[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/is-brake-checking-legal-in-arizona\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/is-brake-checking-legal-in-arizona\/","headline":"Is Brake Checking Legal in Arizona?","name":"Is Brake Checking Legal in Arizona?","description":"Brake checking involves suddenly slamming on a vehicle\u2019s brakes for no reason other than to aggravate or scare the driver immediately following behind. While Arizona\u2019s statutes do not explicitly forbid it, drivers who brake check can be prosecuted under other state laws.\u00a0 A motorist who causes a rear-end collision while...","datePublished":"2025-06-01","dateModified":"2025-08-06","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/#Person","name":"Zachary Mushkatel","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/","identifier":24,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2024\/08\/close-up-driving.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2024\/08\/close-up-driving.jpg","height":667,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/is-brake-checking-legal-in-arizona\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=l3bSKs09LR4#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=l3bSKs09LR4","name":"How Long Do I Have to File a Car Accident Claim in Arizona? - Mushkatel, Gobbato, & Kile","description":"For more information, please visit: https:\/\/www.phoenixlawteam.com\/blog\/how-long-do-i-have-to-file-a-car-accident-claim-in-arizona\/\n\nMushkatel, Gobbato, & Kile, P.L.L.C.\n15249 North 99th Avenue\nSun City, Arizona 85351\n(623) 889-0691","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/l3bSKs09LR4\/default.jpg","https:\/\/i.ytimg.com\/vi\/l3bSKs09LR4\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/l3bSKs09LR4\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/l3bSKs09LR4\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/l3bSKs09LR4\/maxresdefault.jpg"],"uploadDate":"2025-06-01T19:34:37+00:00","duration":"PT2M53S","embedUrl":"https:\/\/www.youtube.com\/embed\/l3bSKs09LR4","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCioMf8Qkt0yAxbSIoUrSABg#Organization","url":"https:\/\/www.youtube.com\/channel\/UCioMf8Qkt0yAxbSIoUrSABg","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","description":"Mushkatel, Gobbato, & Kile, P.L.L.C. we bring a service based approach to clients. Your legal needs are our top priority, and the diverse backgrounds and skill sets of our lawyers ensure that your needs will be met with expertise.\n\nMushkatel, Gobbato, & Kile, P.L.L.C.\n15249 North 99th Avenue\nSun City, Arizona 85351\nhttps:\/\/www.phoenixlawteam.com\/\n","logo":{"url":"https:\/\/yt3.ggpht.com\/9FCEVHzqd4cqF1QwqjqAxPxoa8vbQFxRyqZvKWnR6nqStm_MobEonCmQjtMdKcZK0-NhtiAk=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=l3bSKs09LR4#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=l3bSKs09LR4#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=l3bSKs09LR4&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=l3bSKs09LR4#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":9}]]},"about":["Car Accidents"],"wordCount":1047,"articleBody":"Brake checking involves suddenly slamming on a vehicle\u2019s brakes for no reason other than to aggravate or scare the driver immediately following behind. While Arizona\u2019s statutes do not explicitly forbid it, drivers who brake check can be prosecuted under other state laws.\u00a0A motorist who causes a rear-end collision while brake checking can also be held liable for resulting injuries and other accident-related losses. While proving that a crash resulted from brake checking can be difficult, working with an experienced car accident lawyer can help an injured motorist build a solid case for compensation.Table of ContentsWhy Is Brake Checking Illegal?How Do You Prove Who Is At Fault in an Arizona Brake-Checking Accident?Could Both Drivers Be Held Liable for the Crash?What Should I Do If Another Driver Is Tailgating Me?How Long Do I Have to File a Lawsuit Against the Other Driver in Arizona?Contact an Arizona Car Accident LawyerWhy Is Brake Checking Illegal?Arizona traffic laws prohibit tailgating, or following another vehicle more closely than is reasonable under the circumstances. Some drivers might choose to brake check a driver behind them who they think is tailgating. While tailgating is illegal, Arizona law does not consider brake checking an appropriate response. Drivers who brake check can cause rear-end car accidents, putting the safety of other road users at risk.Brake-checking drivers may face prosecution under Arizona\u2019s reckless driving laws. State law prohibits the operation of a vehicle in reckless disregard of the safety of other people or property. Violators can be charged with a Class 2 misdemeanor, which can result in a fine and a 90-day driver\u2019s license suspension.Drivers