Is it legal to brake check a driver for following too closely? What Kentucky law says
If you’ve ever been followed a little too closely on the roadway, maybe the driver behind is even flashing their headlights, the thought may have crossed your mind: “What if I suddenly needed to slam on my brakes?”
You might need to brake for a genuine emergency, but also, what if you tapped on your brakes to startle the driver behind into giving you more breathing room? A brake check, as it’s called, has its roots in the cheeky culture of early internet message boards for car enthusiasts, but what do today’s laws have to say about it?
Are brake checks legal under Kentucky law, and if there’s an accident because of it, who’s at fault? Here’s what to know.
Is brake checking illegal in Kentucky?
Like most states, Kentucky doesn’t seem to have a specific law against brake checking, though it could be considered reckless driving, as explained by Lexington injury law firm Minner Vines.
Kentucky Revised Statute 189.290, a long-establishing state law, provides that drivers must operate their vehicles in a “careful manner with regard for the safety and convenience” of others on the road, be they pedestrians or other vehicles.
Drivers may also run afoul of that law if they “willfully operate” their vehicle in such a manner as to damage the highway. That could include barriers, fencing or other highway infrastructure.
The penalty for a reckless driving charge is typically a small fine if it’s a first offense, but repeat offenses, such as three times in one year, could cost the offender their license.
Who’s at fault when there’s a crash due to a brake check?
In rear-end collisions, the driver who follows behind is often held responsible for damages to the vehicle they rear-end. After all, state law requires drivers to be “reasonable and prudent” in how closely they follow other vehicles, taking into consideration speed and traffic conditions.
That said, Kentucky’s comparative fault laws mean drivers who slam on their brakes for no reason could be found at least partially responsible for resulting collisions. In that case, any compensation they receive would be reduced in proportion to their share of the blame.
How can you prove you’ve been brake checked?
It can be tricky and difficult to prove you’ve been brake checked, given there’s already a presumption the driver following caused the collision. It’s especially challenging if the driver was indeed following too closely.
Still, it’s also possible the driver who rear-ended the other vehicle was the target of an insurance scam in a staged accident. In scenarios like these, it helps to have an unbiased observer in the form of video evidence. Consider buying and installing a dashboard camera in your vehicle.
You can use the video the dash cam records to help determine fault in an accident. It might even make you a better driver and help you hold yourself accountable knowing you’re being recorded. It can also give you peace of mind on the road.
Apart from dash cam footage, evidence of brake checking in an accident could include the following, according to Minner Vines law firm:
Video from surveillance cameras or traffic cameras
Statements from eyewitnesses who saw the accident unfold
Accident or police reports
Expert statements, such as those from accident reconstruction specialists
Do you have a question about the law in Kentucky for our service journalism team? Send us an email at ask@herald-leader.com or fill out our Know Your Kentucky form.
