Proving Liability in Brake Checking Car Accidents

February 14, 2023

Car Accidents

At our Virginia personal injury law firm, we have handled thousands of car accident cases in our more than three decades of practicing personal injury law. Judging from our more than $100 million in verdict awards and settlements recovered for our clients, we have been pretty successful at it.

One of the most frustrating types of car accident cases some of our clients face involves brake checking. Brake checking is when a driver slams on their brakes, forcing the driver behind them to either slam their brakes or swerve out of the way to avoid a crash. Although there are times were a driver has to slam their brakes to come to a sudden stop, a driver brake checking is usually because they feel the driver behind them is following too closely, and slamming their brakes is sending a message to the other driver to stop tailgating them.

Both brake checking and tailgating are considered acts of reckless driving. Both acts can result in a traffic citation. But even more disturbing is how often these acts result in serious car accidents.

Brake Checking = Aggressive Driving Behavior

Brake checking is considered an aggressive driving behavior that can lead to serious – if not fatal – accidents. Although in the majority of rear-end collisions the driver in the back is usually deemed liable, brake checking accidents can fall into a different category because they are often the result of road rage on the part of the driver who commits it because they believe the driver behind them is following them too closely.

Drivers who are injured in car accidents caused by another driver’s brake checking will need to prove that they did not cause the crash, which can be difficult. This is where the skill and experience of a Virginia car accident attorney come in. An attorney will investigate the accident, looking to uncover evidence, including passengers, witnesses, dash cam footage, police reports, nearby security cameras, and other sources. These can all be useful in pursuing damages against the at-fault driver.

Some of the common injuries caused by brake checking accidents include:

  • Whiplash
  • Brain injury
  • Back and spine injuries
  • Soft tissue injuries
  • Muscle strains

Insurance Fraud

In addition to road rage, another common reason for brake checking accidents is insurance fraud. The front driver will intentionally slam their brakes without warning, causing the car in the back to slam into them. They then claim injury and file a claim against the rear driver’s insurance company. These criminal acts are often committed by groups of people working together. This is another reason to make sure you have a Virginia car accident attorney protecting you.

Let a Virginia Injury Attorney Help

If you have suffered an injury caused by the negligent or reckless behavior of another driver in a rear-end crash, contact a Virginia car accident attorney to discuss what your legal options may be. Victims can be compensated for medical expenses, lost income from being unable to work, pain and suffering, and emotional anguish.

If they are left with long-term and permanent disability, they may also be entitled to financial compensation for the losses this disability has caused, including loss of future income if they are unable to work or return to their profession, future medical expenses, and the overall negative impact the injury has had on their quality of life.

Our personal injury attorneys have successfully represented many clients who were forced to deal with painful injuries and long recoveries due to another person’s negligence. Call Shapiro, Washburn & Sharp to schedule a free case evaluation.

 

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