By brake checking a tailgater, the law may consider it an act of assault as you are attempting to threaten someone with the fear of a car accident which implies injury.
An ambulance chaser on a wordpress site that not once mentions the law that is very clear. You must maintain a safe distance. I.e. it is the following car's responsibility.
Dude. The law is very clear. Please don't use that dude as a reference. You have the right to brake at any time and come to a complete stop if you wish.
Dude. The law is very clear. Please don't use that dude as a reference. You have the right to brake at any time and come to a complete stop if you wish. Yes you can be sited for failure to cede to traffic. But you will never evar be charged with causing an accident.
Edit: To be very clear. If you are in a lane and wish to move to another lane you are not required to speed up to get to the other lane. It is well within your rights to slow down and move behind the car in the opposing lane as long as you do not cut off anyone in the other lane.
I did not read the entire thread, but has anyone mentioned that the tailgater was on the guys ass even as he passed the truck (IE lawfully supposed to be in the PASSING LANE). For all we know there could be a huge line of traffic behind the truck and the guy passing was going what he felt was a correct speed. The tailgater wanted to go faster... sorry that he had to wait another 10 seconds.
I have 0 sympathy for the tailgater. I do not brake check, and when I am passing vehicles, *I* alone will determine what I feel is a safe passing speed. Not some asshat behind me.
Wow, no you don't.
Please stay off the roads.
^^^^ wtf. This dude schmide is not a lawyer. I've been caught up in this shit and been to court over it. I have a lawyer, and I'm pretty well versed on what you can and can't do in Illinois when it comes to passing, etc.
Dude. The law is very clear. Please don't use that dude as a reference. You have the right to brake at any time and come to a complete stop if you wish. Yes you can be sited for failure to cede to traffic. But you will never evar be charged with causing an accident.
This is just as effective (and funny).Cops need to enforce the law that cars are not allowed to be in the left lane unless passing a lot more strictly. Smooth flow of traffic is what keeps the road safe.
If I was driving up to Seattle and just decided to come to a complete stop in the middle of I5 with no other cars around and someone came around a bend and ran into me it wouldn't be my fault? Great to know.
Regardless of all the made up laws in this thread. There is no brake check law. You can't prove that someone brake checked someone, even on video, unless they change lanes and slam on the brakes. The latter would constitute a charge of illegal lane change.
You have the right to be frightened by traffic, bugs, sun, cramps, erections, no apparent reason, etc; and the proper course of action is to slow your car in a straight line then pull over. For all anyone knows the person checked their mirror, was frightened by a car being so close, suddenly feared a collision, and then hit their breaks to avoid being pitted at a fast speed.
If you are so versed. Please show me at least one case where the rear car was not at fault and the leading car was charged. You will not be able to because the law is very clear.
I do not drive like I am arguing. I do know that it is the law and regardless of any personal feelings on the internet.
There is a reason 99.9% of rear end accidents are the following cars fault.
Schmide said:You have the right to brake at any time and come to a complete stop if you wish.
Drako said:Wow, no you don't.
Please stay off the roads.
I'm certainly not making excuses for the tail-gater, and I'm ok with waiting for someone in the left lane to make a pass as long as they're actually trying to make a pass. You have to make the pass, and gtf out of the lane immediately. Illinois law in particular says if you can't make a pass and get out of the lane immediately, don't make the pass in the first place. If you attempt to make a pass, but realize you'll have to speed up 10mph more to actually make it within 1/4 mile, you already broke the law by making an unsafe pass.
No, you could get charged for a number of other traffic violations.
http://www.realpolice.net/forums/ask-cop-112/53904-brake-check.html
Yesterday I was in the left lane at about 5 mph over the speed limit passing slower traffic, when a car came speeding up behind me and sat on my bumper. I got over to let him pass as soon as I could and gave him a polite wave.
I am always happy to let someone going faster than me get by, since they will get ticketed by any cops up ahead looking for speeders before I will.
Reading comprehension fail on your part.
You stated:
I stated:
Nowhere did I state that tailgating is legal, or a good idea.
You stating that "You have the right to brake at any time and come to a complete stop if you wish." is one of the most ridiculous claims that I've read on this site, and that's saying something.
My dad drove trucks for years and he said truckers call them rabbits. He was always happy to see them go by because they'd clear out all the cops.
People should be glad to let speeders fly by. I just don't understand what impeding them does. Wouldn't you want them to get a ticket?
I did not read the entire thread, but has anyone mentioned that the tailgater was on the guys ass even as he passed the truck (IE lawfully supposed to be in the PASSING LANE). For all we know there could be a huge line of traffic behind the truck and the guy passing was going what he felt was a correct speed. The tailgater wanted to go faster... sorry that he had to wait another 10 seconds.
I have 0 sympathy for the tailgater. I do not brake check, and when I am passing vehicles, *I* alone will determine what I feel is a safe passing speed. Not some asshat behind me.
I have a lawyer
you'll have to speed up 10mph more to actually make it within 1/4 mile, you already broke the law by making an unsafe pass.
ok enough, post the IL state statute that says this or STFU.
Again, I don't think you legally have to move over if you're actively passing traffic and going above the speed limit in a single state. Can someone find where it explicitly states otherwise?