Brake Check Accidents: What Is Brake Checking, and Who Is Liable in An Accident?

Rear-end collisions are very common in the US. The National Highway Transportation Safety Administration says it accounts for 29% of all vehicular crashes nationwide. This type of car accident is caused by several factors like distracted driving and brake checking.

Brake checks or brake testing is a dangerous maneuver that can cause serious accidents like rear-end crashes and pile-ups.

But, how do you determine liability in situations like these? If you want to know who should be responsible for accidents caused by brake testing, we’re here to help.

In this blog, we’ll discuss what brake checking is and how fault is established in cases of this nature. We’ll also explore how you can hold the at-fault party responsible for their reckless behavior.

Read on to learn how you can get fair compensation for brake-check accidents.

What is Brake Checking? 

Brake checking is where a driver abruptly hits or taps their brakes while on the road. Motorists typically use this move to warn tailgaters, reminding them to keep a safe distance from their vehicles.

However, this maneuver can easily lead to catastrophic car accidents. 

One of its primary dangers is the potential for rear-end collisions. When drivers slam their brakes without warning, the car behind them will not have enough time to react to the sudden deceleration. They won’t be able to swerve out of the way or stop their car on time. 

Aside from this, brake checks can also lead to chain-reaction crashes or pileups. If one vehicle abruptly stops, it will create a domino effect on the other vehicles on the road. 

These types of vehicular accidents can lead to serious injuries, like: 

• Concussions
• Whiplash
• Traumatic brain injuries
• Spinal cord injuries
• Facial injuries

Due to its potential risks, state laws have made brake checking illegal. Unfortunately, people continue to engage in this behavior despite knowing its dangers. 

Who is At Fault in A Brake Check Accident?

Determining fault for brake check accidents is difficult, especially if it involves more than two drivers. 

For instance, the trailing driver is typically found liable for most rear-end collisions. This is because drivers must maintain a safe distance from other motorists while driving. However, the same thing can’t be said for cases that involve brake checking. 

If the lead driver is found guilty of intentional brake checks, they will be held liable for any damages or injuries the accident causes. But since California is a comparative state, the rear driver could also be partially responsible if found guilty of negligence.

Suppose the rear driver was tailgating the lead driver when the incident occurred. In that case, they will share some responsibility for the collision, since tailgating is illegal in California. 

Should you be found somehow at fault for a percentage of the accident, the court will deduct a portion of your claim based on your degree of fault. 

What to Do After A Brake Check Accident

If you find yourself in an unfortunate brake-checking accident, here’s what you need to do:

Remain Calm

Accidents tend to bring the worst out of people. But you must remain calm and avoid confrontation with the other driver. Arguing with them could negatively impact your claim, so staying calm and collected would be best. 

If you can, ask them for their information. Get their name, contact number, and their insurance provider. This way, you’ll be able to get in touch with them when it’s time to file your claim.

Call 911

Remain at the scene of the accident and call the police. The authorities will help you file a proper police report, which is crucial to filing personal injury claims. 

It will serve as the official account of the incident and should outline key information, like the date of the collision, location, and parties involved. 

Get Immediate Medical Care

You need to get immediate medical care, even if you think your injuries are minor. There are certain types of injuries that don’t present themselves until later on. 

Seeing a medical professional will also help you understand the extent of your injuries.

Moreover, refusing medical treatment could cost you your right to compensation. The other party could argue that you intentionally avoided getting medical care to aggravate your claims. 

Gather Your Evidence

There’s no denying that proving brake checks is difficult. You will need photo or video evidence to support your claim that the other driver was at fault.

If you couldn’t obtain footage of the accident, you can use witness accounts to corroborate your story. 

Ask for the contact information of any eyewitnesses you see in the scene, like other drivers and bystanders. Their statements can help strengthen the validity of your claims. 

Hire A Personal Injury Lawyer

Although you can indeed file a claim on your own, the complex nature of brake-checking accidents requires expertise. Not to mention that the US legal system itself can be confusing. 

With this in mind, it would be best to have the help of someone with a deep understanding of the law, like a personal injury lawyer. 

Not only will they help you file your claim, but they will also fiercely fight for your right to justice and fair compensation. They will help you gather all the evidence you need to strengthen your claim and negotiate with the other party on your behalf. 

With an expert attorney by your side, you’ll have peace of mind knowing that your case is in good hands. 

Get Legal Assistance For Brake Check Accidents

Ultimately, brake checking is a dangerous practice that devastates the lives of millions of Americans every year. 

Although state laws have worked hard to protect motorists like you from the dangers of this maneuver, you must learn how to protect your rights if you become a victim of brake-checking accidents. 

If you need legal assistance in California, look no further than Adamson Ahdoot.

Adamson Ahdoot is one of the Golden State’s leading civil litigation firms. With over 100 years of experience handling various personal injury cases, we can help you get back on your feet.

Our team of lawyers will advocate for your right to justice and will work hard to ensure that you get the compensation you deserve. 

To learn more about how we can help, call us at (800) 310-1606 or visit our website.