Next Time You Think About ‘Brake Checking’ Someone, Know This
If you’ve spent enough time driving in Texas, you’ve probably witnessed a common scenario….one driver is closely following another, creating a situation known as tailgating, and then the driver in front suddenly slams on their brakes, a move referred to as a brake check. This often leads to a chain reaction where the cars behind the brake checker also hit their brakes, which can sometimes result in an accident. So, the question arises: is it legal for a driver to perform a brake check on a tailgater in Texas? What does the law actually state about this behavior?
What Texas Law Says
In Texas, brake-checking is typically considered reckless driving. When a driver intentionally slams on the brakes as a form of revenge, it shows a blatant disregard for the safety of others on the road. This action can lead to dangerous situations, especially if the driver behind them is too close and ends up colliding with their vehicle.
In Texas, the transportation code states that vehicles that are driving in a line must keep a safe distance from each other to avoid accidents. Additionally, it makes reckless driving illegal, which is described as showing a deliberate or careless attitude towards the safety of other people or their property.
Transportation Code 545.401
Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
TxDOT Vision Zero Plan
Vision Zero is a key initiative that backs the Texas Transportation Commission’s ambitious Road to Zero objective, which aims to eliminate all fatalities on Texas roads by the year 2050 and reduce the number of deaths by 50% by 2035. This campaign incorporates various strategies outlined in the Texas Highway Safety Plan. It’s worth noting that the last day without any road deaths in Texas was on November 7, 2000.
TxDOT gathers and examines a diverse range of traffic safety information, which includes yearly accident statistics found in the Texas Motor Vehicle Crash Statistics Annual Reports. This crash data plays a crucial role in enhancing traffic safety measures and educational programs, as well as supporting TxDOT’s initiative #EndTheStreakTX, aimed at eliminating daily fatalities on Texas roads.
IF YOU’VE BEEN INJURED DUE TO A RECKLESS DRIVER, CONTACT US TODAY.
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