Most drivers understand the importance of gradual, predictable movements on the road. They know that they need to apply brakes cautiously, change lanes gently and make turns at a measured pace. This allows all road users to react safely.
Conversely, when drivers act suddenly and without warning, it can lead to dangerous situations. Brake checking is one such unpredictable action that, if performed, could lead to a serious accident and cause significant injuries.
A form of reckless driving
While Mississippi law doesn’t address brake checking directly, this action could fall under reckless or aggressive driving, both illegal in the state. The state defines reckless driving as operating a vehicle in a way that “shows a willful or wanton disregard for the safety of persons or property.” A sudden stop forces the following driver to react swiftly, which can escalate quickly into a dangerous situation.
For example, if a driver brake checks another vehicle during peak traffic, the other driver might need to swerve abruptly to avoid a collision. This sudden maneuver could endanger other road users and contribute to a chaotic traffic situation. Such a reckless act could be seen as a willful disregard for safety, potentially leading to severe penalties for the brake-checking driver.
Victim’s rights in the situation
It’s important to note that the consequences of an illegal act such as brake checking can extend beyond traffic violations. If a brake check results in an accident, the law might hold that at-fault driver liable for any damages that result. This gives the injured party a way to seek recompense for various losses, such as medical treatments for their injuries, property damage to their vehicle and other related costs. If anyone finds themselves the victim of such an incident, they should consult a legal professional.
Many people face challenging times after an accident. But, with professional support and guidance, navigating these challenges can become manageable.
