Is Brake Checking Legal In Texas

With an impatient jerk riding their bumper, 9 out of 10 El Paso drivers choose tapping the brakes over changing lanes. You do it, I do it .. everybody does it. Is it legal though?

Texas is known as the friendly state but, when it comes to the highways and byways of the lone star state; we don't always live up to that motto. Friendly goes right out the window, short tempered replaces it and brake checking is as common as "howdy".

Ok, maybe not everybody handles tailgaters the same way but, if you do, you should know that it is illegal and could get YOU in trouble.

Brake Checking In Texas

Texas has no law that prohibits you from brake checking a pushy driver but it could still get you a ticket. If a brake check results in a rear end collision, or any other type of collision or damage, you could be deemed at fault for it and cited for reckless driving

So yes, brake-checking is in fact illegal in Texas. On top of that, drivers who are caught brake-checking another driver can risk a state fine of up to $200, a jail sentence of up to 30 days, or both, according to the Liggett Law Group. - mysanantonio

Insurance Coverage After A "Brake Check" Accident

Most rear enders are caused by the vehicle behind and that is usually the assumption. However, insurance companies may not cover anything in these instances if the brake checker is found to have caused the accident.

According to the Liggett Law Group, Texas law assigns proportionate responsibility in a car crash, meaning a driver cannot recover damages when found to be greater than 50% at fault. - mysanantonio

Long story short; just be a friendly Texan and let that other dumbass go bother someone else.