Brake check! Who doesn’t do it while driving?
Now, you must be wondering why we’re talking about this topic while it’s obvious. While brake checking is common, doing it abruptly on the road may cause severe accidents; hence, doing it intentionally without need is considered a wrong act in Canada.
Let’s learn about what is brake check, why people do it, and why it is considered illegal in Canada.
Table of Contents
What is Brake Check & What Does It Mean in Canada?
A brake check is called a brake check when a driver abruptly and deliberately applies the brakes, leading you to move out or collide with their rear.
However, no matter what the reason is—brake checking is deliberate. This may seem simple to determine who is at fault, but both drivers could still be held legally responsible.
Here, determining the fault party mostly depends on the circumstance of the collision.
In most countries, brake checking is regarded as a crime, and it’s directly linked with aggressive, reckless, and stunt driving.
In some provinces of Canada, brake checking comes under the rule and regulation of stunt driving laws. And there are many records of such crimes in Canada.
Why Do People Brake Check: Unravel the Mystery
People do it for different reasons. And it can be hard to figure out the cause.
Nevertheless, you need to go through all the reasons to understand the purpose of brake checking. Otherwise, you won’t be able to guess the driver’s intention in front of you and save yourself from getting into this mess.
Here are the five common reasons for brake checking.
Signaling to steer away from the tailgate
Few drivers stay too close to the vehicle in front of them. Maybe the person driving the cat isn’t well-aware of the traffic rules, or they can be an unskilled driver.
Also, the driver might not notice to keep the required gap. So, you brake check to signal them to move away from your lane or to maintain a safe distance. This is also known as brake check tailgater.
Although it looks like a good idea to prevent the potential collision, it’s outright risky.
Road rage
Road rage is a widespread issue faced and conducted by drivers. And brake checking is pretty common in road rages.
Well, it’s not surprising to see people getting angry just because some car has run faster than them. In that case, that upset driver could drive before you and keep hitting the brake, thinking you cut them off in the first place.
On the other hand, the other driver can think you have made some inconsiderate move on the road, such as driving a little aggressively or slowly. So now, they want to teach a lesson for that.
Personal issues
The drivers might have some history. Thus, one of them is disturbing them on the road. The main reason could be they want the other driver to be in danger. Also, they might plan to put them in some trouble.
Insurance scam
Regarding brake checking, money and road rage are the two most prevalent issues. Sometimes drivers want your insurance money illegally causing a chance of an accident. That means brake checking is just an excuse to get the money as It’s tough to prove you are a victim of brake checking.
Perplexing the other driver
Sometimes, people like rowdy teenagers to have fun on the road. Irritatingly, they seem to have too much and brake check the drive-in front of them.
They could be having a wild party in their car and driving the vehicle recklessly. In such circumstances, they might want to annoy the car behind them, which may turn into an accident.
Is Brake Checking Illegal in Canada?
Yes, brake checking is illegal in Canada and also illegal in Alberta. Driving while angry is never a good idea. It can make you act quickly in ways you wouldn’t if you were a little calmer or weren’t angry about whatever it was or is making you angry.
As brake checking is a form of bad driving, it is therefore prohibited in Canada. Bad driving is also illegal because it is a kind of careless driving. Therefore, it is improper for someone to drive carelessly and put other drivers in danger on purpose.
Who is at Fault for Brake Checking?
Typically, the driver who gets brake checked becomes responsible for the crash. In connection with that, both tailgating and brake checking is similarly life-threatening.
Hence it creates confusion in defining the faulty party. However, if you are a victim, you can take the help of a skilled lawyer.
Should I Report a Brake-checking Accident?
You should immediately report to the police if you are a victim of a brake checking accident. Not to mention, if there is a car crash, you have no option but to report it to the police. You might not be hurt, or the car is not damaged, but you still should let the police know.
While reporting, provide evidence that the other driver was playing with you for some reason. Generally, the videos are the best proof of these occurrences.
Tips to Avoid a Brake Checking Ploy
On the road, it’s our responsibility to drive safely. Unfortunately, we are all different, so things might go out of control. But you can prepare before to avoid getting in these kinds of situations.
The following tips will help you greatly—
- Drive safely, keeping a safe distance between cars
- Drive courteously because it’s for the best
- Always drive within the speed limit and in the designated lane
- Keep the camera on your dash
What is Tailgating?
Brake checking’s opposite is tailgating. It may occur when you cannot apply the brakes because the vehicle in front of you is driving too closely. If you wish to use a hard brake, you must have enough space.
Thus, tailgating prevents you from coming to a stop without hitting another vehicle.
Additionally, just like brake checking, tailgating is prohibited.
What to Do If You are Brake Checked Already?
If you are wondering what you should do in a situation like this, the tips below are for you.
- Identifying early warning signs is something you can do. The other driver may yell, wave their arms, or attempt to pass you as soon as they can if they are angry with you.
- Keep as much distance as possible from the motorist if you notice any indications listed here.
- Pull off if things get out of hand. Additionally, try to choose a populated region. This way, you can avoid potentially dangerous encounters with the other driver.
Concluding Remarks
Brake checking takes place on the road frequently. Unlike serious ones, the minor ones hardly get reported for lack of evidence and knowledge of basic law enforcement.
If you find yourself in a situation like this, you can report to the police with proper evidence. Most importantly, you need to keep calm. Finally, if you have faced something like this, seek the assistance of an experienced lawyer today.
FAQs
Take a look at the following queries regarding brake checking:
Is brake checking illegal in Canada?
Yes, brake checking is illegal in Canada. As the traffic rules require, you are not supposed to drive too slow to bother other drivers. Also, you don't drive in such a way that puts other people's lives in danger, including yours.
What is the penalty for brake checking?
The penalty for brake checking is not specific. Regardless, the act of brake checking is a serious crime. As a result, it may lead to a two-year prison term and an ongoing fine. The consequences will be significantly worse if a collision kills someone. The maximum punishment in that situation is 14 years in prison and a hefty fine.
Why do people brake check trucks?
Generally, people do it in trucks to obtain some insurance money. As trucks are enormous, when you slow down in front of them, a driver might not be able to brake at the right moment. As a result, the speed, weight of the vehicle, and a sluggish vehicle can cause a rear-end collision.
Why do people brake check on the highway?
Generally, people brake check on a purpose. And one of the reasons is insurance fraud. On the highway, all the vehicles are at speed, so it is easier for a rear-end collision to take place. Once there's a collision, the immoral driver can ask for insurance money if they can prove that the driver behind is at fault.
