Brake checking is a dangerous driving behavior that causes many car accidents, some of which have fatal consequences. However, most motorists have no idea what brake checking is, nor do they understand its dangers.
Besides it being dangerous, brake checking is illegal. Below, we offer an overview of what brake checking is, how it causes road accidents, and what you can do if you have suffered injury or property damage from an auto accident caused by brake checking.
How Brake Checking Causes Accidents
Brake checking occurs when a driver continuously slams on the brakes, thinking the car behind them is tailgating. It often leads to rear-end accidents after following drivers also slam on their brakes to try to avoid hitting the rear of the vehicle in front of them. These accidents often injure passengers, and those who don’t wear seat belts are at an even higher risk of injury or death.
Brake checking can also result in accidents if your vehicle skids or stops suddenly in front of other cars or your tires lose traction on the road. In addition, brake checking is also known to cause sideswipe accidents and head-on collisions. These accidents can be deadly for all parties involved.
What Are the Signs of a Brake Check?
If you’re ever involved in a rear-end accident, you should get your vehicle inspected immediately. The first thing you need to do is contact your insurance company and tell its representative that you have been in a car accident. They will then send someone to inspect the vehicle.
The person inspecting the vehicle will look for signs that the other driver may have been following too closely. For example, they will establish whether the other driver was suddenly applying their brakes to trick you into thinking an obstacle was up ahead. Aggressive drivers usually do this when they get closer to you and try to get around you.
The inspector will also look for signs that you were hit from behind. It should not be from a sideswipe like a guardrail or by another car.
Some signs of a brake check include:
- Broken mirrors
- Window scratches
- Dented fenders
- Rear-end damage only
If these signs are present, it means someone most likely was tailgating while trying to squeeze past you.
Other Ways You Can Prove a Brake Check
Apart from the signs of a damaged vehicle, other ways you can prove brake checking include the following:
- Have a passenger with you. A passenger will help prove what happened because they can give details of what they saw. They may be able to provide license plate numbers, the make and model of vehicles involved, etc. If a vehicle tailgated you, your passenger could use a smartphone to record that information.
- Use your car’s dashboard camera or cell phone video. Dashboard cameras are becoming more popular because of their ability to capture moments like this one.
- Obtain surveillance video. Contact the police and your lawyer to obtain surveillance footage from surrounding residences or businesses.
- Collect witness statements. You can speak with other motorists or pedestrians who saw the incident and take their contact information if you need them to share their statements.
You can reach out to a personal injury attorney for help with pursuing a claim or lawsuit if someone else is liable for your brake-checking accident.
Liability for the Damages in Auto Accidents Caused By Brake Checking
If you’re involved in a collision due to someone brake-checking you, you’re entitled to compensation for your injuries and other damages. However, it can be challenging to determine who was at fault if both drivers were brake-checking each other. You may need an attorney’s help if you want to pursue a claim or lawsuit against the driver who brake-checked you.
An attorney can determine liability based on information, such as:
- Your vehicle’s location before and after the collision
- Witness statements about the driver’s actions before and during the collision
- Whether there were skid marks at the scene that indicate sudden braking
- Other factors that may have caused or contributed to the crash
- The condition of your vehicle after the accident
Brake checking can cause serious accidents. Drivers who engage in this behavior may have fault assessed if they cause harm to other drivers on the road. If a driver causes an accident by braking suddenly and negligently, they could face charges of reckless driving that carry possible fines and jail time, depending on the severity of the claim.
Contact the Law Offices of Anidjar & Levine for Legal Assistance
If you’re involved in a rear-end accident due to brake checking, reach out to the Law Offices of Anidjar & Levine. Our legal team will assess your accident and guide you on how to proceed with legal options that may be available to you. Call us today at 1-800-747-3733 for a free consultation.
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