Can I ‘brake check’ a driver following me too closely on roads? What Kansas law says
Is someone driving too close to your bumper and tailgating you? Be careful not to flash your brakes to get them to slow down. You could find yourself in big trouble if an accident happens.
The maneuver known as a “brake check” happens when you are driving and you feel that the vehicle is driving too close to you. So you react by quickly applying your brakes to get the other driver’s attention and make them slow down, but you could also cause a rear-end crash.
Is it legal to brake check someone in Kansas? What happens if a brake check causes a crash? This is what Kansas law says.
What happens if I brake check a driver in Kansas?
While the act of brake checking isn’t explicitly stated as illegal in Kansas, the Kansas Highway Patrol says it’s dangerous. Kansas law requires drivers to “follow other vehicles at a reasonable and prudent distance, taking into consideration the speed of the vehicles and the condition of the roadway.”
Brake checking could be considered reckless driving, which is a misdemeanor in Kansas and could land you in jail and fined.
The Kansas Highway Patrol recommends that if the driver behind you is tailgating, you should move to another lane if possible. If it’s necessary, you may need to slow down and pull off the road to let the driver go by you.
“Do not press your brakes to warn the offending driver, this could make a difficult situation become more dangerous,” the highway patrol said in a blog post.
Who’s at fault in an accident caused by a brake check?
But Kansas is a no-fault state, which means that your own insurance policy will pay your medical bills and certain other losses if you are injured in a car accident, regardless of if another driver’s brake check caused the accident, according to the Kansas-based traffic law firm Warner Law Offices’ website.
While Kansas is a no-fault state, you can get compensated from the at-fault driver if your medical treatment is valued at $2,000 or more, or if your injury includes one of the following, according to Warner Law:
- A fracture to a weight-bearing bone.
- A compound, comminuted, displaced or compressed fracture.
- Loss of a body part.
Permanent disfigurement.
- Permanent injury within reasonable medical probability.
- Permanent loss of a bodily function.
- Death.
This story was originally published July 22, 2024 at 9:41 AM with the headline "Can I ‘brake check’ a driver following me too closely on roads? What Kansas law says."
