If someone is tailgating you, you may be tempted to “brake check” them. This means quickly hitting the brakes without slowing down in advance. Many drivers believe that this will make the tailgater realize they are driving dangerously and back off.
However, this is never something you should do. If you intentionally slam on the brakes for no other reason, you may actually be liable for the collision. You could be considered negligent or even reckless for intentionally causing an accident. Even though the other driver was following too closely, you may still be held responsible.
So what should you do?
Instead of trying to get the tailgater to back off, focus on getting them to pass. If you want to slow down, do it gradually. For example, if you are driving at 60 mph and someone is tailgating you, reducing your speed to 50 mph may encourage them to pass when there is an opening.
If slowing down is not enough, consider other tactics to let them go around. You could change lanes on the interstate or pull into a parking lot on a city street. On some rural roads, you may want to move onto the shoulder of the road if doing so is necessary and legal.
In most cases, the tailgater is just impatient and wants to drive faster. Letting them pass allows them to do so without increasing the risk of an accident.
Unfortunately, tailgaters are common, and many of them cause serious accidents. If you suffer injuries, be sure you know how to seek financial compensation.