What is brake checking?
The act of brake checking involves hitting the brakes hard while driving behind another vehicle, in order to make the vehicle slam their brakes and swerve away from you so as not to cause an accident. The idea behind it is that insurance companies will blame the victim for not leaving sufficient space to brake or react in an emergency. This article will explain how brake checking can cause serious accidents.
Why do people brake check?
Brake checking can be a dangerous and costly practice. It could result in death or serious injury, or you may have to pay for the repairs yourself or lose your no-claims bonus. People still risk their safety in anger over simple mistakes made by other motorists.
Road Rage
In many dashcam videos, you’ll see motorists overtake the person they are angry with and then slam the brakes. They’ll then speed off again. This is also a common reaction to being tailgated.
Is Brake Checking Illegal?
Brake-checking is illegal. It’s classified as dangerous driving, which can result in a prison sentence of up to two years and a fine that will never end. If a fatality results from a collision, the consequences (rightly so) are even worse. Death by dangerous driving can result in a maximum of 14 years imprisonment and a fine that is unlimited.
Check out our article about other driving offenses you may not have known were illegal.
Drivers who brake check may be fined up to $1,000 or face a jail sentence of up 90 days. Drivers who brake check may also face a license suspension of up to six months, depending on severity.
If You Are a Brake Checking Victim
It can be terrifying to become the victim of brake-checking. However, it is important to understand your rights and what to do in the event of an accident. This article will provide a deeper look at what you should do in such a situation.
Ensure Safety: Safety is your first priority. Inspect yourself and all passengers in your car for any injuries. Call for medical assistance if you or someone else needs it. You may not feel hurt at first, but some injuries do not show up immediately. You should always seek medical attention after an accident to rule out any hidden injuries.
Contact law enforcement: Call the police if the accident is serious. The police report is a valuable document that can be used to prove the facts of the incident. It will also show the events leading up the accident. This report is valuable evidence in the event that you decide to take legal action.
Get information: exchange contact and insurance details with the other driver involved. If there were witnesses, get their contact details as well. Eyewitness accounts can give a unique perspective on what led to the collision.
Take photos of the scene. Include any visible damage to the vehicles and road conditions. Also, include any skid marks that may have been left behind. Documentation can be used to support your claim in legal or insurance proceedings.
Report the accident to your insurance company. You should provide all of the information you have gathered, such as the police report, witness testimony, and photos. Your insurance company will help you with the claim process. They’ll assess the damage to your car and any injuries.
Consult an Attorney Depending on your circumstances and the extent or damages, you might want to consult an attorney who is experienced in traffic or personal injury law. A lawyer can give you valuable legal advice and help you to understand the complexity of seeking compensation for your loss.
Keep Calm and Refrain from Retaliation. It’s normal to feel angry and frustrated when you’re the victim of brake-checking, but it’s important to stay calm and composed. Avoid aggressive or retaliatory behavior as it can escalate the situation. Focus on the legal and safety procedures.
You may be entitled compensation if the brake-checking accident resulted in serious injuries or damages. Compensation can be used to cover medical costs, vehicle repairs or replacements, lost wages and other damages as a result. A lawyer can guide you through this process and ensure that your rights are protected.
Take a lesson from your experience: Brake-checking accidents can serve as a reminder to drive responsibly and with consideration. This is a great opportunity to share with others your knowledge and promote safe driving habits.
Brake Checking and Accidents
Brake-checking is the main cause of rear-end collisions. Drivers behind them might not react in time when a driver suddenly slams their brakes. Common Brake Checking Accidents
Rear-End collisions: This is by far the most common type of accident that occurs when brake checking. The driver behind may not react in time when a driver suddenly slams their brakes, causing a rear-end accident. Both parties are often injured and property is damaged in these accidents.
Swerving off the road: Sometimes, the driver at the back tries to avoid an accident by swerving. The driver may lose control and go off the road. This can cause them to collide with objects such as road signs, trees or guardrails.
Multiple-Car Pileups – Brake-checking accidents are prone to escalate rapidly, particularly in bad weather or poor visibility. A chain reaction can occur when a driver applies the brakes suddenly. Drivers behind may be forced to apply their brakes suddenly as well, causing a possible multi-car accident. These accidents may be more serious and involve multiple vehicles. They can cause significant injuries and damage.
Brake-checking Accidents are more common in slippery road conditions such as rain or snow. It can be difficult for drivers to stop safely in these conditions even if they are not tailgating.
Aggressive Altercations – Brake-checking can escalate to aggressive confrontations among drivers. Road rage can lead to physical confrontations or altercations on the road. This poses additional risks for all involved.
How to prove fault in an accident involving brake-checking
In many rear-end collisions, the driver at the back of the vehicle is held responsible because it’s expected that they maintain control and maintain a safe distance. Brake-checking collisions are different because the actions of the front driver may have caused the accident. Consider the following to determine fault in a Florida accident involving brake-checking:
- Video Footage Dashcam footage and surveillance footage are valuable for proving the brake-checking of the driver ahead.
- Police Reports: Get a copy the police report. It may give you some insight into your vehicle’s speed and the circumstances surrounding the accident.
- Eyewitness statements can confirm your claim that you braked aggressively before the collision.
Contact the experienced Boca Raton car accident lawyers
You need a lawyer to help you understand the complicated world of personal injury laws if you have been in a car crash in Boca due to brake-checking or for any other reason.
You can be assured that by working with an experienced car accident lawyer in Boca Raton, your rights will always be protected. Now that you know how brake checking can cause serious accidents, don’t not bear the burden of an accident by yourself. Call Brotman Nusbaum Ibrahim & Adelman at (561) 417-5656 to take the first steps towards obtaining the compensation you deserve and the peace of mind that you are entitled to. We are committed to your financial and physical security, and will fight for you every step of the journey.
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