Can brake checking someone on the road land you in jail? Here’s what NC law says
Road rage manifests itself in many different ways, including horns blaring, angry shouting of words you can’t say on television and flipping the bird.
Sometimes, irate drivers will take out their frustrations on the road by following other cars too closely on the road, or tailgating.
If you notice someone tailgating you, it can be tempting to brake check to send them a message to slow down — but doing so could cause an accident and land you in legal trouble.
Here’s what to know about brake checking laws in North Carolina, and safe ways to deal with tailgaters on the road.
What is brake checking?
Brake checking is when someone intentionally slams on their brakes in order to scare the driver behind them and make them slow down. If a driver follows too close or is tailgating you, brake checking them might cause them to back off or pass you when they are legally able.
Is brake checking legal in NC?
In North Carolina, brake checking falls under the category of aggressive and reckless driving, which is illegal, according to Wilder Pantazis Law Group, a firm based in Charlotte.
State law defines reckless driving as “driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.”
Those stopped for reckless driving can be charged with a class 2 misdemeanor, which carries a maximum fine of $1,000 and up to 30 days in jail.
What if you cause an accident?
If you do end up brake checking and it causes an accident, it may be difficult to prove you were intentionally brake checking. However, if there was dash cam footage, surveillance footage or eyewitnesses, you may end up in trouble.
“If brake checking causes an accident that results in someone else’s injury, the driver may be ordered by a North Carolina civil court to compensate the injured party,” Wilder Pantazis Law Group says.
Seriously injuring someone or killing someone during a brake checking accident can result in felony charges and up to 204 months in prison and permanent revocation of your driver’s license, according to Browning & Long, a firm based in Charlotte.
What can you do if someone is tailgating you?
If someone is tailgating you, you shouldn’t encourage the behavior or escalate the situation. Instead, safely pull over or turn into a nearby business and let the tailgater move along.
Here are some other tips on how to handle tailgaters, according to Tatum & Atkinson, an NC-based firm:
- Maintain a consistent speed to reduce frustration for you and the tailgater
- Create space and change lanes to let the tailgater pass
- Use your turn signals to allow the tailgater to anticipate your moves
- Report aggressive driving to law enforcement
This story was originally published June 5, 2024 at 1:00 PM with the headline "Can brake checking someone on the road land you in jail? Here’s what NC law says."
