Road rage often manifests in different ways. One of the common ways is brake checking. Brake checking is a risky practice that some motorists use to joke or influence other cars on the road. Brake checking can easily result in accidents as well as rear-end collisions if done recklessly. If you have been involved and injured in a rear-end car accident due to brake checking you need to contact a rear-end car accident attorney to help maximize your compensation.
What is brake checking?
Brake checking can be described as an illegal act of suddenly activating a vehicle’s brakes with the purpose of surprising the car behind so that they need to also slam on their brakes. Many drivers brake check as a way of provoking other road users. Frequently this happens when a person drives too close from behind to another vehicle.
Who is to blame for an accident caused due to brake checking?
Most brake checking accidents happen out of road rage anger. Sometimes it may involve teenage drivers brake checking their friends to tease or joke with them and in the process this causes a serious collision. Their inexperience and immaturity can cause serious injuries due to brake checking.
Regardless of the context, brake checking is always intentional. This means it is easy to know who was at fault when the accident happened. Although this may sound easy as far as the law is concerned, the blame can still fall on either of the drivers.
The context of the car accident plays a big role in determining who is to blame. Were both of you driving aggressively? In case you get involved in such an accident, one of the first things to do is to retain the services of an experienced car accident attorney.
Is it possible to prove a brake checking accident?
If your car didn’t have a dashcam when the accident took place, it will be close to impossible to prove that it was brake checking that caused your car accident.
Video footages are always the best proof since they are able to show exactly what transpired. The other most effective way to prove a brake checking accident is through eyewitnesses. Without these two supporting pieces of evidence, it will be hard to prove a brake checking accident. It then becomes a case of he said – she said, and the police officer that is creating the accident report will assign who was at fault, and that tends to be the individual who hit the car from behind – not the one who was brake checking.
What are the common accidents that result from brake checking?
Rear-end collision is the most common car accident caused by brake checking. Since the car of the person at fault immediately activates the brakes of the car, it is difficult for the car behind to react on time to stop their car. Such an act can result in a very serious accident.
In a situation where there is poor visibility or any other road obstructions, brake checking can easily cause a multi-car accident pile-up. Regardless of the context, a multi-car accident can result in serious injuries for the passengers in the car being brake checked and all the subsequent vehicles involved in the accident.
Who is responsible for the damages?
Brake checking and other forms of road rage can often cause problems with insurance coverage. In these types of situations car insurance companies will often attempt to deny responsibility for your injury claim, based on an exclusion in the insurance policy for “intentional acts”. However, such efforts by insurance companies to deny coverage can often be successfully refuted, by an experienced car accident attorney. A car accident attorney is an expert who can help maximize your compensation in order to get all the monies you deserve.
It is important to understand what the laws of Texas say about any form of road rage accident. Especially when you are involved in a brake checking accident, one of the first things should do is to contact a car accident attorney. They will be able to utilize their legal expertise in order to try and prove that the person who caused the accident was brake checking and intentionally trying to scare the car behind them. They will gather the available evidence and formulate a plan of action to help maximize your claim.
If you would like to speak with an experienced car accident lawyer, please call our law offices today at any of our convenient locations and get a free consultation.
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