Tailgating and brake checking are two dangerous driving acts that cause rear end collisions, and serious car accident injuries. In this post we cover what is tailgaiting in driving, what is brake checking, if it is illegal to brake check in Texas and fault in a rear end collision.
Let’s begin.
What is Brake Checking?
A brake check is not a necessary or safe reduction in speed. It is an abrupt and unreasonable impedance of traffic.
Is Brake Checking Illegal?
There is no statute in Texas specifically prohibiting brake checking. However, brake checking is a violation of the Minimum Speed Regulations. This is often the primary traffic violation used.
1. Texas Transportation Code § 545.063 – “Minimum Speed Regulations”
(a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(b) An operator on a roadway having more than one lane with traffic moving in the same direction may not drive in the left lane except when passing or preparing for a left turn. A person who is operating a vehicle that is not moving at the same speed as the other traffic on the roadway shall drive in the right lane.
2. Texas Transportation Code § 545.401 – “Reckless Driving”
Law enforcement considers brake checking a type of reckless driving – which is illegal. The illegal act of “brake checking” (suddenly and aggressively braking to intimidate a tailgater or cause a reaction) typically falls under the following statutes: This is a more serious charge that can be applied.
(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
Brake checking is the very definition of a “wilful or wanton disregard for safety.” It intentionally creates an extremely dangerous situation that can easily lead to a serious collision. If cited under this statute, the penalties are more severe.
3. Texas Penal Code § 22.05 – “Deadly Conduct”
In extreme cases, brake checking can rise to the level of a criminal offense.
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
If a driver brake checks someone at high speed, a prosecutor could argue they were recklessly placing the other driver in “imminent danger of serious bodily injury.” This is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine. If a weapon (like the vehicle itself) is used, it could potentially be elevated.
What is Tailgating?
Tailgating in driving, is when a driver follows another vehicle too closely. Drivers are required to leave a safe distance between themselves and the vehicles ahead.
When a driver follows another vehicle too closely, they reduce their available distance to brake and come to a complete stop. When traveling at higher speeds, braking distance increases exponentially.
Additionally, because most tailgating accidents are a form of reckless driving, a driver found at fault for tailgating may be subject to punitive damages in a car accident lawsuit.
Is Tailgating Illegal in Texas?
Under Texas State Law, tailgating is illegal. The specific statute that makes tailgating illegal in Texas is Texas Transportation Code § 545.062, “Following Distance.” The “Assured Clear Distance” Rule states motorists are required to leave a safe distance between themselves and the vehicles ahead.
(a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
Tailgating is considered an aggressive form of negligence and frequently leads to devastating rear-end accidents. Tailgating is considered an act of negligence and willful disregard.
Subsections (b) and (c) place an additional duty on drivers operating large trucks, to leave enough space for other vehicles to safely merge in front of them on highways outside of cities.
(b) An operator of a truck or a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the two vehicles to enable another vehicle to enter and occupy the space without danger. This subsection does not prohibit a truck or motor vehicle drawing another vehicle from overtaking and passing another vehicle or combination of vehicles.
Penalties for Violation
Violating § 545.062 is a moving violation. The penalties typically include:
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A fine of up to $200.
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Two points added to your Texas driving record.
While the law doesn’t use the word “tailgating,” Texas Transportation Code § 545.062 is the definitive statute that makes it illegal by requiring drivers to maintain a safe and assured clear distance at all times.
Fault in a Rear End Collision
The person following too close is typically the liable party in a rear end collision accident. However, sometimes drivers who are being followed too closely react with the same level of recklessness.
If you are tailgating and the car in front of you brake checks you, causing a rear-end collision, Texas’ modified comparative fault rules will apply. The brake-checking driver will likely be found at fault for the intentional/reckless act, but the tailgating driver will also be found partially at fault for following too closely.
If the tailgater is found to be 51% or more at fault, they could be barred from recovering damages. In any “brake checking” incident, dashcam footage is extremely valuable in proving the aggressive and intentional nature of the maneuver.
In conclusion, while there is no statute titled “Brake Checking,” the act is unequivocally illegal in Texas and can be prosecuted as Impeding Traffic, Reckless Driving, or even the criminal charge of Deadly Conduct, depending on the severity of the action.
