Brake-checking incidents are becoming increasingly common on Missouri roads, leaving many wondering, “Is brake-checking legal in Missouri?” This dangerous driving behavior can result in severe accidents, especially for the trailing driver, who may have little time to react.
If you’ve been involved in a brake-checking accident, understanding the legal implications and your options is crucial.
While rear-end collisions often place blame on the following driver, brake-checking complicates the issue. This intentional act, where a driver slams or taps their brakes without a valid reason, can cause serious injuries and extensive vehicle damage.
Missouri law takes reckless driving seriously, and proving fault in these cases often requires expert legal insight and a thorough investigation.
Rear-end collisions are among the most common crash types, accounting for 40.8% of all accidents. In 2022 alone, accidents caused by “following too close” led to 22 fatal crashes, 4,325 injury crashes, and 14,782 incidents involving property damage.
Tragically, these crashes resulted in 25 fatalities and 6,265 injuries. Brake-checking heightens the risk of collisions and endangers lives through preventable and reckless driving behavior.
Though collisions between motor vehicles accounted for less than half of motor vehicle fatalities in Missouri (43%), they represented 78% of all injuries and 71% of all reported incidents. Among these, angle collisions caused the most fatalities, but rear-end collisions remain a leading cause of injuries.
The dangers of reckless behaviors like brake-checking highlight the importance of following safe driving practices and understanding your rights after a crash. To learn more about brake checking in Missouri continue with this article by skilled Missouri car accident lawyer Paul Beck.
What Is Brake Checking?
As mentioned, brake checking occurs when a driver intentionally slams or taps their brakes while another vehicle closely follows them. The goal is often to force the trailing driver to brake suddenly or swerve, potentially causing a collision. While some drivers may do this out of frustration or anger, others may have more malicious intentions, such as attempting to stage an accident for financial gain.
This reckless driving behavior endangers everyone on the road, including the person brake-checking. It can lead to severe accidents, catastrophic injuries, and even fatalities. In Missouri, brake checking is considered dangerous driving and is illegal under state law.
Why Brake Checking Is Illegal
Brake checking is not just reckless; it’s a criminal offense in Missouri. The state considers it a form of dangerous driving, punishable by severe penalties. If a collision caused by brake checking results in serious injuries or fatalities, the consequences can escalate significantly, potentially leading to years of imprisonment and hefty fines.
Protecting Yourself From Brake Checking
If you suspect a driver is brake-checking you, maintain a safe distance and slow down to increase the gap between your vehicles. If an incident occurs, a dash cam can provide valuable evidence. If damage is caused or the driver flees the scene, report the incident to the police with any available evidence, such as video footage or a license plate number.
Brake checking is dangerous and illegal, posing risks to everyone on the road. By staying alert and following safe driving practices, you can reduce your chances of becoming a victim of this reckless behavior.
Why Do Missouri Drivers Brake Check If It Is Illegal?
Brake checking—intentionally slamming on the brakes to force a trailing driver to stop abruptly—is illegal in Missouri and highly dangerous. Despite the risks, drivers continue to engage in this reckless behavior for various reasons, from emotional reactions to deliberate criminal intent.
Road Rage and Frustration
Road rage is one of the most common triggers for brake-checking. Drivers who feel angered by tailgaters often slam their brakes impulsively to “teach the other driver a lesson.” While the intent may be to deter tailgating, the result is usually a rear-end collision, leaving both parties at risk of injury and property damage.
An Attempt to Create Distance
Brake-checking is sometimes used as a misguided defensive measure. Drivers feeling pressured by a vehicle following too closely may abruptly break to encourage the tailgater to back off.
Unfortunately, this tactic is ineffective and dangerous, especially at high speeds or in heavy traffic. A trailing driver may not have enough time to react, resulting in a collision.
Aggressive Driving Behavior
For some, brake-checking is part of a pattern of aggressive driving. Drivers who speed, weave through traffic, or exhibit road rage may use brake-checking as a means of retaliation or to exert dominance on the road. These behaviors not only escalate tensions but significantly increase the likelihood of accidents.
Distracted or Impaired Driving
Distraction or impairment can also lead to brake-checking. Drivers texting, talking on the phone, or otherwise inattentive may break suddenly without considering the consequences. Similarly, drivers impaired by alcohol, drugs, or fatigue may lack the judgment to recognize the dangers of sudden braking.
