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Its tough to see in the video but it does not look to me like much of a brake check. If you watch the vehicle in the left lane when the brake lights go on the one in the right is not making much ground up on them. To me it looked more like the left lane put on the brakes and the one behind was not paying attention and locked it up in a panic caught the soft shoulder and lost control.
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In SA the tailgater is 100% to blame regardless of what the front car did. The law (& logic) says you need a safe following distance. No gap to swerve or stop means the tailgater caused their own problems.
We get tons if it here, and lots of bad accidents as a result! |
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Yes, it looks a bit of a tricky situation. I'd probably either change to the right lane in front of the semi giving space in front of me to the merging vehicle. There is still quite a lot of space there. Or, most likely, I'd just accelerate for a while to quickly pass the merging SUV and the silver minivan, and then change to ther right lane. Both solutions seems to be much better (at least in hindsight ;-) ) than what she actually did. |
In Georgia, there is a "move out of the left lane" law, so both drivers could be cited. In addition, true brake-checking including sudden deceleration could be considered reckless driving, just sitting your foot on your brakes lightly enough for the lights to come on would not be (I would think), although I don't know how an officer could tell the difference unless there are skid marks.
I'm guessing it would be pretty easy to come up with a reason to ticket both, rabid speeding highway squirrels or not. |
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Brake checking is definitely something I'd never try in an 86 given that our rear ends crumple like paper if we get hit. I have slowed or showed my brakes to people who aggressively tail me, but never stomped the pedal.
Not rooting for the person who slammed the brakes, but really hope the lady that got wrecked feels embarrassed that over a million people have seen her bad driving. |
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Depending on the state, the requirement to move from the left lane for faster traffic may or may be not dependent on whether you (or they) exceed the speed limit. Compare, for example, Maryland: On every roadway, except while overtaking and passing another vehicle going in the same direction or when preparing for a lawful left turn, any vehicle going 10 miles an hour or more below the applicable maximum speed limit or, if any existing conditions reasonably require a speed below that of the applicable maximum, at less than the normal speed of traffic under these conditions, shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. v. Virginia: Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section; Which means that you should not drive a slow as 60 in the left lane of the Capital Beltway in VA, even though the speed limit is 55. Because the normal speed there is 65-74. It's one of few sensible speed-related laws in VA. Not that it is obeyed too often... |
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I do alot of freeway driving. Wisco doesn't have a the "Slower traffic keep right/left lane is for passing only" Law. Which is stupid considering over last summer they upped the speed limit to 70 on the major freeways. There are alot of ppl that don't want to/cant handle driving 70 that constantly sit in the left lane. Also when one truck try's to pass another its like watching paint dry. :mad0259:
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Oh no, I wouldn't even try. But I think that technically someone driving 55 in 55 in the left lane while everyone is going 70 should get a ticket too. Of course in reality they won't*, but this law gives me the feeling of righteousness and moral superiority when I come upon someone doing just the speed limit in the left lane ;-). *Same as they won't get reckless driving conviction when they turn or change lanes without turn signal, though technically they should. |
I watched the video a few times and it seems like there was more going on than just the brake checking for the driver. They seemed to be passing a semi and coming up to a merge area at the same time the tailgating person ran up the back of the driver in the left lane. To me the driver in front didn't want to cut off the Semi and at the same time they wanted to give the merging driver room to get in. If they pulled over, besides cutting off the Semi, who know's how slow the merging car would be going. They'd be sandwiched between the semi in back and possible slow car in front. Not a good position to be in. Having said that they could have just stayed in the left lane and sped up enough to get past everyone then pulled over into the right lane. That's what I would have done. However, not knowing the actual speeds it's hard to say if they were truly in the wrong. I can say for sure that the tailgater was though. They were way too close and I bet, like someone mentioned, distracted till the last second when they got brake checked. Tailgating is a huge pet peeve of mine, for some reason it seems to happen a lot to me when I'm in a small car, my Miata or the BRZ. Mostly on a single lane where I'm leaving room in front and the car behind is up my trunk. I live in the land of huge PU trucks and I know I can stop a lot faster when needed than they can. Most of the time I will tap my brake but not slow down to say please move back and give me room. If I'm on the highway I only pass in the passing lane end of story, I also don't like passing on the right. Too risky. I've got a third brake light pulse on my Miata, I've been thinking how to add one to the BRZ.
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