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Is Brake Checking Illegal in Texas?

Is Brake Checking Illegal in Texas?

brake checking in houston texas

Brake checking occurs when one driver is following too closely behind the other, and the driver in front abruptly hits their brakes. This type of behavior commonly leads to rear-end collision. Often times, brake-checking is associated with aggressive driving or road rage driving. When a driver has been brake checked they become angry, if the brake checking leads to a collision, on top of the car accident it could lead to assaults or acts of violence.

 

Most drivers brake check to communicate to the driver behind them that they are following too closely. The goal is usually to force the other driver to slow down to allow for a greater distance between the two cars. If you find yourself in a situation where a driver is driving too closely (also known as tailgating), instead of brake checking, calmly turn on your blinker and switch lanes when safe. Try to ignore the other driver, and if you still feel unsafe pull over and allow the other driver to get some distance away from you.

 

Texas Brake Checking Law

Although Texas does not have a distinct law making brake checking illegal, it does have laws requiring drivers to maintain a safe distance when following. Texas Transportation Code 545.062 states that while following another vehicle, drivers must leave enough room between vehicles to ensure the vehicle can stop without colliding with the vehicle in front of them. Furthermore, Texas Transportation Code 545.401 makes it an offense to willfully or wantonly operate a vehicle with a disregard for the safety of others. This means that if you brake check someone and cause an accident, you may be cited for reckless driving.

 

Contact an Experienced Attorney

If you have been injured or have damages due to brake-checking that led to a rear-end car accident, you should find a car accident attorney in Houston that can help you determine who is at fault. Call to speak with an experienced Houston car accident lawyer at Pusch & Nguyen Law Firm. Receive a free consultation to see what your case my possibly be worth. You don’t have to face your car accident alone.

By |2020-07-15T01:23:39+00:00July 15th, 2020|Blog|
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