If someone is riding my ass and I brake check them and they rear end me, am I at fault?

[Darrenisastud]

I was doing 85 in a 75 and some asshat was riding my ass (tail gaiting) me until I got fed up and brake checked him and he swerved to avoid hitting me. Had he hit me, who would have been at fault? What do you usually do in this situation?

[Esplorare]

"Brake checking" is stupid, irresponsible, and foolish. If he has a dash cam, YOU will be penalized as you should be for intentionally causing an accident. There are many people who have dash cams in their cars because of people like you who get on the road and play stupid games like that. Can you imagine how embarrassed and ridiculous you would look once he submitted that proof to your insurance company as well as his meaning that YOU would be responsible for paying the damages? Meaning that YOUR monthly deductible would increase because you caused a car accident. You would have completely been at fault because you got overly sensitive, let your emotions get the best of you, and decided to manipulate a situation to "teach a stranger a lesson". That is completely irresponsible. You should be behaving better at your age. You could have just moved to the side of the road and let him pass instead of escalating the situation to a dramatic, ridiculous level.

[Darrenisastud]

Maybe he shouldn't have been riding just inches away from my bumper either?

[Esplorare]

@Asker Maybe you should respond like a grown man and move to another lane instead of mimicking a preteen girl's vengeful response? Try to think big picture and stop acting like your ego is a priority in that situation. You were going to instigate a car accident over your ego. WTF. You were going to make someone have to pay excessive amounts of money to fix your car when you are the one who's responsible for damaging your car in the first place. That's not cool What the hell is wrong with you and why do you think that's okay?

[Esplorare]

This is why I drive with a dash cam and would eagerly sue your ass by getting my lawyer involved if you tried that ish. I'm willing to bet you could be pressed with criminal charges for attempting to lie. I'd even let you lie out of your ass to the cops before showing them the video. Watch who you play those games with.

[Carebear2025]

I realize this was posted a year ago and I don't really care yesterday I was driving and had some asshole on my ass I slammed on my brakes because of another car being in front of me stopped suddenly and the guy behind me almost hit me he had to swerve out of the way to avoid me and he followed me into where I work most likely because he has a dash cam I don't care if he reports me it's his fault for riding my ass I had to slam on my brakes suddenly don't ride my ass🤷 your dash cam means nothing to me if you drive irresponsibly as well riding a person's ass when their driving can also be extremely dangerous especially if they have to suddenly stop, and guess what I hope he does show a cop because we have cameras outside where I work.

[Anonymous]

It would've been your fault technically. The best thing to do in those situations is to simply keep driving your speed that you're going or even slow down a little--if they don't like driving behind you they can switch lanes or suck it up!

[Anonymous]

For a moment I thought this belonged in the Sexual Behavior section.
These days you can never pay too much attention...

[Anonymous]

It would be both drivers faults and something that the police could cite both of you for... the person in the rear for following too closely and the front vehicle for as you described it as a brake checking would be careless driving. It would be up to the officer if he ticketed both or neither party and let both parties insurances determine the percentage of fault. Most the time in these cases each insurance pays for their customers claims and is counted as an at fault accident for both.

[Opinion Owner]

Thank you for MHO!!! :D

[Darrenisastud]

Thank you for just stating the law and facts and for not being a non-jugmental dickwad like everyone else who blasted me
Yeah I shouldn't have checked the guy, but after I'm human and get angry and not always a 99.9% law abiding citizen even though I try. He's lucky I only brake checked him, safe or not.. there's a lot of psychos out there that would prolly take out a gun and shoot someone for tailgaiting them. I've heard of that happening.

[Darrenisastud]

**Thank you for not being a judgmental dickwad.

[Opinion Owner]

Well just think of it this way too there are a lot of people who would pull a gun and shoot someone for brake checking them... It's not worth your life or getting seriously injured is it? Everyone does stuff when they are younger or throughout their life that aren't proud of or wouldn't do when they are older.

[normalice]

in most states, the driver in the back of a rear end collision is always at fault. Of course, you don't want to tell the police "i hit my breaks because he was tailgating". You always say "I didn't know he was behind me and I thought I saw a squirrel in the road".

now, if you were going 85 in a 75, it might be a good idea to not call in the police, though.

