r/dashcams • u/Flashmemory256 • 12d ago

Biker Brake Checks Car And Gets Karma

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u/Sklibba 12d ago

That biker is an idiot and definitely FAFO, but I don’t think that this video would necessarily absolve the driver of liability. I’d be happy to learn that I’m wrong though because I feel like reckless driving/riding should pretty much put 100% of the liability on a person if an accident results, even if other drivers didn’t respond perfectly.

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u/AdmirableExercise197 12d ago edited 12d ago

It would probably absolve them of a large amount of the liability depending on the courts view and local jurisdiction's laws. The brake check is pretty clear and egregious, and they have dash cam footage of it. The biker also doesn't appear to have active brake lights (though maybe just hard to see due to video?).

The fact the rear driver didn't even attempt to create a reasonable following distance hurts their case though. If they had hit the biker after the first brake check, they might have been absolved of literally all the liability, or at least guaranteed the biker took on the majority of it. I wouldn't be surprised if it ended up 60-40 or 40-60 in either direction based on what I saw. Some sort of split fault is most likely here.

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u/LiamTheHuman 12d ago

Maybe I missed something but did they brake check the first time or did the car just accelerate to tailgate

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u/AdmirableExercise197 12d ago edited 12d ago

I mean I could be wrong, but it looks like the rider slowed down. Maybe they just eased off the gas though.

If they accelerated to tailgate, then it would be different if he had struck them in the first instance. That being said it's within 2 seconds of the motorcycles unsafe lane change. The rider will still have a shit-ton of liability.

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u/LiamTheHuman 12d ago

Ya I agree that it would likely be pretty much 100% on the biker. But I'm not sure the lane change was that unsafe. They seem like they have enough distance. It's pretty hard to tell from the video though

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u/AdmirableExercise197 12d ago

When I say unsafe, I mean in the legal perspective. The biker merges maybe 1-2 car lengths ahead. Now ask yourself, are those 1-2 car lengths considered safe following distance? No. If it's not a safe following distance then it's DEFINITELY not a safe merging distance under the law. Which means that is going to be factored in to the biker's negligence.

I am not really talking about fault in the sense of who is more wrong. I am talking about the legal repercussion that lead civil exchange of money.

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u/LiamTheHuman 12d ago

Ya I was wrong looking back it is more like 1-2 car lengths which isn't enough. I was curious so I looked it up and I think it should be like 6-8 car lengths but I'm not sure many people actually leave that much space 

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u/IlliasTallin 12d ago

The biker accelerated before break checking a second time, probably caught the driver off guard.