who perform brake checks may also meet the definition of aggressive driving. As a class 1 misdemeanor, it is a more severe charge than reckless driving. This crime refers to a combination of speeding and any two other moving violations. Penalties include mandatory traffic school, fines, and a license suspension of 30 days.How Do You Prove Who Is At Fault in an Arizona Brake-Checking Accident?Proving fault in a brake-checking accident can be challenging, as it often comes down to one driver’s word against the other’s. However, several types of evidence can help establish liability, such as the following:Eyewitness testimony \u2013 If there were any witnesses to the accident, they may be able to corroborate that the lead driver braked suddenly for no apparent reason.Dashcam footage \u2013 If either vehicle involved in the accident had a dashcam, the footage could clearly show the events leading up to the collision, including any brake-checking behavior.Skid marks \u2013 The presence and length of skid marks on the road can indicate whether the lead driver braked suddenly and forcefully, which may suggest brake checking.Vehicle damage \u2013 The location and severity of damage to the vehicles can provide clues about how the accident occurred. If the rear driver’s vehicle has severe front-end damage, it may indicate they had little time to react to the lead driver’s sudden braking.Police reports \u2013 If someone called law enforcement to the scene, their accident report may include their assessment of fault based on the evidence and statements collected.Working with an experienced car accident attorney can help you gather and present the necessary evidence to prove that the lead driver’s brake checking caused the collision.Could Both Drivers Be Held Liable for the Crash?In some cases, both drivers involved in a brake-checking accident may share fault. Arizona follows a comparative negligence rule, which means that each party’s degree of fault is considered when determining liability and awarding damages.For example, consider a scenario where the lead driver brake checked a rear driver who was tailgating them, making both drivers partially at fault. If the rear driver is found to be 30 percent at fault and the lead driver 70 percent at fault, the rear driver’s compensation would be reduced by 30 percent.The comparative negligence rule means that every percentage point of fault matters. An experienced lawyer knows how to build a case that puts as much blame on the other driver \u2013 and as much money back in your pocket \u2013 as possible.What Should I Do If Another Driver Is Tailgating Me?Being the target of a tailgating driver can be frustrating. However, performing a brake check is not the best way to respond. Instead, you should do the following:Stay calm \u2013 Letting your emotions get the best of you can increase the likelihood of causing car accidents and severe injuries.Keep a safe following distance \u2013 Stay three seconds behind the vehicle in front of you. This will give you enough time and space to react if they suddenly slam on the brakes.Do not brake suddenly \u2013 Focus on keeping your speed consistent and safe, and signal your intentions before maneuvering.Report aggressive driving \u2013 If another motorist\u2019s tailgating becomes threatening, you should report them to the appropriate authorities. Be ready to provide the vehicle\u2019s license plate information, make, and model.\ufeffHow Long Do I Have to File a Lawsuit Against the Other Driver in Arizona?Arizona law gives injured people two years from the date of a crash to file a lawsuit against any responsible parties. If you miss this statutory deadline, the court may bar you from seeking the compensation you deserve. You can avoid this risk by consulting with a knowledgeable Arizona car accident attorney as soon as possible after the collision occurs.Contact an Arizona Car Accident LawyerWere you hurt in a car crash caused by another driver making the unsafe decision to brake check you? If so, you may be dealing with excruciating pain, overwhelming medical bills, missed time at work, and debilitating emotional trauma. The experienced attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. understand how challenging life after a rear-end collision can be. We are ready to use our legal knowledge and skills to stand up for your rights.Our attorneys have over 50 years of combined legal experience fighting for injured clients. Let us give you the support and advocacy you need at this challenging time. Call us today or contact us online for a confidential consultation with a car accident injury attorney in Sun City.Visit Our Arizona Car Accident Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is Brake Checking Legal in Arizona?","item":"https:\/\/www.phoenixlawteam.com\/blog\/is-brake-checking-legal-in-arizona\/#breadcrumbitem"}]}]