When Sudden Braking Causes a Wreck
One of the classic demonstrations of road rage is the brake check. You know the one, when a vehicle quickly brakes in front of another for no reason other than to cause frustration.
If you run into the back of someone, after they have brake checked you, who is at fault?
Unfortunately, without the proper evidence, fault isn’t as easy as it may sound. Listen in as your Texas car accident lawyer explains what you need to know.
When Brake Checking isn’t Malicious
A brake check, by definition, is malicious. If you were brake checked and it wasn’t malicious, then it’s what is called sudden braking.
These sudden brakes can happen for a number of reasons, which generally include:
- Animals running onto the roadway
- Vehicles pulling into the roadway
- Other obstacles seen at the last minute
If a vehicle brakes suddenly in front of you, so they can avoid a wreck, and you rear-end them. You may likely be found at fault for failing to maintain a safe distance.
Why Someone May Brake Check You
If you were brake checked it’s probably the result of road rage. You may have inadvertently (or perhaps intentionally) cut someone off in traffic. They want revenge and are bent on making you suffer. There are three primary reasons for brake checking.
1 – Insurance Fraud – There are some people out there that insist on making money through fraud. By braking suddenly in front of you, they hope you rear-end them and they can file a claim where they profit.
2 – Road Rage – As mentioned earlier, you may be brake checked simply because someone is an angry driver. You may not have even caused their anger, but you become the victim.
3 – Reckless Driving – Some drivers, are trying to have a bit of fun by riling up other drivers. By brake checking they get a kick out of watching another driver panic.
Regardless of the reasons, the results are often the same: a situation that can end up deadly for other drivers on the road.
Determining Fault when Brake Checked
Without very solid evidence, it’s hard to determine fault in a brake check accident.
Did the other driver brake suddenly because there was an obstacle in the road, or because they were irritated with you and wanted revenge? How will you prove that there was nothing in front of them?
This is one of the many reasons we recommend all drivers have a dash cam in their vehicle. With solid video evidence, it’s much easier to disprove the lies of another motorist.
Without that video evidence, all is not lost. You can still prove that you are the victim with witness statements, and sometimes the credibility of your word versus their word (do you have a history of poor driving habits? Do they have a history of poor driving habits? Are there other indicators that they might not be telling the truth?).
Get in Touch with Herbert Law Group Today
Because of the difficulty proving that you were the victim, and not the other driver, that is why you need a car accident attorney in Dallas after you have been brake checked.
Our lawyers know what to look for, how to spot the fraud, and how to argue that they were raging or manipulating you into a wreck.
Give us a call at 214-414-3808, or fill out the contact form on our website, and let’s get started with a simple conversation. Let’s see if Herbert Law Group is a good fit, and let you pursue the justice that you deserve.