What Is Brake Checking?
Brake checking is a precarious situation involving emergency brakes. The driver in front slams sharply on the brakes causing you to hit the emergency brakes or swerve out of the way to avoid ramming their backs. Someone may just overtake you and then brake sharply.
This unusual and dangerous behavior is motivated by a presumption that the insurance company will lay the blame on the victim for not leaving enough space for the vehicle behind. The offender will consequently be compensated for the damages.
Why Do People Brake Check?
Brake checking has disastrous outcomes. For example, it can result in bodily harm or death. Apart from footing the repairs, you may also have to forsake your no-claim bonus. Why do some people still brake check despite the hazard involved?
Here are three reasons.
You probably have driven through the morning rush hour when people are going to and from work. The tempers are very high, and everybody seems to await a signal before they erupt. Imagine tires screeching, horns hooting crazily, crazy speeds, and even verbal abuse if you haven’t. Be careful. Road rage can leave you looking for phoenix car accident attorneys.
The aggrieved parties will dangerously overtake their abusers and suddenly hit the emergency brakes before accelerating and speeding as a form of revenge. Some motorists also brake check after being tailgated.
Brake Checking for Cash
Some uncouth motorists may use the unfortunate situation as a cash cow. For example, someone may cause such a collision to claim compensation from the insurance company, get cash in hand from the victims, or both. Woe unto you if you were driving a lease. Lease rides have to be repaired before you return them.
Brake Checking Trucks
Truck brake checking is a more legitimate reason because it is done for safety reasons. Trucks are often heavy and are much slower and more challenging to maneuver than other small vehicles. The driver needs to know how to react fast in case of such incidences.
Trucks have been the center of insurance claims scams because of their slow and heavy nature. However, the truck drivers are installing dash cams on the cabins to get the actual footage to use as evidence in coats.
Penalties for Brake Checking (in Arizona)
Before we get to the penalties, let’s first see what the law says. According to Taylor & Gomez Law Firm experts, the Arizona highway code doesn’t recognize break checking literally. However, The Arizona Department of Public Safety recognizes road rage and aggressive driving.
Aggressive driving it’s a traffic offense. The aggressive driver has a false sense of control and power since he is anonymous behind the wheel. They fail to consider the human nature involved and consequently don’t consider the consequences of their deeds.
“Road rage it’s a criminal assault,” says an auto accident attorney in Phoenix. It is similar to someone assaulting you with a dangerous weapon. Road rage is also defined as a road attack arising from a previous roadway incident. Remember, road rage is intentionally and wantonly disregarding the safety of other road users.
Since now, you know where brake checking lies within the law, you’re curious to know the penalties.
According to an auto accident attorney in Arizona, aggressive driving in Arizona attracts a permanent criminal record coupled with discretional and mandated punishments. Additionally, you may have to pay $4500 in fines, serve half a year behind bars, and three years in probation. There is also a possibility of losing your driving license. Lawyers such as auto accident attorneys phoenix will represent you before the bench.
Road rage involves multiple offenses. The charges may fall within the aggressive driving range though it will depend on the actual sequence of events. You may have to foot the damage and even medical expenses. Killing someone is homicide and may attract a life or death penalty. In case of a road rage accident consult phoenix accident attorneys.
How a Lawyer Can Help if There’s an Accident
After a car accident, keep calm until your lawyer arrives. Phoenix car accident lawyers will assess the situation and inform you of your legal options. For more information, reach out to Taylor & Gomez Law Firm auto accident attorney in Arizona.
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