Brake test

A brake test, also known as a brake check, occurs when a driver deliberately brakes very hard in front of another driver who is tailgating, or immediately after overtaking as an aggressive action, causing the second driver to swerve or otherwise react quickly to avoid an accident. Brake check also refers to simply pressing the brakes hard enough to activate the brake lights, signaling to the other driver that an increased space cushion is needed.

This article is about the driving manoeuvre. For testing of automotive brake systems, see brake tester.

Brake testing and tailgating are examples of aggressive driving, and both may be punishable as vehicular assault,[1] careless or reckless driving, or vehicular homicide if death occurs.

Brake-checking is also a tort known as assault and can lead to liability. In tort law, assault is an action by one person intended to cause another person to perceive imminent and unwanted (because harmful or offensive) contact. If A brake-checks B, B may swerve to avoid the crash that B reasonably perceives would otherwise occur. A intended the brake-check to create exactly that perception. If B swerves into the adjacent guard rail and suffers injury and property damage, B can recover from A. Even if B suffers no injury or economic loss, B may be able to recover from A for the assault, because the tort of assault does not require impact or injury.[2] (Such a case might not be worth pursuing, but that is a question of tactics, not of law.)

Because of the aggressive and dangerous nature of this move in motor sports, a driver who makes such a move is often penalized. Penalties given for such actions can vary from time penalties, to exclusion from a race or event.

References
  1. "Slamming the Brakes on a Tailgater: How It Can Land You With A Criminal Charge AND Prevent an Injury Recovery!". Archived from the original on 24 October 2017.
  2. Dan B. Dobbs, The Law of Torts, ยงยง 33-34, at 63-66 (West Group 2000).
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