Brake check crash
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Austin Prefect

Original Poster:

2,225 posts

18 months

Saturday
quotequote all
https://www.msn.com/en-gb/cars/news/grandmother-ja...

This seems rather harsh. A driver of a Vauxhall apparently decided the BMW behind her was too close and decided to slam her brakes on. It turns out the BMW really was too close and it ran into her, a Harley Davidson behind the BMW was also apparently too close and hit the BMW, killing the rider.

The driver of the Vauxhall has been sent to jail, even though it was the actions of the other driver and rider that turned bad driving into a fatality. Obviously brake checking is a stupid thing to do from a self preservation point of view. But surely the drivers behind have some responsibility to leave enough room to stop?
If I ran into the back of another vehicle I would fully accept it was my fault, now it seems that if someone runs into the back of me then it's also my fault. They've got us both ways.

Flyingakite

133 posts

1 month

Saturday
quotequote all
In liability for civil claims yes. This is where people get confused but criminal case her actions directly led to death of someone and that's the criminal law.

I admit I've brake checked a few times just when you are in a type of thought process especially those people ,usually German premium brands who are used to dominating the roads.



Billy_Rosewood

3,459 posts

190 months

Saturday
quotequote all
Brake checker deserved the prison sentence. End of.

m3jappa

6,904 posts

244 months

Saturday
quotequote all
The sentence seems harsh vs other sentences for other 'crimes'

But at the same time these people brake checking are dicing with something like this happening, people get themselves in serious anger because 'they are doing the speed limit'

Sometimes its best to just let them past.......would have avoided this.

Alex Z

2,007 posts

102 months

Saturday
quotequote all
Brake checking someone is a deliberate dangerous act.

The consequences may have been unforeseen but were an obvious and direct consequence of her actions. Looks like the right decision to me.

butchstewie

65,255 posts

236 months

Saturday
quotequote all
Austin Prefect said:
This seems rather harsh.
Not really IMO.

the Judge said:
One of the witnesses said it looked like your car was going backwards or doing an emergency stop, such was the effect of you braking so severely
That isn't simply tapping the brakes.

TwigtheWonderkid

48,426 posts

176 months

Saturday
quotequote all
Alex Z said:
Brake checking someone is a deliberate dangerous act.
If I want to check my brakes work, I can slam them on in perfect safety. It only becomes a dangerous act when the dangerous behaviour of other people turn it into a dangerous act.

The slamming on of the brakes was not the proximate cause of this accident. The other people travelling too close / too fast / too close and fast, was.

Mike Legerwood

14 posts

1 month

Saturday
quotequote all
Similar story discussed on this thread

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Blue62

10,403 posts

178 months

Saturday
quotequote all
TwigtheWonderkid said:
If I want to check my brakes work, I can slam them on in perfect safety. It only becomes a dangerous act when the dangerous behaviour of other people turn it into a dangerous act.

The slamming on of the brakes was not the proximate cause of this accident. The other people travelling too close / too fast / too close and fast, was.
I’d suggest slamming on your brakes, unless in an emergency, is a dangerous and stupid thing to do. I always assume that other drivers aren’t paying attention and that their reaction times will be slow, hitting the brakes hard for no apparent reason is likely to cause an accident regardless of how close the vehicle behind is travelling.


Arrivalist

2,796 posts

25 months

Saturday
quotequote all
TwigtheWonderkid said:
Alex Z said:
Brake checking someone is a deliberate dangerous act.
If I want to check my brakes work, I can slam them on in perfect safety. It only becomes a dangerous act when the dangerous behaviour of other people turn it into a dangerous act.

The slamming on of the brakes was not the proximate cause of this accident. The other people travelling too close / too fast / too close and fast, was.
Not really. If you are aware that people are behind you and you still decide to do the brake test then it’s you who are committing the dangerous act.

John D.

20,576 posts

235 months

Saturday
quotequote all
Austin Prefect said:
https://www.msn.com/en-gb/cars/news/grandmother-ja...

