Who is At-Fault for Accidents Caused by Brake-Checking?
Driving has the potential to cause immense frustration among those in the process of commuting to work, running errands, picking up kids, etc. This frustration can often result in what is known as road rage which is when a driver performs reckless maneuvers born out of anger intended to harm other drivers. Road rage is responsible for many car accidents across Florida and can take a number of forms. One particularly vexing form of road rage that causes accidents and severe injury is brake-checking.
What is Brake-Checking?
Brake-checking is when a driver activates the brakes of their vehicle in an abrupt and sudden manner to recklessly catch the driver behind them off-guard. This act is often intentional and considered illegal since it can cause immense damage and endanger the lives of many people on and potentially off of the road. Brake checking typically results in rear-end accidents but there are cases where it is not intended to cause an accident and merely intended to annoy or slight another driver that may be following the front driver closely and impatiently.
Rear-End Car Accidents
Brake-checking regularly leads to rear-end accidents which is when the front of one vehicle collides with the back of a vehicle in front of them. These accidents are among the most common accidents that occur and inflict severe injuries to those involved. People can end up suffering from injuries like whiplash, traumatic brain injuries, soft tissue injuries, and back injuries to name a few of the more common forms of damage. Rear-end accidents are very common yet they do manage to confuse many people when it comes to the question of exactly who is at fault.
Determining Fault for Rear-End Accidents
In most cases of rear-end accidents, the fault for the accident occurring is usually placed upon the driver of the vehicle that was at the rear of the accident and collided with the back of the vehicle in front. To many, this might not make sense especially in cases of brake checking where the driver in front seems to intentionally hit their brakes suddenly in order to cause a dangerous situation for both drivers. The reasoning for this is that cars following behind other vehicles are expected to have a large enough buffer space between them and the car in front to provide adequate distance in the event that the car in front has to brake in an emergency.
Fault and Liability for Brake Check Accidents
Reasoning that the person that collided with the back of the car in front was at-fault for the accident because they did not observe traffic laws that call for sufficient distance between vehicles in case of emergency stops is a common occurrence when it comes to accidents caused by brake checking. This is troublesome for someone those that was driving behind the car that brake checked and suffered severe injuries as a result.
Those that suffer significant injuries as a result of car accidents usually have the ability to make an exception to typical Florida no-fault law and seek compensation for the damages they suffered by seeking compensation from the party responsible for the accident. This is done through a car accident injury claim that aims to reach an out of court settlement by using proof of the other driver’s accident-causing negligence to negotiate fair compensation. This all revolves around a claimant’s ability to prove the fault and negligence of the other driver or perhaps another party involved somehow which can be very difficult in cases involving brake checking.
Proving The Fault and Liability of Those Who Brake Check
While in most cases the person at the rear of a rear-end accident is held responsible. A person that intentionally brake checks and causes an accident through their reckless and negligent behavior can at least be held partially at fault. The major issue is proving that a person intentionally brake checked the person behind them out of road rage. While road rage is illegal it is not provable unless someone has some form of visual evidence.
eIn the best-case scenario, a person caught in a rear-end accident caused by someone brake checking them can prove that the other driver was negligent by using some kind of video footage. A dashboard camera or maybe a camera in the vicinity can catch the crash occurring on video and provide a clear record of what exactly occurred. Without any kind of emergency shown on camera to necessitate an emergency stop that caused the accident, a brake checker can be held responsible for their actions.
If this kind of evidence is not available then there may be witnesses to the accident that can provide testimony as to what they saw. A driver may also accidentally or blatantly due to road rage admit to brake checking the other driver but this is unlikely to occur. Without any evidence like this, there is not much that can be done since both drivers conflicting accounts will only amount to a he said she said situation.
Seek an Experienced Car Accident Attorney
If you want to know more about filing a claim for a car accident injury, contact a car accident lawyer. A law firm investigates injury cases, determines claim values, and works to obtain a fair settlement or award. A consultation allows you to share your story with an attorney. You learn more about your legal options without having to commit to making a claim or filing a lawsuit. They deal with insurance companies and their attorneys, while you focus on rest and recovery.
At the Dolman Law Group in Clearwater, Florida, our team of highly skilled rear-end collision attorneys can review your case and obtain the compensation to which you are entitled for your accident injuries as well as lost wages and other damages. Our rear-end collision lawyers have helped many victims obtain the recovery they deserve for their injuries and related losses. Please call our office at 727-451-6900 today.
Dolman Law Group
800 N Belcher Rd
Clearwater, FL 33765