Is it legal to brake check a tailgating driver in Kansas? Here’s what the law says
No one likes being tailgated, and if someone is following you a little too closely, can you do anything to stop them?
There’s one tactic that may be common, but is also dangerous and not worth the risk — brake checking.
“Brake checking” is when a driver taps their breaks abruptly or multiple times in quick succession to signal to the car behind them that they’re following too closely. While it may sometimes work, it can lead to car accidents, road rage and other dangerous situations.
Is brake checking legal in Kansas? Could you get pulled over and ticketed? Here’s what to know.
What does Kansas law say about brake checking?
Kansas law doesn’t explicitly prohibit brake checking in Kansas, but it could be defined as reckless driving since it can put other drivers in danger.
“The act of brake checking could be considered inattentive driving, careless driving or reckless driving, depending on the individual facts of the situation,” Andrew Ford, the public information officer for the Wichita Police Department, told The Eagle.
Kansas law says, “any person who drives any vehicle in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”
Reckless driving can lead to fines up to $500 and, in some cases, prison time, according to Kansas Statute 8-1566.
The state also has laws that require vehicles to follow at a “reasonable and prudent” distance, depending on factors like the speed limit, traffic and the condition of the street.
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway,” Kansas Statute 8-1523 reads.
If you do find someone following too closely, Kansas Highway Patrol recommends moving to the other lane if possible or pulling off the road to let the driver pass you.
“Do not press your brakes to warn the offending driver, this could make a difficult situation become more dangerous,” the highway patrol’s website reads.
According to the Wichita Eagle’s ticket database, 64 tickets for reckless driving were written in Wichita in 2022.
