Everything You Need to Know about New Mexico’s Brake Checking Laws

by | Apr 12, 2024 | Car Accidents | 0 comments

If you have driven on the roads of New Mexico, you have probably encountered road rage from other drivers or felt the anger yourself. One common example of road rage is brake checking, which occurs when a driver suddenly slams on the brakes in order to force the driver directly behind them to slam on their brakes as well. Most drivers brake check another driver who is following too closely behind them, but some people may brake check because they think it is funny or they simply want to make a point.

Brake checking is a type of reckless driving, and there are legal ramifications when a person commits such acts on the road. If you have suffered due to another driver’s brake checking, you need an experienced personal injury attorney who can help you try to recover damages from the other driver. At Dominguez Law, our compassionate and aggressive team of New Mexico personal injury lawyers wants to help you as you pursue rightful compensation from the responsible party.

What Are the Legal Ramifications of Brake Checking in New Mexico?

Brake checking is illegal in New Mexico, as it often falls under the category of reckless driving. Brake checking involves a driver slamming on the brakes in order to obstruct or harass the driver behind them, thus putting the rear driver in danger. If a person is convicted of reckless driving, they face up to 90 days of imprisonment, a fine of up to $100, or both. Also, people guilty of reckless driving can have their licenses revoked for up to three months.

Most people assume that the rear driver is always at fault in a rear-end collision; however, that is not the case. New Mexico follows pure comparative negligence, and this means that each driver can pursue damages as long as each driver shares any amount of fault. As a result, a driver who brake checks you and causes an accident can be sued for compensation. If you have suffered damages because someone brake checked you, you need an experienced and skilled legal team to represent you.

What Should You Do if You Encounter Brake Checking on the Road?

If you ever experience another driver brake checking you, you should do everything you can to remain safe and calm. You can only control yourself, and there are certain steps that will help protect you in the event of brake checking. As you drive on the road, you can take the following steps to be prepared and protect yourself from reckless drivers:

  • Slow Down: When the driver in front of you shows signs of brake checking, you should slow down and let them move further away from you. Slowing down will decrease the chances of a collision.
  • Use a Dash Cam: Brake checking can be incredibly difficult to prove in court, but dash cam footage could be valuable in your case against the reckless driver.
  • Inform Law Enforcement: You should always notify law enforcement of reckless drivers. Even if you have not experienced an accident due to brake checking, you should inform the police of a reckless driver who may cause an accident with someone else.

Unfortunately, road rage is common in New Mexico, and brake checking often leads to accidents. You should not hesitate to contact a personal injury attorney if you have a brake checking case, as you deserve to be compensated for your damages.

Discuss Your Brake Checking Case With an Experienced Dominguez Law Attorney During Your Free Consultation 

Brake checking is a serious issue on the roads of New Mexico, and reckless drivers put so many lives in danger. Brake checkers who cause accidents can face both criminal and civil liability for their conduct. Dominguez Law wants to help victims of brake checking hold reckless drivers accountable for their actions.

Contact Dominguez Law to schedule your free consultation to discuss your case. You can fill out our contact form or call (505) 850-5854 to speak with our team today. We also speak Spanish.