Is it illegal to 'break check' someone with the intent to cause an accident?

Question

I was involved in an accident, last night, in which the other driver intentionally slammed on his breaks to cause me to hit him. This wasn't the typical tapping of the breaks, he put them on and held them on. Even though he admitted to break checking me, I was sighted for Unassured Cleared Distance.

Insurance has been broadcasting the 'Squat and Swoop' method, and have proven that it is illegal. While there was no other party involved, the intent is still the same. I would assume that means it would be illegal for him to intentionally cause an accident in a similar manner.

Perhaps I should have added the following information. The accident was on an entrance ramp to a highway, not in any situation where a child could run into the path.

Also, I was driving a 3/4 ton truck with a 16' trailer attached, loaded with equipment. Had this been a normal straight away, my vehicle would not have been as close to the other vehicle. At the time, I was slowing down to approach the ramp. The car in front of me had already slowed down.

As with most people, I was allowing the engine to slow the vehicle, and not strictly the brakes. That is why I was closer than normal. I was not intentionally tailgating this person.

... and I realize it's brake and not break, I just wasn't thinking very well.

Answer 1

Look at the question you asked. "Is it illegal to intentionally cause an accident?"

It answers itself.

Now, the tricky part is proving intent. But you said he admitted to "break checking" you. Depending upon exactly what he said that may be allowed as an admission.

You were cited for violation of a traffic law. In most jurisdictions, that is Negligence Per Se. But just proving you were negligent is also often not the final answer, where the other party acted intentionally to cause the problem. Intentional Torts generally override negligence when determining fault.

As noted above, a lawyer will be able to explain all of these concepts in more detail, and will be allowed to tell you whether any of them actually apply to your particular situation.

Answer 2

1

Answer 3

"That is why I was closer than normal." You just admitted to following too close. Sorry. I own a trucking company and the traffic laws are important to know. Following too close is a violation regardless of the outcome. The only alternative at this point is to prove that the other driver stepped on his brakes with the 'intention' of being hit. Since you were on a ramp it will be difficult to prove that the other driver did not have a reason to slow that quickly. Regardless of what he admitted to, you will still have to 'prove intentional collision'. He is now claiming you to be at fault and you can either pay the piper or prove your innocence in a contested claim. Good luck.

Answer 4

it is illegal to cause an accident. if there was no reason to slam on breaks, while someone is tailgating, the break checker will be held responsible. as long as you have a lawyer who sees this. many lawyers will say well you were following too close and thats why you got into an accident. sir, nobody follows somebody so close if they know the person in front will NEED to break hard. its when the slow poke is trying to make you slow down and follow him without letting you pass where it becomes his problem in the courtroom, not yours. here in ga, slow pokes can be ticketed if they are caught not allowing traffic to pass. they HAVE to get over and STAY in the right lanes with slower traffic. so many accidents are caused by these slow pokes

Answer 5

You were too close, which will be his defense if you get an attorney, and now that the vehicles have been moved, there is no way to determine the force with which he hit his brakes, so then you would be out the upped insurance rates plus the court costs.

Next time, just stay farther back, so you don't have to worry.

Answer 6

No, it is not illegal to put on the brakes hard and hold them. If he does, and you hit him, it is your fault for following too close. That's why tailgating is illegal.
Look at it this way, if a child had run out in front of him, should he hit the child to avoid hitting his brakes and thus save you the inconvenience caused by your own actions?

Answer 7

yes, it's illegal. just cause you were cited doesn't mean you're guilty. so go to court. it's your right and your duty. both of you may actually be guilty, you for following too close, and him for intentionally causing a collision. recently, an individual was found guilty of involuntary manslaughter for causing an accident and a death in this manner. and the word is brake, not break

Answer 8

Don't know which country you are asking from - but in mine, yes it is illegal to brake check the car behind you on purpose. However, if you hit him/her then you can both be charged - you for not keeping sufficient distance and he for dangerous driving, or driving with intent to injure. If you can afford it talk to a lawyer.

Answer 9

yes it's illegal but the police will always ticket the one who hit from behind saying you were following to close. you should have kicked a little a!! before the police came..... that wasn't good advice was it. ha ha. ok, back on track the squat and swoop method is usually done on 18 wheelers.

Answer 10

Sounds like you would win in court, in any case. Emphasize to the court that what this person did could have caused you injury. Something that someone does to intentionally cause someone injury (or in some cases involuntarily as in manslaughter) will get somebody jail time.