Who Is At-Fault In An Accident Caused By Brake Checking?

Brake-checking accidents are not only dangerous but also legally complex when it comes to determining fault. This aggressive driving behavior, where a driver intentionally slams on the brakes to provoke the vehicle behind, often leads to rear-end collisions and heated disputes about liability. In New York, where comparative negligence rules apply, assigning fault in such cases requires a careful examination of both drivers’ actions. 

Whether you’re a victim of brake-checking or accused of following too closely, understanding how fault is determined can help you protect your legal rights and pursue fair compensation. Consulting a Queens car accident lawyer has the legal experience to navigate these challenges effectively.

What Are Brake Checking Accidents?

First, let’s explain what brake checking accidents are. Brake-checking accidents occur when a driver deliberately slams on their brakes to startle or intimidate the vehicle following them. This aggressive and often reckless maneuver is usually intended to send a message to the tailgating driver or to provoke a reaction. One unfortunate result of brake-checking is a rear-end collision which can lead to severe accidents. 

Brake-checking typically occurs when the leading driver believes the car behind them is following too closely (tailgating). By abruptly applying the brakes, the leading driver hopes to force the trailing driver to back off. However, this sudden braking often leaves the trailing driver with little time to react which results in a collision. Such accidents are particularly dangerous at high speeds or in congested traffic conditions. 

Types of Situations Where Brake Checking Occurs

Brake-checking is often the result of emotionally charged or high-stress situations on the road. Let’s explore some common scenarios where brake-checking might take place:

1 . Road Rage and Aggression

Road rage is one of the leading causes of brake-checking. A driver may suddenly hit the brakes to retaliate against another driver for tailgating, cutting them off, etc.

2. Dealing with Tailgaters

When a driver feels they’re being followed too closely, they might break-check as a way to “teach a lesson.” While the purpose of this may be to force the trailing driver to back off, it often creates a dangerous situation for both.

3. Merging and Lane-Change Tensions

During heavy traffic or crowded roadways, merging and lane changes can lead to tension between drivers. Brake-checking may occur when one driver feels “slighted” by another who fails to yield or changes lanes too aggressively.

4. Frustration with Distracted Drivers

Some impatient drivers may brake-check when they think someone behind them is distracted, has a slow response time, or inattentive, especially in stop-and-go traffic or at intersections.

5. Intentional Insurance Scams

Sadly, some people use brake-checking as a tactic to cause an accident, hoping to file a fraudulent insurance claim. They exploit the common assumption that rear-end collisions are usually the fault of the following driver.

6. Misjudgments or Miscommunication

Brake-checking is not always intentional. Sometimes, a driver misjudges the distance between cars or reacts abruptly to road conditions, traffic signs, or confusion about another driver’s actions, all of which causing a dangerous situation. 

Common Injuries Suffered in Brake-Checking Accidents

Brake-checking accidents often cause severe injuries, including: 

• Whiplash and neck injuries: whiplash is one of the most frequent injuries in brake-checking accidents. The rapid slowing down causes the head and neck to jerk forward and backward thus stretching the muscles, ligaments and tendons. The symptoms may include pain, stiffness and limited range of motion.
• Back and spinal cord injuries: the forceful impact from a rear-end collision can compress the spine, leading to herniated discs, fractures, or other spinal injuries. 
• Head and brain injuries: if a driver or passenger strikes their head on the steering wheel, dashboard, or windows, it can result in traumatic brain injuries (TBIs), which can range from concussions to more severe brain damage. Oftentimes, these types of injuries are considered serious injuries in a car accident.
• Chest and rib injuries: the force of the collision can cause chest injuries from seat belt restraint systems or the steering wheel.
• Facial and dental injuries: airbags, dashboards, or shattered glass can cause facial injuries, including cuts, bruises, or fractures. Dental issues such as broken or lost teeth are also common.
• Arm and wrist injuries: drivers often brace themselves instinctively during a sudden collision, which can lead to sprained or broken wrists, arms, or hands.
• Lower limb injuries: knee and leg injuries are common when a driver or passenger is pushed forward into the dashboard. As a result, bruises, sprains, or more severe injuries like fractures or torn ligaments can occur. 
• Psychological trauma: alongside physical injuries, accident victims can experience psychological trauma which can affect their mental well-being in the long term. 

What to Do After A Brake Check Accident

Below is the list of steps you and your lawyer will take after a brake check accident: 

1. Move your vehicle to a safe location and check for injuries.
2. Call 911 to report the accident and request medical assistance if needed.
3. Give accurate details to law enforcement and keep a copy of the police report.
4. Photograph the scene of the accident and take videos of the damages on the vehicles, the road, and the traffic signs.
5. Record the time, date, location, weather conditions, and gather witness contact information.
6. Contact your lawyer immediately to inform them about the accident.
7. Your attorney will coordinate your medical care and ensure all injuries are properly documented for your car accident claim.
8. Your attorney will assess fault based on the available evidence, including the videos from the car’s dash cam or the testimonies of eyewitnesses.
9. Your lawyer will gather and store all the papers connected with the accident, such as medical records and estimates for repairs.
10. If necessary, your lawyer will pursue compensation through negotiation with insurers or legal proceedings.
11. Your attorney will give you a summary of your case and what you need to do to get fair coverage.
12. Your lawyer will not let you settle for unfair offers and will fight for the compensation you deserve.

How To Prove Fault in a Brake-Check Crash

In a brake-check accident, determining fault depends on the circumstances of the crash and the actions of both drivers involved. Generally, the driver who rear-ends another vehicle is presumed to be at fault because they are expected to maintain a safe following distance. But, if the leading driver intentionally brake-checks – abruptly slamming the brakes without a valid reason – liability may shift to them.

In New York, proving the leading driver’s fault often requires evidence, such as dashcam footage, eyewitness testimony, or accident reconstruction reports, to show that the brake check was intentional or reckless. Insurance companies and courts will look at the actions of both drivers and state of the roads and any other circumstances which led to the accident in order to determine who was at fault. The help of an experienced lawyer is crucial to help in dealing with these issues and ensuring a fair assessment of who was at fault.

Contact a Lawyer for Legal Help

If you have been involved in a brake-checking accident, don’t face the legal challenges alone. Our personal injury lawyers at Gregory Spektor & Associates P.C. will stand by your side every step of the way, ensuring you receive fair compensation while saving you time and energy for recovery.