Friend Brake Checked A Car and Was Rear Ended - Who is at Fault?

Hi All
I've always laughed when I have seen these posted but first time knowing someone that's been involved in one.
A colleague at work brake checked a van in peak hour traffic and ended up being rear ended.
I've reviewed the front and rear dash footage and I would think my colleague is at fault.

UPDATE: Play by play below

There were 3 lanes of traffic.
Van was in right lane, friend in the middle.
Broken down car was up ahead in the right lane ahead of the van.
Van tried to get into middle lane and almost pushed friend into path of truck in the left lane.
Friend didn't allow Van in and passed van whilst staying in middle line.
Friend proceeded to brake check the van several times before being rear ended.

Curious to know your thoughts?

Poll Options

  • 385
    Colleague is at fault
  • 250
    Van that caused the rear end should be more careful
  • 65
    Just here with my popcorn waiting for the next episode
  • 58
    Need a link to footage or it didn't happen
  • 9
    Just leave it to insurance
  • 2
    Do they have insurance

Comments

  •  

    Can someone please eli5 what brake checking is?

    • +1 vote

      Stabbing the brake when someone is tailgating you in an attempt to get them off your behind

      •  

        Translation.

        Stabbing the break when someone is tailgating you daring them to rear-end you.

  • +4 votes

    This is what happens when dumb and dumber meet on Australia roads.
    - Dumb - Van driver forcing to change lane
    - Dumb - Car driver not showing courtesy to allow van to change lane due to a break down
    - Dumber - Car driver being a prick to break check the van several times
    - Dumbest - Van driver still went for it causing an accident

  •  

    Friend proceeded to brake check the van several times before being rear ended.

    Why?

    • +1 vote

      Because the van driver was driving dangerously so the car driver wants him to know by driving dangerously too. /Facepalm

    • +1 vote

      people get scared when you tickle them on the bum

  •  

    So… were the brakes good?

  • +1 vote

    I hate it when this happens. When there's a breakdown, we should be letting people in, not blocking people off, generally, because the sooner everyone can get around the incident, the sooner we can all get on with our day. Sounds like your mate has an ego problem and couldn't let it go.

    Probably need to get the cops involved in order to determine if the van driver can get him for neg driving. Just hope that the van doesn't have a dashcam.

  •  

    Mspaint will beyond doubt prove who is at fault

  •  

    Hopefully the police review the footage and your friend gets charged with "careless driving" and loses his licence and cops a massive fine.

    Van might still be at fault but it would be two separate legal cases.

  •  

    Submit footage to police and hopefully they will both lose their licence. Neither of them should be driving as they are unable to do so responsibly.

  •  

    No matter what, the guy who hit the car in front is wrong AMG hence his insurance shud pay for front car. Tailgating is very common especially working vehicles like tradies. Even on freeway they are tailgating 1-2 feet behind!

    • +1 vote

      If it can be proven that the car in front was behaving recklessly/dangerously (i.e. via dashcam footage) then the car in front can also be liable.

  •  

    to be honest, I wish I have some colleagues who diligently do the homework for you on OBZ all the time.

  •  

    Your friend deserved it. He got what was coming.

    •  

      Including a vehicle that has had accident damage repaired so it will never quite be the same

  • +1 vote

    Couldn't your friend find a better place to brake check. Technically its the tailgaters fault but we know your friend caused this accident.

  •  

    Needs another option for both at fault.

    Your friend for being a road raging prick and the van driver for not being courteous when lane changing.

  •  

    I hope your friend got charged for reckless driving. But please do update the results (maybe on a new post) so we know where the law is at.

  • +3 votes

    In normal circumstances the fault lies in the vehicle to the rear… however…
    I would say "testing brakes" on a public street with cars about, equates to erratic driving.
    Who in their right mind would slam on the brakes? So you should not expect the Van driver to have anticipated this.
    Now confessing to "brake testing" I allege your mate caused the accident.

  •  

    Can you provide an MS paint diagram?

  •  

    Haven't read all the discussions but I'd leave it to insurance to sort out (after all, thats why you have it). Based on the information provided here the driver in the read should be pinged for not maintaining safe distance in front and the driver in front (if proven) should be pinged for reckless driving.

    I've been driving over 20years and I've never felt the need to "Brake Check" (aka be a douche) and especially not near other cars, if I'd ever want to test brakes (say if after driving through a puddle) I'd try to be conscious of my surroundings and try to do it when other cars aren't near by. Do us all a favour and give your friend an uppercut next time you see him.

  •  

    I have experienced few times when some ass holes try to break check in front of me and everyime they do that I show them the middle finger pointing the dash cam at the same time.

    •  

      Maybe you drive too close.

      •  

        LoL I only wish that is the case.

  • +1 vote

    This post got me waiting for a new Speed movie. What happens when there's a bomb on the bus and some road justice warrior is brake checking you..

  • -1 vote

    quick reply without reading the TLDR …

    car that hit from behind is typically at fault legally - but car in front is now damaged too

    'friend' who didn't let van in, then brake checked several times - what does that mean ?

    sounds like this might have provoked van man to 'accidentally' punch your friend's car

    guessing van man didn't own the van and can blame the bad driver in front to his boss … (sad look)

    while sniggering to hisslef - I showed that a/hole - who wouldn't let me in then brake checked me several times - tee hee !

  •  

    Sounds to me like OPs friend was engaging in a bit of aggresive ROAD RAGE
    Not allowing van to enter his lane and forceably preventing him from doing so
    This followed by a series of sudden brakes so as to encourage an accident

    ROAD RAGE ROAD RAGE ROAD RAGE ROAD RAGE ROAD RAGE

    •  

      Ru okay?

