evidence and seek witnesses. Were there any witnesses to the incident you could connect with? Do you have any evidence like a dashcam you could use? Organize these thoughts and documents.
- Consult with a legal expert. Talk to someone who knows the law and will help you through this process.
Check with Foley & Murphy
Brake checking is illegal under Indiana’s reckless driving laws, though it is not specifically mentioned in the law. Understanding the legal implications of road behaviors is imperative. If you believe you’ve been a victim of brake checking make sure you seek legal counsel, from attorneys like Foley & Murphy. We are experts on Indiana’s laws and can help prove your case. Contact us today for a consultation.
