Brake-checking occurs when a driver intentionally slams on their brakes to force the vehicle behind them to react suddenly. Often viewed as an aggressive driving tactic, this behavior can lead to serious car accidents and liability disputes. If another driver’s brake-checking caused your crash, you might be entitled to compensation for your damages.
Why Do Drivers Engage in Brake-Checking?
Drivers may brake-check in response to tailgating or impatience with another vehicle; it could also be a sign of road rage. Some believe it forces the trailing driver to maintain a safer distance, while others use it as a form of intimidation. In rare situations, individuals engage in this behavior intentionally to stage an accident for financial gain.
Is Brake-Checking Illegal?
In most states, brake-checking is considered illegal because it creates hazardous conditions and increases the likelihood of rear-end collisions. Traffic laws generally require drivers to operate their vehicles in a safe and reasonable manner. When a driver deliberately causes a dangerous situation, they may face citations, fines, and potential liability for damages resulting from any crash.
Who Is at Fault in a Brake-Checking Accident?
While rear-end collisions typically place blame on the trailing driver, intentional braking changes things. If evidence shows that the lead driver deliberately caused the situation, they can be held responsible.
How Does Brake-Checking Affect Insurance Claims?
Brake-checking can complicate the claims process. If an insurer determines that a driver intentionally caused a crash, they may deny coverage for damages. In cases involving staged accidents, insurance fraud investigations may follow. Proving intent can be challenging, but video evidence and consistent witness testimony often influence how insurers handle these disputes.
Can Brake-Checking Lead to Criminal Charges?
Yes, intentional brake-checking can result in criminal charges in certain situations. Prosecutors may pursue reckless driving or aggressive driving charges when the behavior places others at risk. If an accident causes significant injury or property damage, charges can escalate further. While not every instance leads to prosecution, repeat offenders face heightened scrutiny under traffic laws.
How Can Drivers Protect Themselves From Brake-Checking?
Maintaining a safe following distance and avoiding aggressive interactions with other drivers reduces the risk of encountering brake-checking incidents. When faced with an aggressive driver, it is safest to change lanes or allow them to pass rather than reacting in anger.
Are There Warning Signs Someone Might Brake-Check?
Yes, erratic behavior such as constant tapping of brakes, speeding up and slowing down repeatedly, or gesturing aggressively at other drivers may indicate potential brake-checking. Being alert to these signs helps other drivers anticipate sudden stops and minimize the chance of a collision. It is important to focus on defensive driving rather than escalating the situation.
What Should I Do After a Brake-Check Accident?
After an accident, call 911 and request medical assistance if needed. The brake-checking driver might be aggressive, so remain inside your vehicle until help arrives. The responding officers can gather the necessary information and create a police report. If you do not require an ER visit, follow up with a medical evaluation as soon as possible.
How Do Dashcams Influence Brake-Checking Disputes?
Claimants involved in disputes benefit from having clear, timestamped recordings, so dashcam footage can provide valuable evidence in brake-checking cases. Videos can show sudden braking patterns, aggressive driving behavior, and the events leading to a collision. Insurance companies and courts frequently rely on this type of visual proof to evaluate fault and prevent fraudulent claims.
Our Trusted Belmar Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Help Get You the Compensation You Deserve if You Have Been Injured in a Car Crash
Brake-checking crashes can cause serious accidents and complicated legal challenges. For legal help and guidance, reach out to the Belmar car accident lawyers at Kitrick, McWeeney & Wells, LLC. To schedule a free consultation, call today at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients across New Jersey.