The way people act in traffic and how others respond can directly influence the chances of a crash occurring. Tailgating is passive-aggressive or outright aggressive driving behavior. One motorist gets right up on the rear bumper of another driver to express frustration with their speed or intimidate that person.
Tailgating is not just nerve-racking. It is also dangerous. When there isn’t enough space between vehicles, a rear-end crash is more of a safety concern, as any abrupt stop could lead to a wreck. The front driver could change their route, increase their speed or attempt to deter continued tailgating by gently tapping their brakes a few times.
Some drivers are more aggressive and apply the brakes assertively, a practice known as brake checking. Is that maneuver legal in Ohio?
Brake checking is illegal
Generally speaking, the law requires that motorists comport themselves appropriately given traffic conditions. They should make reasonable efforts to communicate with others in traffic, monitor their surroundings and conform to all traffic laws and signage.
Engaging in behavior that obviously increases the risk of a major collision could constitute reckless driving. Motorists accused of brake checking could face partial responsibility for a rear-end crash despite the decision of the other driver to tailgate them. Motorists who believe they experienced brake checking or similar unsafe conduct may have grounds to file an insurance claim or a personal injury lawsuit to recover their collision-related losses.
People injured in crashes caused by brake checking can potentially hold an aggressive driver accountable for that inappropriate traffic maneuver. Discussing a recent crash with a personal injury attorney is the best way to understand one’s options available.