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Law on brake checking someone

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  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ^^ This. I've found that with experience gained over years of driving I've become better at reading the "body language" of cars and their occupants and there's nearly always an early sign of something daft or risky to come. My instructor told me to note the wheel rims of cars waiting to join the road because you're much more likely to notice the wheel start to rotate before you discern the forward movement that goes with it.

    There are as many dashcam and forum vigilantes as there are idiots on the road. If you feel the need to type out a lengthy account of something that annoyed you on the road hours/days earlier and then defend your role in it, you need to look at your attitude behind the wheel because it's almost certainly unnecessarily combative.
  • almillar
    almillar Posts: 8,621 Forumite
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    Let me get this right, according to a lot of people on this thread, it was not OK for the OP to honk their horn at someone who pulled out in front of them, late, and caused them to brake? That it was OK for the other person to brake check them, and shout at them out the window?
    The answer was that OP should simply have 'braked harder' so that they don't end up tailgating. At what point does ending up right behind someone, because they pulled out in front of you, end up not being tailgating?
    Anyway, I can only suggest that OP could have driven more defensively after the first brake test, and backed off more than usual. And publish the vid to their police, as a concerned driver to have a word with the loonie. I can only assume that he is MOTd and insured, too. I'd love to see the vid...
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    almillar wrote: »
    Let me get this right, according to a lot of people on this thread, it was not OK for the OP to honk their horn at someone who pulled out in front of them, late, and caused them to brake? That it was OK for the other person to brake check them, and shout at them out the window?
    The answer was that OP should simply have 'braked harder' so that they don't end up tailgating. At what point does ending up right behind someone, because they pulled out in front of you, end up not being tailgating?
    Anyway, I can only suggest that OP could have driven more defensively after the first brake test, and backed off more than usual. And publish the vid to their police, as a concerned driver to have a word with the loonie. I can only assume that he is MOTd and insured, too. I'd love to see the vid...
    That's not how I read the thread. I don't see anyone condoning the other guy's behaviour. Criticising OP's actions isn't the same as defending the other driver. Mutual !!!!!!!ery is entirely plausible.

    Agreed, we'd all like to see the video. Not sure we will though, because in these circumstances the wronged party's account isn't always an accurate one.
  • The main problem is proving that they did brake check you and weren't doing it for some legitimate reason. Years ago someone who rear-ended me accused me of doing it, but fortunately dashcam footage showed that there was actually an cat looking like it might dart into the road in front of me.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Agreed, we'd all like to see the video. Not sure we will though, because in these circumstances the wronged party's account isn't always an accurate one.

    You see that a lot in these crash/dashcam compilations on Youtube. The dashcam owner gets all uppity when something happens, yet probably half the time it was (at least partially) their fault.
  • Belenus
    Belenus Posts: 2,756 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    The main problem is proving that they did brake check you and weren't doing it for some legitimate reason. Years ago someone who rear-ended me accused me of doing it, but fortunately dashcam footage showed that there was actually an cat looking like it might dart into the road in front of me.
    As a cat lover I'd probably do what I could to avoid hitting one but is the law clear on whether you should brake hard for a small animal?

    These sites have varied comments. Here is just one of many.
    Many road users (and dog lovers) would argue yes. However, if you slam your brakes on to avoid hitting a dog, you may present a danger to other road users.

    The car behind might crash into the back of your car, which could cause injury or damage to either vehicle, and raises issues around who is responsible.

    The driver who performed the emergency stop may be at fault, if they failed to check that it was safe to do so. Equally, the person in the car behind could be to blame for not driving at a safe distance.

    The issue with emergency stops is that the situations when they are required rarely leave you time to consider the options, and people usually act on instinct.

    If you have been involved in a collision caused by emergency stopping to avoid hitting an animal, your case will be considered on its own individual facts.

    The court will look at reasonableness; for example, was the animal large enough to cause damage to the vehicle or injury to its passengers?

    I'm not criticising you as I might have done much the same.
    A man walked into a car showroom.
    He said to the salesman, “My wife would like to talk to you about the Volkswagen Golf in the showroom window.”
    Salesman said, “We haven't got a Volkswagen Golf in the showroom window.”
    The man replied, “You have now mate".
  • alfie1950
    alfie1950 Posts: 166 Forumite
    You don't brake hard for a cat or dog if there's even the slightest chance you might veer off and hit a person or a child.
  • silverwhistle
    silverwhistle Posts: 4,000 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    alfie1950 wrote: »
    You don't brake hard for a cat or dog if there's even the slightest chance you might veer off and hit a person or a child.


    Or lose control. Happened to me once. At 65/70. A dog on the motorway, in the dark, out of the fast lane side. I just made sure I kept the car straight, there was no chance to brake, and a Rover 216 without power steering was not a nimble car!


    Just to say that I'm with Aylesbury Duck in my view of the OP. They're getting far too emotional after the event which begs the question of what their driving was like at the time when full of adrenalin..
  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    Or lose control. Happened to me once. At 65/70. A dog on the motorway, in the dark, out of the fast lane side. I just made sure I kept the car straight, there was no chance to brake, and a Rover 216 without power steering was not a nimble car!


    Just to say that I'm with Aylesbury Duck in my view of the OP. They're getting far too emotional after the event which begs the question of what their driving was like at the time when full of adrenalin..
    Andrenalin nothing. Bad attitude when typing, more than likely bad attitude when driving. Problems of their own making.
  • Kiran
    Kiran Posts: 1,531 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    almillar wrote: »
    Let me get this right, according to a lot of people on this thread, it was not OK for the OP to honk their horn at someone who pulled out in front of them, late, and caused them to brake? That it was OK for the other person to brake check them, and shout at them out the window?
    The answer was that OP should simply have 'braked harder' so that they don't end up tailgating. At what point does ending up right behind someone, because they pulled out in front of you, end up not being tailgating?
    Anyway, I can only suggest that OP could have driven more defensively after the first brake test, and backed off more than usual. And publish the vid to their police, as a concerned driver to have a word with the loonie. I can only assume that he is MOTd and insured, too. I'd love to see the vid...


    I don't think it is criticising in so much as point out that things don't just happen which is why RTA's and now RTI's.


    Analysing your own attitude towards driving is as useful as being critical of others driving styles.
    Some people don't exaggerate........... They just remember big!
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