[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Brake checking occurs when a motorist intentionally slams on their brakes to startle, irritate, or intimidate the driver behind them. The driver on the receiving end of a brake check is typically forced to brake suddenly or swerve into a neighboring lane to avoid causing a rear-end collision.  In many cases, the rear driver does not have enough time or distance to maneuver and collides with the vehicle ahead of them. Traffic behind the brake check victim might also be unable to stop in time. That can lead to frustrating scenarios where both parties claim they were wronged and dispute who is actually at fault.","@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Yes. Brake checking is an illegal driving practice here in Indiana. Indiana is one of just 11 states with specific laws against aggressive driving.  Under \u00a7 9-21-8-55 of the Indiana legal code, a driver commits an aggressive driving offense if they \u201cknowingly or intentionally\u201d engage in aggressive driving behaviors to \u201charass or intimidate\u201d someone in another vehicle.","@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"Some people assume that the driver in the rear is automatically at fault when they crash into a vehicle in front of them. However, the truth is that the driver of either could be at fault and, in some cases, another party may share responsibility.  If an aggressive driver intentionally cut you off and brake-checked you, they would likely be at least partially at fault. In some cases, you would bear at least some responsibility for failing to maintain a safe following distance or stop your vehicle in time. However, with strong enough evidence, it might be possible to demonstrate you had no way to avoid the crash.  A third party might also be partially at fault for the accident. For example, if your brakes didn\u2019t work because a manufacturing defect caused them to fail, the negligent manufacturer of the brakes may bear responsibility. A knowledgeable attorney can help you determine who was at fault in an Indiana brake check accident and seek compensation from all possible sources.","@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What Is Brake Checking?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Answer"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Question"},{"@type":"Question","name":"\u00a0Is Aggressive Brake Checking Illegal?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Answer1"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Question1"},{"@type":"Question","name":"Is It Always My Fault If I Rear-Ended Someone?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Answer2"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#Question2"}],"name":"Brake Check Accident FAQ Page","@id":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.truittlawoffices.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Is at Fault If Someone Brake Checks You in Indiana?","item":"https:\/\/www.truittlawoffices.com\/blog\/fault-brake-checks\/#breadcrumbitem"}]}]