I am sure most have experienced this so to my questions:

If someone decides to break check a person multiple times and the final result is an accident, if the person being brake checked has a dash camera of the incident, who is at fault and can the video be used in court?

Also any idea how insurance companies handle this situation?

Was the brake checkee speeding? How closed was he to the brake checker?

The ckeckee is at fault IMO. While it is a dick move, he shouldn't have been so close that he couldn't stop or otherwise avoid the checker.

In most states it is an absolute that the person following is at fault. Maybe if you have footage that shows them dive bombing you within feet and then checking you might overcome that, but simple following not a chance.

All drivers are required to be able to stop in a safe assured distance.
No matter how many times the front car hits his brakes the following car has the responsibility to stop safely.
Maybe repeated "brake checks", wrong as it is, might mean the second car was tailgating or some other reckless manner of driving.

quote:

break check a person multiple times

The person who runs into the back of the other car is at fault in my opinion, if they hit them the first time, I'd say my maybe the break checker.

There's a crazy strategy I've developed which I'm willing to share for free. If you get tangled up with someone in road rage, disengage. Whatever justification you have for continuing the back and forth, you're wrong. Slow down; pull off the road; take a unplanned turn/exit; do whatever is necessary to remove yourself from the situation as fast as possible.

The camera is going to show someone tailgating someone else multiple times and not taking defensive actions. Unless the camera shows the lead car starting this process by cutting off the other car or something, I think the driver doing the rear ending is screwed. I don’t think you can make the case you had no other choice but to ram the car in front of you in most cases.

Following too close is the infraction if you rear end someone to include not compensating for speed, traffic volume, road conditions, weather, position of the sun, etc.

Hitting your brakes or stopping for no valid reason is also an infraction (at least in California).

Proving someone hit their brakes or stopped for no reason is very hard to prove ("I thought I saw a kid's ball roll out into traffic" or, "an animal was there ... which the dash cam of the car behind me isn't showing, "I was having car issues, sounded like my accelerator was sticking" etc)"

In many states "brake checking" is considered reckless and endangering and that is a crime, while "following too closely" is an infraction, (administrative not criminal).

But, if someone "brake checks", best to back off and even exit after they pass the exit, grab a Snickers and a Coke, then get back on and drive easy.

If one is "braked checked numerous times" they are likely begging for trouble by continuing to be close enough to be "checked".

I'm old, my insurance is cheap, and my car is worth maybe $800...so brake check me or do whatever it is you gotta do, but know this, I'll kill us both.

Speed limit on the two lane highway was 55. I was driving 52-54 because I had a heavy loaded utility trailer (lights hooked up and working) I was pulling. Vehicle behind me was in a hurry and tried to pass two times but was unsuccessful so he decided to ride my tail (trailer’s tail) blowing his horn until he could finally pass me.

Right after passing me and cutting in front of me (I did not change my speed as he passed), he decides to brake check me, twice in a matter of 2-3 seconds. I slam on my brakes and he then does it a second time. I swerve right to the side of the road to keep from hitting him and he speeds off. I did not hit him but had I, would I have been at fault? I have a dash camera but it needs a new memory card so I unplugged it. Yes, I will be getting a new card tomorrow.

Well, he was the total asshole.

The only moment that matters in this is when he cuts in front of you and brakes. If you hit him them you have a case. After that its all on you in every state.

quote:

Originally posted by sigarmsp226:
Speed limit on the two lane highway was 55. I was driving 52-54 because I had a heavy loaded utility trailer (lights hooked up and working) I was pulling. ...

It's obvious who the asshole was.



It weren't you.

The totality of your situation shows, had a collision occurred, that the o5her driver intentionally caused it. I would hope a court would see it that way.

There have been cases where a motorcyclist goes down in such a situation, and the car driver is cited for it even when no contact between the vehicles occurred. Precisely because the car driver obviously intended harm.

I have a 2 camera system on my motorcycle that records on a loop. It hold either 2 or 4 hours on a card. When a card is full it starts overwriting the oldest data. Thus there is no worry of not recording due to a full card.

There was a scam going on that I heard about years ago.
2 cars set up the pigeon. Car 1 cuts off (shitbox) car 2 that is in front of the innocent pigeon.
Car 2 locks them up HARD getting rear ended - copious insurance claims to follow…and the innocent gets a ticket to boot.

If I'm hauling 80 to 100 thousand pounds and an asshole cuts ten feet in front of me and slams on his brakes, there would be no way I could avoid hitting him. I'm not going into a ditch to save him. If he has an 80 thousand pound death wish, that's on him. Watched lots of utube videos, when the trooper sees the dashcam, Brakechecker gets cited and responsible for damages. Never happened to me thankfully.

Brake Checking is a classic indicator of Road Rage and I expect that every single state in the US has some rather strict laws on the books concerning Road Rage. Show a Police Officer a video of someone Brake Checking a driver and the result will be a trip to Jail and a bunch of citations for the Brake Checker.

As for charges. First will be Aggressive Driving, something that really pisses off nearly all traffic enforcement officers. Second is Reckless Driving, another citation with some real teeth to it. Third is Careless Driving, not as serious as Reckless driving but still a pretty hefty penalty. Then there are the vehicle penalties, the Brake Checker better hope those broken tail lights still work or he'll get cited for that equipment failure. Finally the Brake Checker will be cited as At Fault for the accident. Basically the Police really don't like these behaviors and will "throw the book" at an aggressive driver who causes an accident.

quote:

Originally posted by sigarmsp226:

If someone decides to break check a person multiple times and the final result is an accident, if the person being brake checked has a dash camera of the incident, who is at fault

Multiple break [sic] checks? After the first one, a safe drive would stay far away from the brake checking vehicle, so there really shouldn't be multiple instances.

Dash cams-/or / rear window cams---- Just remember that it should record both sides of the incident. ........ drill sgt.