What's the legality on "brake checking"? Page 1 / 3

gamez0r, Oct 21, 3:39pm
If someone jams their brakes on in front of you, and you connect bumpers, who is at fault? Who pays for what?

bumfacingdown, Oct 21, 3:46pm
If someone feels the need to "brake check" when you are following them, and you fail to stop short, chances are you are at fault, is the other driver? Harder to prove

kazbanz, Oct 21, 3:57pm
if you were driving along with same vehicle positions then if you hit them then you are at fault. You weren't using correct following distance.
If you can prove they changed lanes in front of you then hit the brakes then they are at fault. -But you need proof they did so.

mechnificent, Oct 21, 4:01pm
Yup. They could have jammed the brakes on to avoid a child.

tweake, Oct 21, 4:18pm
dog ran across the road.
if you hit them up the rear your automatically at fault.

unfortunately there are nobs out there that will change lane and slam on the brakes so they can claim insurance etc and no shortage of druggies that do it for fun.
thats why it pays to have a dash cam.

socram, Oct 21, 4:32pm
Good post re dash cams. It's a common scam pulled by East European immigrants in the UK - then claiming for whiplash injuries and/or damage to their crappy cars.

The whole idea of the '2 second rule' is so that you can stop in time, whether brake checked or an emergency. If being tailgated, it pays to leave more than a 2 second gap in front, as you may be braking for two!

To be fair, not been tailgated very often in recent years.

gunhand, Oct 21, 4:43pm
Me either, mind you having two 1m long sharpened bits of railway iron welded on the back of my car with pointy bit facing back seems to put people off tailgating. Oddly marked Police cars never seem to be tailgated either. Only a fool breaks the 2 second rule, although you would think it was 2 feet.

philltauranga, Oct 21, 5:10pm

gammelvind, Oct 21, 5:36pm
You hit them you pay!
It makes no difference how hard they hit their brakes or for what reason, it’s your fault. When I sat my license many moons ago the rule then was that you had to be able to stop in half the distance ahead of you regardless of speed.
O.P. You have to learn not to tailgate, simple as.

gammelvind, Oct 21, 5:40pm
You live in Auckland, don’t you drive there? It seems to me the only way they drive on the motorway.

nice_lady, Oct 21, 6:22pm
Not true. If, as other posters have stated, someone cuts in closely in front of you, (lane change), and suddenly jams on the brakes and you hit them then there is NO way you can be considered at fault - so long as you can prove what happened. Dash cams have certainly proven handy in these circumstances.

snoopy221, Oct 21, 6:24pm

taipapaki, Oct 21, 6:36pm
people follow me too close i just slow down till the distance they are following is safe. sometimes thats realllyyy sloowww

gammelvind, Oct 21, 6:45pm
That I accept for sure, providing you can prove it, but when it comes to the OP’s question he is at fault.

tweake, Oct 21, 6:57pm
https://youtu.be/dnpJpZcrWSc?t=36

"A prius driver pulls out onto the highway in front of a loaded truck leaving them nowhere to go. Driver was also fined for providing a false statement to police after they saw the vision."

if i remember right car driver claimed they where tailgated then rammed by the truck.

supernova2, Oct 21, 7:34pm
If it can be proved the guy in front stopped for no reason then it is possible to have him convicted of careless driving. If that were to happen then obviously the following driver wouldn't be paying for the repairs.

Downside of course being that the following driver could also be convicted of the same offence as following too close.

Without a dasham I'd say that the chances of a conviction for the front driver would be nil but more likely for the follower.

nice_lady, Oct 21, 7:41pm
Yeah I can see dash cams getting more popular for sure !

joanie04, Oct 21, 7:43pm
That would be something my brother and my nephew would have on their trucks lol.

msigg, Oct 21, 8:35pm
Yes supernova2 is correct, you cannot cause nuisance by slamming on your brakes for no reason.The problem is proving it. Best to stay well back to avoid.

henderson_guy, Oct 21, 9:30pm
This happened at an intersection with one of our trucks. Changed lanes in front and then hit the brakes, truck ploughed into car. Luckily, the intersection is monitored by cameras and the car driver was charged.

bill-robinson, Oct 22, 7:23am
you do not have to brake, just flick you lights on, then off.

bumfacingdown, Oct 22, 10:13am
Or just down change a couple of gears and drop the clutch

bill-robinson, Oct 22, 10:19am
and wear the car following to close

tweake, Oct 22, 10:25am
doesn't do anything.
the driver doesn't respond to lights, they are simply judging if you slow down or not.

purplegoat, Oct 22, 10:27am
In general I agree and support the general stance of law enforcement that if you run into the rear of somebody you are fault . However if somebody jams themselves into what was a safe gap in front of you and then has to brake heavily it’s hardly your fault if you hit them .

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