Everyone experiences some level of frustration on the road. Some people, however, take it a tad too far. Aggressive driving is common in the U.S. While most cases are inconsequential, some result in accidents, serious injuries, and even fatalities.
Take brake checking, for instance. Brake checking can cause a rear-end collision, which could lead to serious injuries, depending on the circumstances. What’s even more concerning is brake check accidents are challenging to investigate, let alone prove fault.
This begs the question: how can drivers protect themselves from brake check accidents? And, if they happen, what can you do to ensure fair compensation?
Read on as we evaluate brake check accidents, from what they are to what drivers can do to protect themselves and the measures to take after such an accident.
What Is Brake Checking?
Brake checking occurs when a driver stops or slows down their vehicle abruptly for no apparent reason. In most cases, drivers brake check to elicit a similar response from the driver behind them.
If the following driver doesn’t have enough stoppage distance or they’re too distracted to react in time, this often leads to rear-end collisions. These types of accidents are pretty dangerous, especially on busy roads.
Why Do People Brake-Check Other Drivers?
Brake checking is never a good idea. In most cases, it results in detrimental consequences for both drivers. When the law takes its course, the brake checking driver could face civil and federal lawsuits. So, why do people do it?
Road Rage
In recent years, road rage incidents have surged over 400%. Most road rage incidents happen when a driver responds to the rude, careless, or dangerous actions of another driver. For instance, nobody likes being cut off. While most drivers ignore this, some drivers brake check to warn the inconsiderate and selfish driver.
Tailgating
Suppose you’ve been driving for some time. The chances are that you’ve experienced cases where the driver behind you is following too closely. You also probably know that this is a dangerous maneuver that could lead to an accident. Some drivers brake check in an attempt to get the following driver to stop tailgating.
Insurance Fraud
According to the IRA, one in five insurance claims made is fraudulent. While most of these claims are centered around healthcare and natural disaster claims, some drivers have found a way to dupe the system.
To pull it off, some drivers brake check following drivers to force a rear-end collision. They then go ahead to claim that the rear driver was driving recklessly or tailgating. This way, they can file a claim and collect money for damages.
What Are the Legal Implications of Brake Checking?
Brake checking is illegal and generally considered a form of dangerous or reckless driving. The mere fact that it involves a driver braking hard to elicit a similar reaction from the driver behind them makes it a form of reckless driving that could result in points on the driver’s record, fines, and even imprisonment.
If the brake checking incident results in a serious accident-causing death, the brake checking driver could face manslaughter charges, attracting a 15-year jail term and fines amounting to more than $10,000.
Determining Faulty in a Brake-Check Accident
Unless you have a dashcam active at the time of the accident, it could be pretty challenging to determine who was at fault. In most cases, the driver who brake checks first is considered at fault since they created a hazardous situation that led to an accident.
However, like most personal injury cases, proving fault in a brake check accident isn’t always clear-cut. For instance, there are several exceptions that could shift blame away from the brake checking driver. They include the following:
Sudden Emergency
Some brake checks have a legitimate reason. For instance, if a pedestrian darts into the road in front of the vehicle before you, the driver will be prompted to slam their brakes. In this instance, it may be deemed justifiable.
Following Too Closely
Suppose you’re following a driver too closely. If they hit the brakes, and you don’t have enough stoppage distance, you could be held liable for the accident.
Mechanical Failure
Modern vehicles are equipped with sophisticated safety features to prevent accidents. However, like other machines, vehicles are prone to damage and mechanical failure. In some cases, the leading driver may have mechanical issues, prompting them to brake suddenly. There are also some cases where vehicles brake unexpectedly on their own due to mechanical, sensor, or software malfunctions.
Gathering Evidence After a Brake Check
Brake check accidents result in both monetary and non-monetary losses like pain, suffering, and emotional distress. Like other personal injury cases, you need to gather the necessary evidence to support your claim and get compensated. Some of the most crucial pieces of evidence to collect include:
Police Reports
You should report the accident to the police as soon as it happens. When they get there, police officers conduct an investigation of the scene and compile a detailed report. You can request a copy of this report to use as evidence when proving fault.
Photos and Videos
You should take clear photos and videos of the damage to your vehicle, the other vehicle, and the surrounding scene. This also includes any skid marks or property damage around the scene that could help determine the cause of the accident.
Witness Information
Unless the accident occurred in a secluded area, the chances are that there were witnesses. In that case, you should collect their statements and contact information. This way, you can reach out to them afterward to collaborate on your account of the events leading to the accident.
Hire an Experienced Personal Injury Lawyer
Brake checking causes a majority of rear-end collisions, which, coincidentally, account for nearly 29% of rear-end collisions. Unfortunately, these cases are quite difficult to prove, which means you have to gather significant evidence to prove fault. Ideally, you should have a personal injury lawyer by your side to guide you through the process of seeking fair compensation for any damages.