[Darrenisastud]

Haha.. I like that response.

[Anonymous]

People being assholes is no excuse for acting to precipitate an accident. Innocent third parties could be hurt.

[Esplorare]

Very good point. @Asker's selfishness is disgusting and outrageous.

[Anonymous]

"I was doing 85 in a 75" That's against the law my friend. So you slammed on your brakes only to try to get him to hit you? Yeah you'd be a fault. That's the work of a con-artist.

https://cdn.meme.am/instances/500x/56098040.jpg

[Darrenisastud]

Oh don't act like you're a saint and never sped before. Here's a *news flash* for ya, if I was going 85mph and he was just inches away from my bumper, almost close enough that I could count the zits on his face, he was ALSO BREAKING the law. Why was he also speeding? Because lots of people do? There's also a such thing as keeping a "safe" distance behind somebody too (so neither party has a greater chance of getting hit). Were you aware of that?
by the way.. your meme is stupid.

[Opinion Owner]

The meme was supposed to be stupid. You sound mad. You mad?

[Darrenisastud]

Not mad, just amused that there's actually delusional idiots out there, such as yourself, that believe that they are "perfect". You're the type of person that would make the outrageous claim that you've never told a lie before.

[Esplorare]

Agreed. @Asker that's fucked up. You are so wrong for that. Don't risk someone else's safety and property trying to soothe your ego over something as petty as tail gaiting.

[Opinion Owner]

Oh yeah of course. "Amusement". Angry people who have their anger questioned always try to counter by saying they are amused. No I'm not perfect. I've been given parking tickets and speeding ticket. I was just bullshitting with you and you seem mad. Regardless speeding is still breaking the law. I never said I don't break the law lol.

[Esplorare]

@Asker Just because this answerer is not condoning nor applauding your childish, careless behavior does not mean that he believes he is perfect. That is simply you trying to deflect from the fact that YOU ARE WRONG. Period.

@Opinion Owner Anyone who thinks it's amusing to jeopardize a car accident and make someone pay money for something that's not their fault has some serious f*cking issues

[Opinion Owner]

@Esplorare Yeah you're right. It seems he hasn't fully matured.

[Anonymous]

The person that was behind the car is almost always blamed, wether they were at fault or not.

[Esplorare]

Unless they have a dash cam. Then you are in BIG trouble for instigating a car accident.

[Opinion Owner]

@Esplorare yeah that's true

[Anonymous]

I hope you get arrested for being an idiot.

[Esplorare]

I agree completely. Something similar to this happened to my friend, her toddler, and me. Her toddler had peed himself and had diarrhea in the car so she was rushing to get home and clean him up seeing as he was very uncomfortable and crying. The person in front of us wasn't even doing the speed limit. He was inconsiderately taking his time as if there wasn't someone behind him which I find to be very self-centered. I don't think she intended to tailgate; she was just trying to get her kid home to change him. -_- So he stops in the middle of the road and begins to reverse. She sat there with her jaw dropped then I honked on the horn and held it down for a good 5-10 seconds drawing attention to him. He sped off.

So this egotistical, self-centered jerk was going to instigate a car accident to soothe his pathetic ego because some people have places to be and things to do without being inconvenienced by his driving.

[Carebear2025]

@Esplorare if you read the askers post he said he was going 85 in a 75. Second sorry bout your friend but yesterday I had to stop suddenly and had some dumb fuck riding so close to my ass he had to swerve to avoid hitting me I had someone in front of me who turned their blinker on the last second and I had to slam on my brakes because I wasn't expecting the stop this person then proceeded to follow me into my job most likely had a dash cam idc have your dash cam because that stupid fuck would have been responsible. And I'll tell a cop that too. Sorry but tailgating is also very irresponsible and dangerous for others no matter what God forbid that guy behind me didn't have a place to swerve he would have hit me, and I'm also pregnant. Not cool dude. I was also going five over the speed limit which is legal. This guy behind me wanted to fly through town. This poster may not have been safe but tailgating still isn't safe. And both parties would have been at fault here. Dash cam or not because even with a dash cam it makes the other driver look irresponsible for following to closely 👍