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Brake checking—intentionally slamming on the brakes to startle or intimidate a tailgating driver—is a dangerous maneuver that often leads to rear-end collisions. While some drivers use it to discourage aggressive tailgating, this reckless behavior significantly increases crash risks.
In Washington State, brake checking is illegal and considered a form of aggressive driving. Under RCW 46.61.425, drivers must maintain safe speeds and avoid sudden stops without proper cause. Violations can result in citations for negligent driving, with fines up to $559, and may even lead to reckless driving charges in severe cases. If you’re wondering, “Is brake checking illegal in Washington state?” the answer is clear: yes, and it can carry serious penalties.
If you’ve been involved in a brake-checking accident, understanding liability and insurance claims is critical. This guide will help you navigate fault determination, evidence collection, and securing fair compensation.
Understanding Liability in Brake-Checking Accidents
When involved in a brake-checking accident, determining liability (who is at fault) is the first step toward addressing insurance claims and potential legal proceedings. In most cases, the driver who initiated the brake check can be held responsible for the resulting accident. However, the situation can become more complex if the tailgating driver was engaging in aggressive driving or was following too closely.
Fault in Rear-End Collisions
In rear-end collisions, the general rule in traffic law is that the following driver is presumed to be at fault. This is because drivers are expected to maintain a safe distance between vehicles to allow for sudden stops or changes in traffic conditions. Howe… Read More
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