Is Brake Checking Illegal? - Jennifer Porter

BSPE Legal Marketing Podcast

From Jennifer Porter Law, PLLC – Brake checking, a dangerous and aggressive driving behavior, is more than just a reckless reaction to tailgating — it can result in serious legal consequences and devastating car accidents. In this episode, we break down the article Is Brake Checking Illegal? and explain how this hazardous act is treated under Virginia’s traffic laws. Classified as reckless driving under Virginia Code § 46.2-852 and § 46.2-853, brake checking can lead to severe penalties, including fines of up to $2,500, jail time, and a six-month driver’s license suspension.
Brake checking frequently causes rear-end collisions, multi-vehicle accidents, and injuries such as whiplash or spinal damage. The ripple effects of sudden, unnecessary braking can endanger not only the drivers involved but also passengers and pedestrians. We discuss how Virginia’s strict contributory negligence laws affect these cases, barring victims from recovering compensation if they share even a small percentage of fault. Proving liability in such incidents often requires solid evidence, including dashcam footage, police reports, and testimony from accident reconstruction professionals.
The discussion also highlights the dangers of escalating road rage, as brake checking can provoke retaliatory driving behavior, increasing the risk of further accidents. Virginia Code § 46.2-816 makes tailgating illegal, but one dangerous act doesn’t justify another. Maintaining safe driving practices, such as defensive driving and keeping a safe following distance, can help prevent these dangerous encounters. Public awareness and promoting responsible driving habits are crucial to reducing the risks posed by reckless behaviors on Virginia’s roads.
For those involved in a brake-checking incident, seeking legal advice is an important step. Jennifer Porter Law, PLLC, based in Fairfax, provides dedicated support to car accident victims throughout Northern Virginia. Call [phone] to schedule a consultation and learn more about your rights, the legal process, and how to pursue compensation after a reckless driving accident.
Jennifer Porter Law, PLLC
8280 Willow Oaks Corporate Dr, Fairfax, VA 22031, United States
[phone]
https://www.google.com/maps?cid=1633844614801486416