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by Matthew C. Andrew - October 31st, 2024
Checking the brakes on the road is a dangerous practice that often leads to serious accidents. While many may wonder whether brake checking is illegal in Idaho, understanding this behavior’s laws and potential consequences is essential. If you’ve been involved in this kind of incident, the legal and experienced team at Andrew Injury Law, based in Meridian, ID, is here to assist.
This practice occurs when a driver intentionally slams on their brakes to force the vehicle behind them to stop abruptly or collide with their car. This action is often considered reckless and aggressive driving. Although it may seem like a quick response to tailgating or frustration, it can easily lead to rear-end collisions and serious injuries.
In Idaho, reckless driving laws cover brake checking. According to Section 49-933 of the Idaho Statutes, any driving behavior that endangers others on the road, including this, can be penalized.
While dangerous, this behaviour is typically a reaction to road rage, frustration, or anger caused by another driver’s attitude, such as tailgating. Many drivers use this way to express themselves and “send a message” to the following car to back off. Unfortunately, this aggressive tactic escalates tension and significantly increases the chances of a serious accident.
Avoiding hostile driving is crucial in preventing road rage incidents. Remaining calm and not engaging in risky conduct, such as sudden braking, helps ensure safety for everyone on the road.
Preventing accidents caused by this action involves both defensive and respectful driving. Here are a few fundamental tips:
In Idaho, this practice is considered reckless driving, which makes it illegal. Drivers who engage in this dangerous behavior may be held liable for damages and injuries that result from the crash. However, proving negligence in these cases can be challenging. The injured party must demonstrate that the driver who engaged in this act did so intentionally and that their actions directly caused the accident.
Collecting evidence such as dashcam footage, witness statements, and police reports can be critical in establishing the facts of the case.
Idaho’s modified comparative negligence rule means that fault may be shared between both parties involved in a car accident. Under this guideline, a driver who is less than 50% guilty may recover damages. Regardless, if the injured party is found to be 50% or more involved, they may be unable to receive compensation.
For instance, in a scenario like this, the court may determine that the driver who intentionally breaked is 80% at fault, while the tailgating driver holds 20% of the responsibility. In this case, the rear-ended driver could still recover damages, but their award would be reduced by 20%. For a deeper understanding of comparative negligence, consult the legal review here.
It’s essential to take the following steps when you’ve been involved in this kind of accident:
Accidents caused by deliberate braking can lead to complex regulatory issues, especially when determining liability. Consulting an experienced car accident attorney can help you better understand Idaho’s laws and ensure that you are fairly compensated for any injuries or damages. At Andrew Injury Law in Meridian, ID, our dedicated legal team is prepared to guide you through the process and protect your rights. For professional juridical advice and assistance, contact us at 208-517-7670 or visit our office at 3597 E Monarch Sky Lane, Suite 240, Meridian, ID. We’re here to help you every step of the way.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
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Matt Andrew was so helpful and encouraging regarding our small auto accident negotiation. We received clear and comprehensive suggestions and outline of action for us to take. We are grateful to have spoken with him directly and on the first phone call to his office. Great attitude and genuine interest in helping. Definitely recommend.
Matt is a “Tell it like it is”, Attorney. He will scour the data, and go to bat for you. He becomes your liaison, so you can really focus about just getting better, and though he wont loan you any money, he’ll tell you what you need you need to do to survive if you’re out of work for a bit. Attorneys aren’t cheap, you’ll end up with more if you use one. Heed his advise for the strongest case argument in your favor.
I called Matt he was driving he took my information and he immediately called me back, he answered my question and gave me advice on how to handle the situation, he very helpful for my situation, he was thorough
Andrew Injury Law is a personal injury law firm in Idaho. We focus on representing individuals who suffer injuries from someone else’s negligence. We use a compassionate and aggressive approach to help our clients after an injury. Our team knows that injuries can be life-altering. Our Boise injury lawyer fights for our clients every step, leading to trial if necessary. Get in touch with the Boise injury lawyers from Andrew Injury Law today.
Andrew Injury Law represents people who need help during the most challenging times. Injuries are life-changing in many ways. Even a minor injury can leave you out of work for weeks with mountains of medical bills. Permanent injuries require more medical attention and bring more bills. Our team is here to help you every step of the way. Call our personal injury lawyer in Caldwell for a free case review.
You must get legal representation immediately when you suffer an injury or lose a loved one. The insurance companies are vultures looking to diminish your claim. They don’t care about the pain you are suffering. They only care about their bottom line. When you file a personal injury claim, you will pursue justice and compensation for your injuries and losses. Andrew Injury Law helps injured individuals seek compensation from negligent parties. We offer free case reviews, so call our office today.
Our primary goal is to hold the at-fault party responsible by getting you financial reimbursement for your injuries. Schedule a free consultation today with our Meridian personal injury lawyer from Andrew Injury Law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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