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Summary
While there is no specific law against brake checking in Nevada, it could lead to a reckless or aggressive driving charge if an car accident results from it.
Table of Contents
What Is Brake Checking?
Brake checking happens when a driver abruptly applies their brakes to make the car behind them slow down or stop suddenly. This driving behavior can be aggressive or retaliatory, meant to convey frustration or teach a lesson to another driver.
While brake checking is not explicitly illegal in Nevada, it can lead to dangerous situations like rear-end collisions and road rage incidents, which are considered aggressive driving behavior. Although some jurisdictions may not specifically outlaw this action, it typically falls under reckless or aggressive driving laws.
As a result, it is both illegal and unsafe in many areas.
Definition and Common Scenarios
Brake checking occurs when a driver suddenly applies the brakes to affect another driver's behavior, usually stemming from road rage or frustration. This can lead to dangerous scenarios such as rear-end collisions.
Some states explicitly prohibit brake checking, while others categorize it under reckless driving. It's important to always maintain a safe distance and avoid aggressive behavior.
If you are involved in a brake-checking incident, report the behavior and remove yourself from the situation by slowing down or changing lanes.
Differences Between Brake Checking and Sudden Braking
Brake checking involves intentionally slamming on the brakes to affect another driver's behavior. This dangerous driving behavior can be aggressive, aiming to frustrate or convey a message to other drivers.
In Nevada, such actions could be considered illegal due to their potential to cause accidents and endanger road safety. Understanding the difference between sudden braking, which can occur accidentally due to unexpected obstacles or emergencies without any intention to affect other drivers, and intentional actions like brake checking is crucial.
Motivations Behind Brake Checking Behavior
Drivers might perform "brake checks" out of road rage or frustration, aiming to disrupt traffic flow to their liking. Some drivers brake check intentionally to cause car accidents and obtain financial compensation through insurance claims, which is a form of fraud.
Legal Status of Brake Checking in Nevada
In Nevada, brake checking could fall under aggressive or reckless driving laws because it is intentional. Those who perform brake checks, often called "brake checkers," might be charged criminally if their actions result in a brake-checking accident, which can lead to up to six months in jail.
Also, if a driver intentionally brakes checks, causing an accident, they may be significantly at fault, which affects any compensation they may be entitled to under Nevada's modified comparative fault rule.
Statutory Provisions Related to Reckless Driving
In Nevada, reckless driving is defined as a willful disregard for road safety, which can include actions such as speeding or failing to yield. Brake checking can be considered illegal in Nevada because it involves deliberate actions that can result in serious consequences.
If a driver commits a brake check and it leads to a car accident, they could be sentenced to up to six months in jail and face civil liability.
How Nevada Defines Aggressive Driving
In Nevada, aggressive driving includes actions like speeding, running red lights, and creating hazards, all of which can lead to criminal charges. Brake checking is considered dangerous and can be classified under aggressive driving, potentially resulting in penalties such as up to six months in jail and being held liable in a civil claim.
Consequences of Brake Checking in Nevada
Brake checking is illegal in Las Vegas under aggressive and reckless driving laws. This action may result in criminal penalties, including up to six months in jail, and can also lead to civil liability if it results in a brake check accident.
In accidents involving several parties' faults, the individual who performs a "brake check" could face substantial liability due to their intentional conduct. To avoid both legal issues and improve road safety, drivers are advised against ever performing a brake check under any circumstances.
Immediate Legal Penalties for Brake Check Offenders
In Nevada, brake checking can lead to charges like aggressive or reckless driving because it shows a wanton disregard for safety. A conviction could result in up to six months in jail.
Additionally, civil liabilities may arise if a driver who performs brake checking is found to be partly or fully at fault. Their liability will depend on their degree of responsibility, which affects the compensation they might recover in a personal injury claim.
Long-Term Consequences for the Driver
If a brake checker causes a motor vehicle accident, which results in serious injuries or damages, they could face long-term consequences, including:
- Criminal charges like aggressive or reckless driving
- Found partly or fully responsible in the civil court
- Legal costs and insurance hikes
- Ongoing medical bills and therapy for other drivers
Impact on Driving Records and Licenses
While a specific law addressing brake checking in Nevada is not outlined in the NRS, such an action often falls under reckless or aggressive driving.
This can result in points on your driving record, potentially leading to higher insurance premiums and even license suspension, depending on the frequency of offenses.
It can also affect your civil liability and result in legal actions against you.
Criminal Liability for Brake Checking
Brake checking, which is deliberately applying the brakes to shock or upset another driver, can lead to accidents and injuries. This behavior is classified as reckless driving in many areas, including Nevada, because of its hazardous potential.
In Las Vegas, if brake checking leads to a car accident, the person who performed it might be liable for any resulting damages. If the action was intended to cause harm, there could also be criminal liability, particularly in cases involving aggressive or reckless driving.
Completely understanding liability, both civil and criminal, in brake-checking accidents often involves assistance from personal injury lawyers, so it's important to seek legal representation when involved in an accident with a brake checker.
Charges That May Apply
In Nevada, brake checking can result in charges of reckless or aggressive driving based on the intent behind the act.
These charges could result in jail time, fines, and license suspension.
Potential Fines and Jail Time
Brake checking could be deemed as reckless or aggressive driving and may lead to severe penalties.
Causing an accident through brake checking in Nevada can result in up to six months of jail time, a $750 fine, eight points on your driving record, and possibly license suspension for first offenses.
Repeat brake-checking incidents could elevate the charge to a Class 1 misdemeanor, leading to longer jail time and higher fines.
Aggravating Factors in Criminal Cases
If a brake checker is criminally charged, their charge could be made worse if:
- They had previous convictions
- Committed a crime while armed
- Hurt someone
- Targeted a protected group, like police or minors
Civil Liability of a Brake Checker
Civil liability occurs when one party's actions cause harm or loss to another, making them responsible for damages. In cases of motor vehicle accidents involving injuries, such as those caused by brake checking with a car, the injured party may seek compensation from the liable individual through negotiation or legal action.
Evidence such as dash cam footage, photos, and eyewitness accounts is crucial in proving fault in a car accident, and setting up a free consultation with an experienced attorney is important in understanding the legal intricacies related to the legal process behind motor vehicle accidents.
Liability Determination in Brake-Checking Accident Cases
Determining liability involves examining evidence like dashcam footage and police reports to understand each driver's actions, such as brake checking or tailgating, in order to assign fault percentages. In the context of car accident attorneys in Las Vegas, understanding this process is crucial for obtaining compensation in potential legal claims.
In Nevada, brake checking is considered a negligent act, meaning the driver who committed the brake check may be found more at fault.
Role of Insurance Companies in Brake Check Claims
Insurance companies are essential in managing claims by evaluating the situation to assign fault and financial responsibility. They analyze evidence like physical evidence, video footage, and witness statements to determine liability percentages for the involved parties.
Compensation for Injuries and Property Damage
In Nevada, if a brake-checking incident leads to an accident, both parties may share liability, as comparative negligence applies to every accident case, even if a driver brake checks. However, the driver who initiated the brake check might be assigned greater responsibility compared to the following driver.
Under Nevada comparative negligence laws, if you are deemed more than 51% at fault, you may be barred from recovering a settlement.
Legal guidance can help determine if you are eligible for compensation and how to process your claim, especially when dealing with a brake-checking accident.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
