Legal Consequences of a ‘Break-Check’ Accident: Understanding the Risks and Implications

Driving is a privilege that carries significant responsibilities. One particularly dangerous and illegal activity is what is known as a 'break check'—a deliberate and often aggressive action where a driver aggressively moves their vehicle to test if another driver will swerve or brake hard to avoid a collision. This is not only dangerous but can result in severe legal penalties if it leads to a collision. What happens if you break check and hit them, then back up and hit them again?

First Collision: Accident or Aggravated Assault?

If you break check and hit someone, but do not intentionally cause significant harm, your legal situation can be complex. The first collision might be seen as an accident. If you have appropriate insurance, it could be covered without major legal consequences. However, the situation changes dramatically if you choose to back up and hit the other vehicle again.

Second Collision: Potential Criminal Charges

The second collision can result in much more severe legal consequences. You could face charges like:

Aggravated Assault with a Deadly Weapon: Intentionally striking another vehicle with your car can be considered an act that can reasonably be expected to cause death or serious bodily injury. Vehicular Assault: This could be applicable if the act of hitting someone with your car is reckless. Potentially Murder: If the second collision results in serious injuries or death, you could face felony charges, including attempted or actual murder.

The severity of the charges can escalate based on the extent of the damage and injuries. For instance, if the second collision pushes the car into traffic and causes more accidents, the charges can become extremely serious.

Legal Liability and Insurance

If you are found to be responsible for the first collision, you will be liable for any damages. The primary issue arises if you intentionally attacked the other vehicle the second time. In such a case, you could face charges for:

Dangerous Driving: Driving recklessly or in a manner that endangers others. Reckless Driving: A more serious charge where the driver's actions are deemed to be a gross violation of law and endanger lives. Attempted Murder: If the act can be interpreted as an attempt to cause death, especially if the second collision results in serious injuries or death.

What If You Trust the Other Party to Back Away?

It's essential to understand the difference between backing away to avoid an accident and intentionally ramming another car. If you believe the other party is guaranteeing you safety by backing away, you should proceed with caution. However, if you choose to hit the other vehicle and they also hit you back, you might find yourself facing criminal charges for your second action. It's not advisable to engage in a second round of aggressive driving, as you could face severe legal ramifications.

Preventative Measures

The best way to avoid such a situation is to maintain a safe following distance and avoid aggressive driving behaviors. If you are ever in a situation where someone is tailgating you or performing a break check, pull over and safely change lanes to create a safe distance. This can prevent the need for a response that could result in legal troubles.

Driving safely and maintaining a responsible attitude towards the roads is key. If you are ever involved in a 'break check' situation, the legal consequences can be severe. Always act with caution and adhere to traffic laws to avoid placing yourself and others at risk.