“Crash for Cash” Fraud Schemes
Some drivers use brake-checking as part of deliberate “crash for cash” fraud schemes. In these cases, the driver intentionally causes an accident to file fraudulent insurance claims. By slamming on their brakes in front of another vehicle, they aim to make it appear that the trailing driver was at fault.
These scams put innocent drivers at risk and lead to unnecessary financial and legal complications.
What Are Missouri’s Laws on Brake Checking and Following Too Closely?
Brake checking and following too closely, commonly referred to as tailgating, are not only dangerous but also explicitly addressed by Missouri state laws. These practices can result in significant legal and financial consequences, including criminal charges, fines, and potential jail time. Here’s a detailed look at how Missouri laws regulate these behaviors.
Missouri RSMo Chapter 304.019 prohibits any sudden stops or abrupt decreases in speed unless the action can be executed safely and is signaled appropriately. Additionally, RSMo Chapter 304.012 requires all drivers to operate their vehicles in a “careful and prudent manner” and exercise the highest degree of care.
Brake checking, which involves slamming on brakes without reasonable cause, could violate these statutes because it endangers others on the road.
When a brake check causes an accident, the driver responsible may face a Class A misdemeanor, punishable by up to one year in jail, a $2,000 fine, and increased insurance costs. Even without an accident, reckless behavior can result in a Class C misdemeanor, punishable by up to six months in jail and a $1,000 fine.
Missouri’s Laws on Tailgating and Following Too Closely
Tailgating is also prohibited under RSMo Chapter 304.017, which states that drivers must not follow another vehicle “closer than is reasonably safe and prudent.” The recommended rule of thumb is maintaining one car length for every ten mph you’re driving.
For example, at 60 mph, you should keep at least six car lengths between your vehicle and the one ahead. In adverse weather conditions, increasing this distance is strongly advised to ensure safety.
Tailgating can lead to rear-end collisions, and drivers found guilty may face penalties similar to those for brake checking. Following too closely is especially hazardous when road or traffic conditions change suddenly.
The Impact of Missouri’s Minimum Speed Rule
Missouri’s minimum speed rule ensures that vehicles maintain an adequate speed to prevent disruptions in traffic flow. On interstate highways, the minimum speed is 40 mph, while on other roads, driving too slowly without justification could impede traffic and encourage tailgating, according to MO Stat. § 304.011, drivers traveling at excessively low speeds may be cited if their actions block reasonable traffic flow.
The Obligation to Exercise the Highest Degree of Care
As outlined in RSMo Chapter 304.012, Missouri drivers are legally obligated to exercise the “highest degree of care” to prevent harm to others on the road. This requirement applies to all driving behaviors, including maintaining safe distances, avoiding sudden stops, and adhering to speed regulations.
Neglecting this duty can lead to accidents, legal repercussions, and heightened liability in civil claims.
Who is at Fault in a Brake Checking Accident in Missouri?
Determining fault and proving liability in a brake-checking accident in Missouri can be complex, as liability often depends on the specific circumstances of the collision. Under Missouri law, both brake checking and tailgating are considered unsafe driving practices, and responsibility may be shared between the involved parties.
Fault for the Brake-Checking Driver
If a driver intentionally brakes another vehicle and this action directly causes a collision, they are likely to be held at fault. As we mentioned, brake checking can also be considered reckless driving under RSMo Chapter 304.012, which requires drivers to operate their vehicles carefully and prudently.
However, proving intentional brake checking often requires objective evidence, such as dashcam footage or witness testimony. Without such evidence, the brake-checking driver may avoid some liability, as the incident could appear to investigators as a standard rear-end collision, where the trailing driver is presumed to be at fault.
Fault for the Tailgating Driver
The tailgating driver may also bear responsibility for the accident. A driver following too closely risks being unable to react in time to sudden stops, making them partially or entirely liable for the crash. In Missouri, tailgating is often considered a contributing factor in rear-end collisions, regardless of whether the leading vehicle brake-checked the trailing car.