This seems rather harsh. A driver of a Vauxhall apparently decided the BMW behind her was too close and decided to slam her brakes on. It turns out the BMW really was too close and it ran into her, a Harley Davidson behind the BMW was also apparently too close and hit the BMW, killing the rider.

The driver of the Vauxhall has been sent to jail, even though it was the actions of the other driver and rider that turned bad driving into a fatality. Obviously brake checking is a stupid thing to do from a self preservation point of view. But surely the drivers behind have some responsibility to leave enough room to stop?
If I ran into the back of another vehicle I would fully accept it was my fault, now it seems that if someone runs into the back of me then it's also my fault. They've got us both ways.
You observe another car following close behind you with insufficient braking space. How is slamming on the brakes not creating a knowingly dangerous situation? Even if you think you are 'in the right' it's completely idiotic.


Blackpuddin

19,242 posts

231 months

Saturday
quotequote all
TwigtheWonderkid said:
If I want to check my brakes work
IANAL but I would have thought you would need to show why you felt that need if you were up before the beak.

CoolHands

22,738 posts

221 months

Saturday
quotequote all
TwigtheWonderkid said:
If I want to check my brakes work, I can slam them on in perfect safety. It only becomes a dangerous act when the dangerous behaviour of other people turn it into a dangerous act.

The slamming on of the brakes was not the proximate cause of this accident. The other people travelling too close / too fast / too close and fast, was.
With logic like that jester I might start taking the tube.

normalbloke

8,659 posts

245 months

Saturday
quotequote all
Brake checking, and anyone who chooses to try to defend it, are some of the lowest. If you can’t see why, please do the world a favour and stay off the roads. Be the better driver.

Inlineonline

1,053 posts

3 months

Saturday
quotequote all
It’s like saying ‘I wanted to check if the gun I was holding was actually loaded or not, it’s the fault of the person standing in front of me that they got shot in the face’

Ian Geary

5,464 posts

218 months

Saturday
quotequote all
Two stupid people meet, and 2 wrongs don't make a right.

The biker should also have been further back (as a Biker myself, whilst it technically has good brakes, i know it is far harder to emergency stop a motorcycle than a car)


I have suffered outrageous tail gating before from nobs who can't see there's traffic ahead and think their "specialness" deserves them to just be in front of anyone they choose.

But I tend to ither cover my brake rather than actually apply it, or just continue with my own acceptable braking distance.

Its hard to out-stupid stupid, and ends badly as this driver found out (and the Biker sadly)

Austin Prefect

Original Poster:

2,225 posts

18 months

Saturday
quotequote all
Inlineonline said:
It s like saying I wanted to check if the gun I was holding was actually loaded or not, it s the fault of the person standing in front of me that they got shot in the face
It's more like saying. 'I chose to stand in front of someone with a gun on the basis that it's their responsibility to ensure it's unloaded and not to pull the trigger'. Stupid, but so was the other guy.

Austin Prefect

Original Poster:

2,225 posts

18 months

Saturday
quotequote all
normalbloke said:
Brake checking, and anyone who chooses to try to defend it, are some of the lowest. If you can t see why, please do the world a favour and stay off the roads. Be the better driver.
No, the lowest are those who tailgate.

Sausage dog and mustard

19 posts

8 months

Saturday
quotequote all
She deliberately slammed on the brakes and caused the accident.
She took a hazard (car behind her, too close), and turned it into an accident.
She is 100% culpable.

She could have covered the brakes, or gently slowed, so as to avoid the hazard turning into an accident.

She chose not to, and someone died as a result

Austin Prefect

Original Poster:

2,225 posts

18 months

Saturday
quotequote all
Sausage dog and mustard said:
She deliberately slammed on the brakes and caused the accident.
She took a hazard (car behind her, too close), and turned it into an accident.
She is 100% culpable.

She could have covered the brakes, or gently slowed, so as to avoid the hazard turning into an accident.

She chose not to, and someone died as a result
Not 100%. The drivers behind had a responsibility to leave a safe stopping distance. If either of them had nobody would have died.
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