If you rear-end someone who brake checks you, it can be incredibly challenging to determine who is liable, not to mention frustrating. On the surface, it may seem like the fault lies solely with the person who rear-ended a vehicle. However, determining liability in such cases involves considering various factors. Was the brake check intentional or accidental? Were there any contributing factors, such as excessive speed or distracted driving? These potential details make it imperative to seek legal advice if you find yourself in a similar situation. Contact a skilled car accident attorney near you to ensure your rights are protected and understand the potential outcomes of your case. Have you been injured in a brake check crash? If so, our experienced and dedicated Las Vegas vehicle collision lawyers at High Stakes Injury Law are ready to help. Call today for a free consultation and learn more about legal options that may apply in your situation.
Understanding Brake Checking and Rear-End Collisions
To better understand the legal aspects, let's first define brake checking and rear-end collisions. Brake checking occurs when a driver suddenly slows down or stops their vehicle, usually without a valid reason, to provoke the driver behind them. Rear-end collisions, on the other hand, happen when the driver in the rear fails to stop in time and hits the vehicle ahead. Unfortunately, the reality of who is at fault in these types of accidents is not always so straightforward. To determine liability, insurance companies will examine factors such as the intent behind the brake check and any contributing actions or negligence by both drivers. If you were the rear driver, it's imperative to have legal representation as you pursue compensation for your injuries. Insurance companies will take every opportunity to pin the blame on someone other than their insured, and in brake checking and rear-end cases, this task can become even easier for them.
Why Do Motorists Risk a Crash By Brake Checking Other Vehicles?
Road rage is often a key factor behind brake checking incidents. Some drivers have a lower tolerance for frustration and may resort to this dangerous behavior if they feel provoked or inconvenienced. Here are several reasons why a driver might brake check you:- Tailgating: They believe you are following too closely.
- Cutting Off: You merged into their lane without warning.
- Failure to Signal: You did not signal before changing lanes.
- Intentional Intimidation: They want to scare or annoy you to get you to move aside.
- Insurance Fraud: They may be trying to cause an accident to claim insurance money.
Are Brake Checks Legal?
In most states, there are no specific laws that say brake checking is illegal. However, the act of doing a brake check can be classified as aggressive driving behavior, which is illegal in every state. In reality, motorists who engage in this behavior risk causing injuries and damages to others, for which they can be held liable. In addition, motorists who break the law in this way can be ticketed or face other legal penalties.Who's at Fault in a Brake Checking Accident?
In most rear-end collisions, the driver who rear-ends the vehicle in front is usually held responsible for the accident. This is based on the general rule that drivers must maintain a safe following distance, typically one car length per 10 mph of speed. However, there are exceptions where the leading driver can be at fault.When the Leading Driver is at Fault
A leading driver may be responsible for a rear-end collision in situations such as:- Deliberate Brake Checking: When the driver intentionally slams on the brakes to warn or threaten the driver behind them.
- Unnecessary Braking: When the driver suddenly brakes without any valid reason, causing the following vehicle to crash into them.
Safe Following Distance
The standard expectation is that the trailing driver maintains a safe distance to avoid collisions. However, in cases where the leading driver's actions are unpredictable and unreasonable, the fault may shift. Deliberate or unnecessary braking can negate the expected safe distance rule, making the leading driver responsible for the accident. Determining fault in a brake checking accident can be complex. While the rear driver is typically assumed to be at fault for not maintaining a safe distance, deliberate or unnecessary actions by the leading driver can shift the blame. Each case needs to be evaluated based on the specific circumstances and evidence of the drivers' behaviors, making it imperative to have a skilled car accident attorney on your side when pursuing injury compensation.Proving Liability in Brake Checking Scenarios
Proving liability in a brake checking scenario requires gathering evidence and presenting a convincing case. Here are some key factors that can influence the outcome:Intent Behind the Brake Check
One crucial element in determining fault is establishing the intent behind the brake check. If the driver intentionally stopped abruptly to provoke a collision or create dangerous situations, they should be held liable for the resulting accident.Eyewitness Testimony and Video Evidence
Eyewitness testimony can play an imperative role in establishing liability. If there were any witnesses present who can testify to the events leading up to the collision, their statements can provide valuable insight. Additionally, if there is any video evidence from dash cams or surveillance cameras, it can significantly enhance the ability to prove liability. Establishing liability in a brake check accident can be particularly challenging. As the victim, you must prove that the other driver was at fault. This involves demonstrating several key points, either on your own or with the help of a car accident attorney:- Legal Duty: The driver who suddenly braked had a legal duty to drive responsibly.
- Negligent Act: The driver performed a brake check without a legitimate reason, such as avoiding a pedestrian, animal, or another vehicle.
- Causation and Damages: The negligence directly caused your accident, resulting in tangible damages like medical bills and lost income.
What if the Brake Checking Driver Was Intending to Commit Insurance Fraud?
Brake checking accidents can be frustrating and dangerous for all parties involved. But what if the brake checking driver was intentionally trying to commit insurance fraud? Insurance fraud occurs when someone deliberately deceives an insurance company for financial gain. In the context of a brake checking accident, the at-fault driver may slam on their brakes suddenly, causing the driver behind them to rear-end their vehicle. This staged event is intended to make it appear as though the rear-ending driver is at fault, allowing the brake checking driver to file a fraudulent insurance claim. If you find yourself in this situation, you should always consult with a qualified car accident attorney as soon as possible. They can gather evidence, such as witness statements and accident reconstruction reports, to prove that the brake checking driver intended to commit insurance fraud. By working with an experienced car accident attorney, you can protect your rights and ensure that you are not held responsible for an accident that was intentionally staged.Common Injuries in Brake Checking Accidents
Brake checking accidents can result in a range of injuries, varying from minor to severe. Here are some common injuries that can occur in these types of accidents:- Whiplash: Whiplash is one of the most common injuries in rear-end collisions, including brake checking accidents. It occurs when the head is forcefully thrown backward and then forward, causing strain on the neck muscles and ligaments.
- Concussions: A sudden impact from a brake checking accident can cause the brain to move within the skull, resulting in a concussion. Symptoms may include headaches, dizziness, memory problems, and difficulty concentrating.
- Back and spinal injuries: The force of a rear-end collision can cause damage to the back and spinal column. Herniated discs, fractured vertebrae, and spinal cord injuries (SCI) are often seen in these types of accidents.
- Broken bones: The impact of a brake checking accident can cause bones to break, especially in the hands, wrists, arms, and legs. These fractures may require surgery and extensive rehabilitation.
- Psychological injuries: Brake checking accidents can also have a significant impact on mental health. Anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological conditions can develop as a result of the accident.
Common Damages in Brake Checking Accidents
Brake checking accidents can result in various damages, both economic and non-economic. Here are some common damages that victims may experience:- Medical expenses: Injuries sustained from a brake checking accident may require immediate medical attention, ongoing treatments, surgeries, and rehabilitation. Medical expenses can add up quickly, and you must consider these costs when seeking compensation.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for your lost income during your recovery period. This includes past and future earnings you cannot earn due to your injuries.
- Pain and suffering: Brake checking accidents can cause physical pain, emotional distress, and a decreased quality of life. Compensation for pain and suffering is intended to address these non-economic damages suffered by the victim.
- Property damage: In addition to personal injuries, a brake checking accident may result in damage to your vehicle or other property. Compensation for property damage can help cover the cost of repairs or replacement.
- Punitive damages: In cases where the at-fault driver's behavior was particularly reckless or intentional, punitive damages may be awarded. These damages serve as a punishment for the at-fault party and a deterrent for future similar behavior.