Brake Checking and the Myths of Fault: When It’s Really Your Fault

It is a common misconception that brake checking, a dangerous and illegal practice, means you are always at fault in a car collision. In reality, it is the responsibility of the driver behind to ensure they are not too close to the car in front and that they do not unexpectedly brake to avoid rear-ending a vehicle.

Let's look at a real-life incident that sheds light on this misconception. About 20 years ago, I was at a red traffic light with a car in front of me. The driver behind me backed into me very lightly. Upon inspection, the damage was barely visible, almost like a scuff mark. However, the officer on the scene issued me a ticket, claiming that I, rather than the other driver, was at fault. This was a clear misinterpretation of the situation, as the responsibility for noticing and avoiding a collision should lie with the driver behind.

A few days later, when my insurance company called wanting to take pictures of my vehicle, we found out that the damage was more significant than initially thought. She had not only backed into my car but had also caused a lot more damage by backing into a tree or a pole. This was clearly an attempt to shift the blame to me. Double-checking and confirming the facts is crucial in these situations. Since both my car and mine were covered under the same insurance company, they reassured me that they would handle the situation and dropped the ticket.

The Legal and Ethical Perspectives

While brake checking can lead to misunderstandings and misinterpretations of fault, it's essential to recognize that it is not automatically your fault if you are rear-ended. For instance, consider a scenario where someone is backing out of an angle parking space as you approach. If the person does not notice you and accidentally backs out, causing a collision, it would be their fault.

As an experienced road officer, my approach was to look for any contributory factors from either unit (the car and its driver) involved in the incident. Both parties are responsible for contributing to the collision if something went wrong.

Legally Evaluating Fault

In legal terms, being rear-ended is not always your fault. For example, if a car gets rear-ended at a stop light, the person in the back may be shown to have contributed to the accident. Similarly, in the case of the scuff mark incident, the responsibility of causing a light collision should have always been on the driver who was backing up, not the driver in front whose vehicle was slightly nicked.

The Role of Insurance and Technology

Technological advancements can also play a significant role in determining fault in car collisions. For instance, car insurance companies now use telematics, which are devices that monitor driving behavior, to assess fault. If accidents are reported, these devices can provide objective data to help determine the true cause of the collision. This data can be crucial in challenging the claims made by one driver or another.

Conclusion

In closing, it’s important to understand that brake checking does not necessarily mean you are at fault. Legal and ethical perspectives tell us that it’s the responsibility of the driver behind to ensure they do not cause a collision. Being knowledgeable about the rules and laws related to car collisions can help prevent misunderstandings and ensure fair resolutions.