Shared Fault in Brake-Checking Accidents
In many cases, both drivers may share liability. If the brake-checking driver acted recklessly and the tailgating driver failed to maintain a safe following distance, Missouri’s comparative negligence laws may assign fault to both parties. For example, a 50-50 liability split could result, meaning neither driver would be fully entitled to compensation for damages.
Importance of Evidence
Objective evidence is crucial in brake-checking accidents. Without camera footage, witness testimony, or other reliable proof, the incident may default to the appearance of a typical rear-end collision, with the trailing driver presumed at fault. Substantial evidence can help clarify the roles of both parties and ensure fault is appropriately assigned.
How Do You Prove The Accident Was Caused By Brake Checking?
Proving liability in brake-checking accidents can be challenging. The driver who rear-ends the front vehicle is often presumed to be at fault, meaning the other driver may be unfairly assumed responsible for the collision. However, several key pieces of evidence can help support your claim if you’ve been involved in a brake-checking accident.
Eyewitnesses
One of the most critical forms of evidence is eyewitness testimony. If other drivers or passengers witnessed the brake-checking behavior, their statements can provide crucial insight into what occurred.
Eyewitnesses can confirm whether the other driver suddenly braked or if they were following too closely, which could help shift some of the liability to the brake-checking driver.
Police Report
The police report is another vital piece of evidence. It contains accident details, including the officer’s observations, road conditions, and driver statements. If the police report indicates that the other driver was following too closely or engaged in brake-checking, it can bolster your case.
Accident Reconstruction Experts
In more complex cases, accident reconstruction experts can play a crucial role. They analyze the physical evidence from the scene, such as skid marks and vehicle damage, to reconstruct the accident. They can demonstrate how the brake-checking maneuver contributed to the crash, providing a clearer picture of the chain of events.
Video Surveillance or Traffic Cameras
Footage from traffic cameras, dashcams, or surveillance systems can be highly valuable. These recordings can capture the brake-checking behavior, proving how the accident unfolded. Video evidence can be difficult to dispute and strengthens your case significantly.
To prove negligence, evidence of brake-checking negligence must be gathered. An experienced attorney from Beck & Beck Missouri Car Accident Lawyers can help collect and present this evidence effectively.
What Happens if Multiple Vehicles Were Involved in the Accident?
Multi-vehicle accidents are notoriously complex because determining fault isn’t always straightforward. In Missouri, the rule of comparative fault applies, meaning responsibility for the accident is divided among multiple drivers based on their negligence.
Unlike two-car collisions, where one driver is typically deemed at fault, chain-reaction accidents require careful analysis of each driver’s behavior to assign responsibility.
Chain Reaction Accidents and Fault Allocation
In a chain-reaction accident, the driver who causes the initial collision is often considered primarily at fault, but others can share responsibility if their actions contributed to the crash. For example, if a driver fails to maintain a safe following distance, they may be held partially responsible for the accident even if they didn’t initiate the collision.
Missouri law recognizes the role of multiple parties and divides fault among them according to their degree of negligence.
Evidence in Chain-Reaction Accidents
Substantial evidence must be gathered to prove liability in these types of accidents. This includes police reports, witness statements, traffic camera footage, and accident reconstruction analysis. Accident reconstruction specialists can help determine how the crash occurred, which driver’s actions were negligent, and how the chain reaction unfolded.
Physical evidence, such as vehicle damage, skid marks, and road conditions, significantly identifies faults.
Insurance and Liability
In multi-vehicle accidents, each driver’s insurance will only cover damages based on their percentage of fault. Insurance companies often resist settling these claims due to the complexity of assigning blame, leading to disputes over liability.
Substantial evidence and legal support are crucial to ensuring fair compensation, as drivers and insurers may attempt to minimize payouts by shifting blame onto others.
Skilled Missouri Auto Accident Attorney
At Beck & Beck Missouri Car Accident Lawyers, we are committed to providing experienced legal representation for auto accident victims in Missouri. Our team understands the complexities of multi-vehicle accidents, brake-checking incidents, and Missouri’s comparative fault system.
We work diligently to gather critical evidence, such as eyewitness statements and accident reconstruction, to build strong cases. With a focus on securing fair compensation, we fight against insurance companies and ensure your rights are protected. If you’ve been involved in a complex auto accident, contact us today for the knowledgeable support you need.
