Rear end car accidents are one of the most common types of collisions. They frequently happen because one driver is following another too closely. Most people have heard that the tailing driver is always at fault for a rear end accident, but that isn’t necessarily the case.
Some rear end collisions are caused by brake checking. Brake checking is a dangerous maneuver that puts everyone on the road at risk. Drivers in Daytona Beach, FL, Palm Coast, FL, and surrounding areas who are injured in a car accident involving brake checking can work with the car accident lawyers at Chanfrau & Chanfrau to learn if they may be due financial compensation for accident damages.
What Is Brake Checking?
Brake checking is a term used to describe the act of braking abruptly in an attempt to “check” another driver, or let them know that they are driving too close. Although brake checking is very dangerous, some drivers brake check when they feel frustrated that they are being tailgated.
Tailgating is another risky maneuver that can contribute to accidents. However, as dangerous as tailgating can be, brake checking really isn’t the best response. It goes back to that old adage, “two wrongs don’t make a right.”
Is Brake Checking Legal?
Because of the risks involved with brake checking, it is illegal. In fact, brake checking is often classified as a form of road rage. A driver can be cited for brake checking, and if brake checking results in an accident, the driver may be held liable for the collision and any resulting losses.
One of the biggest problems with brake checking is that it rarely results in a driver safely backing off. Instead, it is more likely that the tailing driver will swerve to avoid the braking vehicle (which could cause an accident with vehicles in adjacent lanes of traffic), or that the tailing driver will fail to brake in time, and will hit the rear end of the lead vehicle.
Proving Liability for Accidents Involving Brake Checking
Proving liability in an accident involving brake checking can be tricky, because drivers are unlikely to admit that they stopped without reason. When our car accident lawyers are building a case, we attempt to demonstrate that brake checking was the primary cause of the collision, and that the braking was an intentional and aggressive move.
When an accident is caused by brake checking, we often rely heavily on witness testimony. If other drivers or passengers saw the brake checking happen, that is a huge benefit to our case. A dashboard camera is another great asset in a case involving brake checking. A dash cam recording can show that the lead driver slammed on the brakes suddenly, and without reason.
If you’ve been injured in a car accident caused by brake checking, the lawyers at Chanfrau & Chanfrau can help you prove liability so that you get the compensation you are due for accident damages. To discuss your case with our legal team, send us a message at your earliest convenience or call our Daytona Beach law firm at (386) 258-7313.