Car accidents can be caused by a variety of factors, but regarding fault, brake checking is one of the most controversial. While there is no specific brake checking law in New Jersey, determining fault after a brake-check can become complicated. Who is at fault for brake-checking accidents can depend on a variety of factors and these accidents can result in serious injuries such as whiplash, spinal cord injuries, and more, leaving a victim looking for compensation to cover all of the damages through personal injury claims.
What is Brake Checking?
Brake checking involves a driver suddenly braking in front of another vehicle to provoke the other driver, either to retaliate against them for something or to intimidate them. Brake checking is intentional braking and can cause a collision. Brake checking can be caused by many things including:
- Road Rage – this is when a driver retaliates against another driver due to some perceived offense with a form of reckless driving such as by brake checking.
- Tailgating – this is a form of driver frustration when a driver feels that another vehicle’s following distance is too close and brake checks. This often occurs when there is a high level of traffic congestion
- Intimidation – certain drivers may intend to intimidate or provoke another driver through brake checking, reckless driving, or swerving between lanes.
Types of Accidents Involving Brake Checking
There are many forms of brake checking accidents that can result from this aggressive behavior which can lead to injuries and vehicle damage. Some of the most common accidents include:
- Rear-End Collisions – this form of brake check accident occurs when the following vehicle collides with a vehicle in front of it. It commonly occurs due to the aggressive driving of a driver slamming on their brakes resulting in a collision impact from the car behind them. Dashcam footage is useful for showing when and how hard someone braked.
- Loss of Control – the sudden application of brakes can result in a vehicle swerving and losing control especially if the rear vehicle is not at a safe following distance. This can not only cause a severe accident but a multi-vehicle accident that damages many vehicles and causes injuries to multiple parties resulting in the need for a lawyer.
- Increased Accident Risk – overall, brake checking is not a good form of driver responsibility and can significantly increase the risk of a collision especially on roads that are congested, have a high-speed limit, or are experiencing poor road conditions.
Legal Concepts in Fault Determination
There are multiple legal concepts when it comes to fault determination of brake check collision liability such as negligence, relevant traffic laws, and safe driving practices. In some states, brake checking legality is deemed a specific traffic violation while in other states, it may simply be charged as reckless driving and can result in various legal consequences.
However, determining intent can be key in determining fault in a brake check accident especially if it is a rear-end collision as a rear-end collision is typically ruled as the fault of the following driver. Intentional braking may be proven by things such as traffic cameras, dashcam cameras, skid marks, and other accident scene evidence.
Additionally, the legal concept of comparative negligence may come into play. This is where multiple parties may be liable for a portion of the accident damages with a percentage of the liability being assigned to multiple parties. Typically, if a person is more than 50% liable for an accident, they are unable to recover any damages through insurance claims or a lawsuit. A skilled Jersey City car accident lawyer can assist with determining liability and pursuing compensation.
What to Do After a Brake Check Accident?
If you are in a brake check accident, there a few simple steps that you should follow for both your safety and ability to recover compensation including:
- If you are injured or think you may be injured, seek medical assistance immediately, no matter the injury severity. An airbag deployment has the potential to cause a traumatic brain injury so it’s best to seek medical treatment if this is the case. Be sure to keep copies of your medical records and bills.
- Contact the authorities. The police will perform an accident investigation and make a police report with their observations, witness statements, and other relevant information such as field sobriety tests. This report can be useful in proving liability. Also be sure to contact your insurance company for your car insurance records.
- Collect accident evidence by taking pictures of any property damage and visible injuries that you see for accident scene documentation and get the contact information of whom you may need witness testimony from later. Brake check dashcam evidence will also be useful, if available.
- Contact a car accident attorney to provide legal representation. They can assist with filing a car accident claim with insurance companies, establishing liability with accident documentation and an accident reconstruction, and file a claim in court before the expiration of the statute of limitations, if necessary.
Key Parties Involved in Brake Checking Accidents
A brake checking accident can potentially involve many parties, some with liability for the accident and others who are witnesses or the authorities. These parties include:
- Lead Driver – this is the brake-checker responsible for a sudden and possibly unnecessary or deliberate breaking.
- Following Driver – this is the driver behind the lead driver who often rear-ends the lead driver due to the brake checking and failure of traffic safety norms.
- Other Drivers – a brake checking accident can cause swerving or defensive driving, leading to other vehicles being hit and the potential for a pile-up.
- Law Enforcement – reckless driving laws could make brake checking illegal. Maneuvers and accidents are often investigated by police to report accident statistics and future accident prevention.
Contact a Lawyer for Brake Check Accidents
When you are in a brake check accident, you may suffer injuries and property damage that leave you looking for just compensation. The legal team at Omni Injury & Accident Law are here to help you determine liability and pursue your legal options to seek all of the compensation you are entitled to.
Omni Law will help investigate your accident, negotiate with the insurance companies for a fair settlement that compensates you for your damages, and, if a fair settlement cannot be reached, file a claim and represent you in court to get you the compensation you deserve. Contact Omni Law today to set up a free consultation.