Brake-checking, the dangerous and illegal practice of suddenly slamming on the brakes in front of another driver, can easily lead to rear-end collisions and serious accidents. Whether motivated by road rage, an attempt at insurance fraud, or simply a momentary lapse in judgment, brake-checking creates an immediate hazard and puts the lives of all drivers on the road at risk.
While it may seem obvious that the driver who intentionally brake-checks is at fault for any resulting car accident, determining liability is often more complex. Various factors come into play, including the actions of the following driver, contributory negligence, and the specific circumstances surrounding the incident. Additionally, Texas follows a “modified comparative negligence” standard, which means that depending on who is at fault, this may limit or negate any recovery you may have had.
In this blog post, we’ll explore the issue of brake-checking accidents in depth, examining the legal implications and the process of establishing fault and proving liability. The Payne Law Group wants to help you through this process.
Factors That Determine Fault in Brake-Checking Accidents
When a rear-end collision occurs due to brake-checking, determining fault involves evaluating the actions and potential negligence of the brake-checker and the following driver. Several key factors come into play.
The Brake-Checker’s Liability
In most cases, the driver who intentionally brake-checks bears significant liability for causing the accident. This is due to several reasons:
- Violation of traffic laws: Brake-checking is considered a form of reckless or aggressive driving, which violates traffic laws in most jurisdictions. Drivers have a legal duty to operate their vehicles safely and reasonably.
- Contributory negligence: By deliberately creating a hazardous situation on the road, the brake-checker has acted negligently and contributed to causing the accident. This can be grounds for finding them liable.
- Potential for criminal charges: If the brake-checking was done with intent to cause injury or damage or as part of an insurance fraud scheme, the driver may face criminal charges for assault, reckless endangerment, or fraud.
The Following Driver’s Liability
While the brake-checker’s actions are often the primary cause, the driver following behind may also share some degree of fault depending on the circumstances:
- Maintaining a safe following distance: Drivers must leave enough space between vehicles to allow for sudden braking. If the following driver tailgates or follows too closely, they may be partially liable.
- Duty to remain attentive: Even when brake-checked, drivers have a duty to pay attention and take reasonable actions to avoid a collision, such as braking or steering away from the hazard.
- Contributory negligence: If the following driver was also driving recklessly, speeding, or distracted (e.g., texting), their negligence may have contributed to the accident, reducing the brake-checker’s liability.
In Texas, modified comparative negligence is the standard. This means that fault can be assigned as a percentage to each party involved in an accident. However, a threshold percentage usually limits or bars recovery if a party is found to be more than 51% at fault.
So, in a brake-checking case in Texas:
- If the brake-checker is deemed 50% or less at fault, they can pursue compensation from the other driver for their percentage of damages.
- If the brake-checker is found 51% or more at fault, they are barred from recovering anything due to being the primary negligent party.
- The following driver may be able to recover damages reduced by their percentage of fault, as long as they are 50% or less responsible.
This prevents either party from collecting if they were predominantly negligent in causing the accident. Evidence like video footage can be crucial in accurately assigning comparative fault percentages between the brake-checker and the following driver based on their actions.
Ultimately, determining liability often involves gathering evidence, such as witness statements, police reports, dashcam footage, and accident reconstruction, to understand the sequence of events and actions of both drivers leading up to the collision.
Establishing Fault and Proving Liability
When a rear-end collision occurs due to brake-checking, determining who was at fault and to what degree is critical for pursuing insurance claims and potential legal action. Proving liability often comes down to gathering solid evidence from the accident scene. Critical forms of evidence include:
- Witness statements: Testimony from independent bystanders or other drivers can corroborate one party’s version of events over the other’s.
- Dashcam or video footage: More drivers are using dashcams these days, which can provide invaluable video recordings of brake-checking incidents and the moments before impact.
- Vehicle damage: Analyzing the damage patterns on both vehicles can indicate factors like speeds and angles of impact that point toward fault.
- Photos: Photographing the scene, including skid marks, road conditions, and final vehicle positions, creates a record of physical evidence.
Don’t Face Brake-Checking Accidents Alone: Partner with The Payne Law Group
Brake-checking accidents present complex legal scenarios that require expert navigation. While the brake-checker often bears significant responsibility, determining fault isn’t always straightforward. Evidence gathering, witness statements, and comparative negligence laws are crucial in these cases.
At The Payne Law Group, we understand the nuances of brake-checking accidents and how to establish liability effectively. Our experienced team of attorneys has successfully handled numerous cases involving aggressive driving and rear-end collisions. We leverage our resources and experience to thoroughly investigate, analyze evidence, and navigate Texas’ modified comparative negligence laws to maximize your compensation.
Our firm is committed to protecting your rights and fighting for the compensation you deserve. We offer free initial consultations to discuss your case and outline legal options. Don’t let a brake-checking incident derail your life. Call us now and take the first step towards securing the compensation and justice you deserve.