If you’ve ever been in traffic and found yourself closer to the tail end of another driver than you wanted, you probably backed off. It might take some time to do so if you’re in busy traffic, though, especially if someone is close behind you.
If the driver in front of you is feeling particularly aggressive, they may brake check you to get you to back off their tail. Tailgating is illegal, so it’s reasonable for someone to feel upset that another driver is too close to them. However, brake checking isn’t legal either. It’s reckless and puts people’s live at risk.
If a driver in front of you brake checks you and you’re able to stop fast enough, you may be able to reach out to the police with their license plate to make a report. If not, you may find yourself in an argument over who’s at fault.
Brake checking isn’t legal in Colorado
Brake checking isn’t legal in Colorado, because it’s reckless and sets the scene for an automobile collision. It’s not always easy to prove that someone has checked you, though. For example, if you’re traveling too closely and get into a crash because they slam on their brakes, they may argue that you were tailgating them. Tailgating is also illegal, and if they can come up with an “excuse” for putting on their brakes quickly, you could find yourself in an argument over fault.
It’s a good idea to have a dash cam in your vehicle to help protect you in these kinds of situations. With a dash cam, a review would show if something ran out in front of the driver or if they slammed on the brake shortly after you moved into the lane, for example. It would also show your actions and the distance between your vehicles, which could help you prove that you weren’t tailgating.
This is a difficult legal situation to be in. If you’re hurt, make sure you do seek medical attention and keep the documentation. Your attorney will be on your side to help you seek compensation for the other driver’s dangerous actions.
