You may have faced the deliberate practice of repeatedly pumping or slamming brakes without warning the vehicles behind. Didn’t you find it unfair and dangerous? No wonder it is, and brake checking is an illegal action indeed.
They may do this to surprise you to cause a collision purposely. No matter where you are, this activity endangers you and others. Therefore, it is important to know what legal actions you can take if it happens to you.
Check out this blog as we got some suggestions for you below.
What is Brake Checking?
Brake checking is the practice of suddenly slamming on the brakes while following another vehicle to force the unwary car to do the same or change the direction to avoid an accident.
It comes from the widespread belief that insurance companies would hold the victim accountable for failing to give themselves enough time to respond or brake in an emergency.
A brake check, however, is an unsafe driving technique. Even though it may be bothersome, tailgaters should never stop abruptly or without cause.
What Motivates Brake Checking?
Brake checking is a very risky habit. It puts you at risk for serious injury or death and financial hardship if you have to pay for repairs or forfeit your no claims bonus. Nevertheless, people frequently put their safety at risk in a fit of rage at another driver’s negligence.
There are two primary causes of brake checking.
Road Rage:
Many dashcam compilations show this behaviour of drivers who recklessly pass the party they are angry at before slamming on the brakes and driving off once more. It’s a very typical reaction to being tailgated, too.
‘Crash For Cash’:
There have been allegations that some drivers purposely brake suddenly to cause an accident and receive either an insurance payout, immediate payment for the damages, or both from another party.
Since the repair must be completed before the vehicle is returned, this is a nightmare, especially for customers who lease personal and commercial vehicles.
Is Brake Checking Illegal in Canada?
Of course, it’s illegal.
It’s never a good idea to drive while angry. It can cause you to act rashly in ways you wouldn’t if you were a little more collected or weren’t mad about whatever it was or is occupying your thoughts and provoking your wrath.
So, it’s illegal in Canada as brake checking is a sort of road rage. And road rage is a form of irresponsible driving, which makes it unlawful. Hence, it is inappropriate for someone to drive recklessly and purposely endanger other drivers.
What to Do If You Get Brake Checked?
Try to leave as much distance as possible between you and the offender’s vehicle, ideally a two-second gap. This will frequently entail abruptly slowing down, which might make you nervous about what the drivers behind you are thinking.
Still, it’s preferable to go around the back of the brake checker, where you would have to deal with an even angrier person who would want to exchange insurance information or, worse yet, try to pressure you into paying cash.
For obvious reasons, you want to take every precaution to prevent an accident. However, even if you get brake checked and hit the car in front, you could be charged with tailgating, which is against the law because you weren’t maintaining a safe distance.
Read Also: Why Do People Brake Check
Should You Contact the Police About It?
Yes, you can report reckless driving to the police, but it is doubtful that anything will be done unless you have proof that the incident happened. This might take the form of visual evidence, such as footage that your passenger records on their phone, or you could just utilize a dash cam.
Suppose the other driver left the scene without exchanging insurance information after you sustained damage to your car due to a collision, and you have their license plate number. In that case, you must report this to the police.
Following a brake check accident, you can follow these recommendations:
Remain cool and refrain from yelling:
Brake testing accidents typically involve driver conflicts and road rage. Maintain a cool head and logical dialogue with the opposing driver.
Get in touch with the police:
Ensure neither you nor the other drivers suffer any injuries. Call 911, even if the collision is minor. Make an ambulance call if you are hurt. Don’t forget to record everything the responding officers hear.
Don’t admit the fault:
Avoid any discussion with the careless driver. You don’t have to acknowledge guilt because the police and your insurance companies will look into the collision to establish who was at fault.
Make sure you compile as much data as you can:
You should collect the names and contact details of the other driver. Take pictures and ask witnesses to identify themselves. Ensure that you also write down the police report number.
The best place to go is the hospital:
Going to a hospital immediately would be beneficial before considering a car insurance claim. Obtain a copy of all pertinent medical records, then adhere to the recommended course of therapy.
How Can Brake Checking be Proven?
It is difficult to retain reliable proof that a car braked and hit you without a dash cam. Video evidence is the most trustworthy proof because it provides a tangible record of what occurred.
The witness statement is the second most effective type of support since they offer an objective witness description of your injury claim. Outside of these external verification techniques, there is no additional evidence to back up the drivers’ statements.
Why Should You Not Get Tempted?
As difficult as it may be to accept, brake checking is never legal. Don’t give in to the desire to use it to stop a car from tailgating you if you find yourself in a scenario where you are inclined to do so.
If you can, accelerate or switch lanes; if not, attempt to maintain your composure until you can. Never use your car to brake check another vehicle—always drive safely, legally, and against temptation.
Conclusion:
Hopefully, this has answered all of your questions about—”is brake checking illegal in Canada?” All these initiatives might help you handle the situation while you get in the act. We must understand the fact that there are a lot of insensible people out there in the street.
So, no matter how hard someone tries to irritate you while driving, always maintain as much composure as possible. Your attitude towards something might help you handle the situation easily, and the law is always there to serve you.
Frequently Asked Questions
What is brake checking?
A brake check is when a driver abruptly applies the brakes in front of another vehicle. It is highly dangerous and can hurt anyone; thus illegal in Canada.
Is it illegal to brake test someone?
Yes, it's illegal to break check someone, for good reasons. It can harm people in a way that has adverse consequences. That is why it's illegal to have such a practice.
Is brake checking safe?
No, brake checking is highly dangerous because it can cause rear-end accidents, hurting you or other parties physically. You may suffer serious injury because of it.
Why is it called brake check?
It comes from the widespread belief that insurance companies would hold the victim accountable for failing to respond or brake in an emergency.
Can you report someone for brake checking?
Yes, you can report to the police. Providing the right documentation and evidence to the police can make it easy for you to manage the situation.
