Nope, not brake-checking in the sense of checking your own brakes after you've driven through a deep puddle in the road.
We mean the more sinister kind.
Sad fact is: there's a lot of drivers out there, and not all of them play by the rules.
Brake-checking is when a driver in front of you hits sharply on their breaks with the intention of making you either (a) slam on the breaks and/or swerve out of the way, or (b) crash into them.
In the event of (a), the offending driver is never going to come to a complete stop. The aim is just to brake abruptly for the desired effect of annoying you, before continuing on their way.
We hardly need to tell you that it's an extremely dangerous form of reckless driving which can result in serious injury or worse . . .Not only that, but you've now got a damaged vehicle to deal with and will have to make an insurance claim, meaning your premiums may go up. Read our guide about having an accident in a lease car. if this ever happens to you.
Bottom line is: whatever the consequences, being brake-checked is never a pleasant experience for anyone. But as luck would have it, your friendly neighbourhood car leasing experts here at LeaseLoco are here to offer some tips!
We'll
- tell you more about it
- tell you what to do if it DOES happen to you
- tell you how to avoid it in future
So buckle your seatbelts, relax, and let's get driving
Why Do Drivers Brake Check?
Two reasons.
Either someone's got a really bad case of road rage and is annoyed at something you did or are perceived to have done on the road, OR they're simply trying to claim the insurance money from a crash (so nothing personal!).
Road Rage: The offending driver may feel that you are tailgating them, or that you cut them off or behaved aggressively in some other way, and they'll then move in front of you to perform the brake-check before speeding off again. These ones don't actively seek a crash.
'Crash For Cash': These are the ones you've really got to look out for. They'll go out onto the roads with the express intention of having a collision in order to bag themselves a well-earned insurance payout. This is because they know that the insurance companies will tend to favour the driver in front and find the driver behind at fault for failing to break or not leaving enough space. There's never a nice way to commit insurance fraud, and we're sure you'll agree with us in saying that this makes these people the rats of the motoring world!
We'll let you make up your own mind about whether it's worse than road rage. But whatever the motive, there's no denying that brake-checking is one of the main causes of nasty rear-end collisions every year.
The consequences can be even more severe if the brake-checking manoeuvre is attempted on a truck. That's because truck drivers are forced to react much faster and harder, making them an easier target for insurance scams.
What To Do If You are Being Brake-Checked
Stick up your fingers, shout absurdities and hope that the problem goes away.
Just joking . . .
As tempting as it can be, don't risk turning a bad situation into a potentially deadly one. The person who's brake-checking you may already be angry, so don't make them angrier.
Instead, we'd recommend that you simply slow down and leave as much of a gap between you and the offending vehicle as possible. Take a deep breath and count to ten if you have to.
We admit that slowing down could in turn cause some anxiety to the driver or drivers behind you, but that's still better than risking a collision with the person in front.
If that doesn't work, pull into a well-lit and populated area. There's a chance that the driver who's brake-checking you might follow you there, but at least you'll have potential witnesses if they try anything stupid.
In the event that there's no urban areas nearby, pull into a lay-by or passing place if you have to.
What to Do in the Event of a Wreck
OK, so assuming the worst has happened. You've smashed into the rear of the car in front, the other driver is out and screaming obscenities (or pretending to, if they're pulling an insurance scam), and the situation has every chance of spiralling further out of control.
Here's what to do:
- (Remain calm): Again, probably easier said than done, but vitally important to stop the incident escalating further
- (Contact the police): Yep, even if the crash is minor. And in case of injury, an ambulance
- (Don't launch accusations): Even if you know you're not in the wrong. It's the job of the insurance companies to determine who is at fault
- (Gather all the info you can): Assuming the other driver is calm enough to cooperate, exchange names, details and contact info with them. Write a description of the crash, what happened and in what order. Take pictures and ask any witnesses for their names
How to Prove That Brake-Checking Has Happened?
Two words.
Dash . . . cam!
Yep, installing one of these bad boys on your dashboard is always going to be your surest bet of catching out an offending brake-checker in the act. At the end of the day, video footage is undeniable – by far the best way of settling your case in court and getting a fair verdict.
If you don't have a dashcam or don't want to buy one, video evidence could also come in the form of mobile phone footage (assuming you have a passenger in the seat beside you to film it, as we wouldn't recommend doing so whilst driving).
These forms of evidence are important, as it's unlikely that any action will be taken without you having provided evidence in support of your account of the incident. At the end of the day, drivers' claims have to be externally verified, whether that's through a dashcam or other means like witness statements. Legal action will not be taken unless you can provide evidence of the incident taking place.
Ways to Avoid Getting Brake-Checked
Odds are that you're being brake-checked for no good reason, but there is a chance that you have done something to flare tensions with another driver, resulting in them brake-checking you. Obviously road rage is never acceptable, but there are some things you can do to minimise the chance of making other drivers upset:
- Don't tailgate other road users
- Drive considerably and at a safe distance (the Highway Code recommends a stopping distance of at least 2 seconds, and generally you should be able to see a few yards of tarmac and the tyres of the car in front through your windscreen)
- Paying attention to the speed limit and staying in the appropriate lane
Also, be sure to look out for the warning signs of a potential insurance scammer. If you notice someone sticking too close to you for no good reason, get away as soon as possible. Once they know you've caught on to them, they'll likely give up and move on to some other poor unsuspecting motorist.
What if Someone is Tailgating You?
Sometimes it's the other way around. Sometimes you yourself might be tempted to perform the brake-checking act on an annoying driver to your rear.
Brake-checking may seem like a quick fix solution to show your annoyance and get them off your tail, but please . . . don't, for all the reasons we've talked about! Nothing is worth the risk of a collision.
Try not to react, and if the tailgating driver is realllyyy persistent, it's probably best to change lanes. Any form of aggressive driving (i.e. brake-checking) will just make the situation worse.
Drive safely out there, and pay close attention to the driver in front of you!
FAQs
Is brake-checking illegal?
Yes! It's an illegal act that carries up to a two-year prison sentence and an unlimited fine. Obviously, is the resulting collision ends in a death, the consequences will be even more severe. The maximum sentence for death by dangerous driving is 14 years in prison and an unlimited fine.
Bottom line: don't do it folks