  •  

    Brake checking is dangerous. What do the traffic regulations say about this reckless behaviour?

    •  

      It’s illegal in F1 and I’m sure it’s illegal on the road too

      •  

        I guess it all comes down to proving you're not at fault.

    •  

      Its illegal when its used as an excuse for ROAD RAGE

  • +1 vote

    Your colleague is a tw4t, hopefully poetic justice prevails and the other driver has witnesses…

    •  

      twat
      ^FTFY

      Awaiting link to dash cam from van.

      •  

        Cheers mate, bit of a typo there in my original ;)

  •  

    Rear ender always at fault.

    Colleague is a dangerous driver.

  •  

    Your colleague is lucky the van was not full of rough guys and beat the crap out of him or worse.

    •  

      Awwww… but a man can dream!

      •  

        Like it rough eh.

  •  

    If the car ran up the back of him then the car behind is generally at fault. This is why you're supposed to leave 3 seconds between you and the car in front - so you can avoid hitting them even if they slam the brakes on.

    Your friend was being a (profanity), but the guy who ran up his backside is in the wrong legally.

  •  

    https://www.ginos.com.au/are-you-at-fault-if-someone-in-fron...

    "In short, the rear driver is almost always at fault and will be found liable for damages.

    The reason being that it’s your responsibility to leave a safe distance between yourself and the vehicle in front of you. Even if the driver in front of you slams on their brakes it’s expected that you’ve given yourself enough room to slow your car no matter what speed you are traveling at."

    •  

      I agree: "In short, the rear driver is almost always [found to be] at fault and will be found liable for damages."

      How would the car in the rear prove that the brake checker was driving dangerously? Your insurance compels you to not blab your mouth and say you were driving dangerously to the other driver. After time goes by and the insurance companies ask for the forms to be filled in, you say you stepped on the brakes a few times and then you got rear ended. If they asked for clarification, you say something general, such as you were trying to be careful.

      To prove that someone who said they braked to be careful was avoiding stating certain incriminating facts (the other driver is not compelled to testify against himself, nor let anyone else have their dashcam footage unless there's a warrant). You would need clear video footage of your own including the space in front of that driver that showed there was nothing around, i.e. if there was heavy traffic or broken down vehicles on the side of the road you are supposed to be braking. But if your car is behind, how will you see what's in front? He already braked a few times so that could be some evidence that there was some legit reason to brake.

  • +1 vote

    I believe the law states that any vehicle that rear ends another is at fault.
    No exceptions

  •  

    I believe rear ending someone will always be found 100% at fault, but your friend is an $%^@!#$. He deserved to have the guy in the van get out a baseball bat and tap on his window.

  • +1 vote

    It's always the car behind. You must drive to the conditions and leave enough room to stop.

    The argument would be something like "what if a 3 year old ran out on front of the vehicle?".

    Brake checking is an idiotic move but it doesn't change the fact that the van should have backed off and left room.

  • -1 vote

    Brake checking automatically makes him at fault.

    • +1 vote

      The insurers won't see it that way. Safe distance behind and you don't hit them regardless of whether they brake check or not.

    •  

      Said no one ever.

  • +1 vote

    Can’t stand people who brake check. So dangerous and stupid. Your friend deserves all the bad karma that they can get.

  •  

    Choose some better friends. What a d**k.

  •  

    I especially hate people that break check under the speed limit and gladly let them know how big of a tosser they are.

  •  

    Is this a Focus ST?

  •  

    When you break check a car and got rear ended, there's no winner there. Waste of time for all parties involved. That's why I don't break check.

  •  

    I’ll keep this short. The guy behind is at fault. Your friend is a (profanity).

    •  

      I think you will find they are both profanities, but the person behind is at fault because they were tailgating and gave themselves no room to stop.

  •  

    I'm confused, is he your friend or colleague?

  •  

    Car behind is always at fault.

    If you aren't too close, you will have room to stop if the person in front brakes.

  •  

    These guys got charged for brake checking but a quick Google hasn’t revealed the outcome:

    https://www.abc.net.au/news/2015-01-19/drivers-frustration-l...

  •  

    so right lane and middle lane were closed due to your friend being a f****d wit?

  •  

    it all comes down to how each driver presents the events leading up to the accident. unless someone provides evidence that the friends car was break checking and driving dangerously then the fault lies to the van where he was driving to close to the friends car.

    friend could easily say there was car in front of him that applied the brakes really hard thus causing him to do the same and the van behind him was driving too close and rear ended him. friends car stopped in time and car in front of friend had already driven off after the accident occurred.

    i have been in a similar scenario and both cars belonged to the same insurance company so the insurer deemed both at fault and took the excess off both drivers to repair cars.

  •  

    It's no surprise to me you live in Sydney. Sydneysiders are such idiots on the road it's actually stupid.

  •  

    nvm - old post.

  •  

    People like your friend one day will play their game to the wrong person and pay the consequences.

    •  

      They are no longer employed…
      I think that is consequentially part of a larger attitude issue related to this situation

      •  

        Not sure what you mean. You never know who's driving behind your car, that is what I meant. You find the wrong person and then you need to deal with them

  •  

    Whatever it is rear van should not be too close to car ahead. Depending on speed, 2 second rule should apply or use your judgement or at least a few car length apart. Having said that I find tradies tailgating at Eastern freeway in Vic!

    •  

      3 seconds in NSW