What exactly is a brake-check? And how can you prove liability if you are injured in a brake-check collision?
Picture this: You are driving in stop-and-go traffic, and the driver in front of you unexpectedly slams on the brakes. You fail to react in time and rear-end their vehicle.
In this scenario, you’ve been brake-checked and generally deserve to be compensated for your injuries and damages. What’s a brake-check? And how can you prove liability in a brake-check collision?
What’s is Brake-Checking?
Brake-checking generally refers to a situation where the lead driver suddenly slams on their brakes intentionally to force the trailing driver to brake or swerve to avoid a collision. Brake-checking is dangerous and is a leading cause of rear-end accidents.
In addition to causing a rear-end accident, other dangers include triggering road rage, triggering a chain reaction accident, or striking a pedestrian or bicyclist. In addition, Brake-checking can result in severe injuries such as whiplash, back injuries, and brain injuries when car occupants whip forward and backward during the accident.
Why Do People Brake-Check?
There are several reasons drivers brake-check other vehicles. The first and increasingly common reason is revenge. If you do something that offends the driver in front of you, like tailgate them, they may brake-check you to express their anger. Another reason people brake-check is to commit insurance fraud. It might sound far-fetched, but it’s one of the country’s most common auto insurance scams.
How Can You Prove The Other Driver Brake-Checked You?
Proving liability in brake-checking accidents is not easy. Though it is not always the case, the driver who rear-ends the front vehicle is often at fault. Because of this perception, the investigating police officer or the judge could automatically assume you are to blame for the accident.
Fortunately, experienced St. Louis car accident attorneys understand the complexities of brake-checking accidents and know what crucial evidence to collect to support your claim. Some of the evidence your attorney can use to prove negligence in a brake-checking accident include:
Eyewitnesses: If witnesses saw what transpired before the accident occurred, your attorney can reach out to them and use their statements as evidence.
Police report: The police report may contain crucial information that could help your attorney convince the insurer or court your claim has merit.
Accident reconstruction experts: Your attorney may also enlist the help of an accident reconstruction expert to help demonstrate how the at-fault driver brake-checked you and how their action led to the accident and the resulting damages and injuries.
Video traffic camera or surveillance footage: Video evidence can also help your attorney paint a clear picture of how the accident happened and prove the other driver brake-checked you.
Speak With an Experienced St. Louis Auto Accident Lawyer
If you were injured in a collision caused by a brake-checking driver, you may be entitled to compensation for your injuries. Our attorneys have a proven track record of helping car accident victims get their deserved compensation and can help you determine what you are entitled to after an accident. Give us a call today for a free case evaluation.
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