Can you legally brake-check someone if they are tailgating you? Here’s what Texas law says
In Texas, there are no laws that pertain to brake-checking someone, but that doesn’t mean it’s safe.
Road rage manifests in many forms, especially in the Dallas-Fort Worth area. Earlier this year, both Fort Worth and Dallas made the top 10 in Forbes’ list of cities with worst drivers. This list is based on data of fatalities in car accidents..
Brake-checking, which is when someone hits their car’s brakes when another driver is following close behind them, is one expression of road rage.
Tailgating, when one driver follows the car in front of them too closely, is another. Thus, when someone brake-checks a tailgater, they are forced to react quickly to avoid damage.
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Both actions can result in unsafe behavior.
While Texas has a “Road to Zero” plan to cut the number of accident fatalities in half by 2035 and completely eliminate them by 2050, it’s up to drivers to implement safe behaviors on the road.
Here’s what Texas law has to say about brake-checking and tailgating:
Laws on brake-checking in Texas
Both tailgating and brake tests can result in life-threatening car accident, especially if you are on the highway.
U.S. 67, a major north-to-south highway that runs through Dallas, is known for its fatal crashes. With only two lanes, the highway is dangerous to travel on as traffic volumes increase.
If brake-checking results in loads of damage, it can be considered reckless driving. And in Texas, the fine for this can be up to $200, a misdemeanor charge, or up to 30 days in county jail. That’s not to mention the cost of damaged cars as well.
If someone is tailgating you, there are safer ways to shake them off.
Progressive Insurance shared a few tips on how to deal with drivers that are causing a nuisance:
Remain calm. Frustration only escalates the situation.
Let the tailgater pass. Move over to the right lane when it’s safe, giving the driver a chance to pass you on the left. If you’re on a single-lane road, consider pulling into a well-lit parking lot or gas station to let them pass.
Stay steady. Keep speed steady so they have the option to pass you if needed.
Don’t slam on your brakes. If you need to hit the brakes, do so slowly and steadily to give the car behind you time to reduce its speed.
Be extra cautious. Try to focus on everything on the road, not just the driver behind you.
