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Who May Be Liable for a Brake-Check Crash?

Posted on behalf of Anderson Cummings on Apr 23, 2021 in Auto Accidents

brake-check accidentsHeavy traffic can make many drivers angry, particularly when they get stuck behind drivers who travel well below the speed limit, cruise in the passing lane or drive too closely to other vehicles.

Sometimes drivers engage in brake-checking to vent their frustration and punish the offending driver. Even though it is a rear-end crash, the lead driver may be at fault. However, establishing liability may not be as straightforward as you think.

What is Brake-Checking?

Brake-checking is the act of purposely slamming on your breaks with little to no time for the vehicle behind you to react. Drivers often brake-check other drivers with the intent to punish them for driving in a matter in which is irritating to them.

Usually, brake-checking ends in a rear-end collision in which the driver who hits the car in front of them is seemingly responsible for the accident.

If you were involved in an accident involving a driver who slammed on their brakes for no reason and you crash into them, you may be eligible to seek compensation.

Let the car accident attorneys in Fort Worth review your claim so we may be able to help you pursue the compensation you need for medical bills, lost wages and other damages.  

Is Brake-Checking Illegal in Texas?

In Texas, there is no specific law that states brake-checking is illegal. However, there are laws against reckless driving, which is defined as operating a vehicle willfully or wantonly in a matter which disregards the safety of others.

Purposely slamming on your brakes to punish someone on the road could be deemed reckless driving and a driver who is found guilty of brake-checking another driver could face penalties for violating Texas driving laws. 

How Do You Prove Liability for a Brake-Check Accident?

Proving that another driver slammed on their brakes for no apparent reason may be difficult without some key evidence, such as witness statements and video footage of the crash.

Other drivers or people in nearby businesses who witnessed the accident may be helpful in proving liability for a driver who brake-checked you and caused a collision. If possible, try and gather names and contact information for anyone who is willing to validate your claim of brake-checking being the reason for your accident.  

In addition to any potential witnesses, any traffic cameras, surveillance cameras or dashcams that capture the moment of impact could also be important to help prove the other driver brake-checked you.

Who Pays for Damages?

Once you can successfully prove brake-checking is what caused your accident, the insurance company that covers the other driver may try and deny liability because the driver’s act of brake-checking was intentional, and some policies do not cover intentional acts.

That is why it is important to hire an experienced attorney to counter these assertions and determine if this type of exclusion applies.  

Tips to Avoid a Brake-Check Accident

There are ways you may be able to avoid getting into a brake-check accident, including:

  • Driving the speed limit
  • Following at a safe distance
  • Only using the left lane to pass other cars

While it may be close to impossible to avoid another driver’s intentionally reckless driving, being a defensive driver may help you anticipate another driver’s maneuvers so you may safely avoid a dangerous situation.

Need Help After a Brake-Check Accident? Call Today

The attorneys at Anderson-Cummings have a proven track record of success recovering compensation for victims who suffered an injury due to another person’s recklessness, including a settlement of over $1 million for the victim of a drunk driving accident.

There are no upfront fees while we work on your claim and you do not owe us anything unless we win.

Call today to schedule a free consultation: (877) 920-9009