Brake checking is a dangerous and aggressive driving tactic that is done in order to incite panic on the road. It occurs when the leading car intentionally taps or slams on their brakes without reason in order to cause a driver behind them to either slam on their brakes, swerve to avoid an accident or even cause an accident. Oftentimes the maneuver is performed following a road rage incident or in hopes of causing a crash so that they can collect a payment through a car insurance provider.
We hope you never find yourself in this position, but what should you do if you rear end a vehicle that decided to brake check you? In today’s blog, we explore your right to injury compensation if you are brake checked by another driver.
Brake Checking And Finding Fault
Although the act of brake checking is not explicitly outlawed, the driving behavior would certainly be classified as an act of careless driving, which is a misdemeanor crime. Another fact that may help you stay out of a brake checking situation is that Minnesota is a No Fault state when it comes to filing for compensation after an automobile accident. This means that unless you suffer more than $4,000 in reasonable medical expenses, are disabled for more than 60 days or have permanent disfigurement as a result of the crash, you’ll likely just be filing a claim through your own car insurance provider, regardless of who was at fault for the accident.
Despite these facts, we still hear stories from drivers who say that the other driver unnecessarily slammed on their brakes during a fit of road rage or in order to cause a crash. So what should you do if you find yourself in this position? Since the vast majority of rear end crashes are the result of fault by the trailing driver, you’re going to have the odds stacked against you when it comes to proving that the leading driver was the responsible party in case they do try to take you to court. Here are some ways to prove that the other party performed the careless act of brake checking.
Dashcam – Dashcams are becoming more popular in today’s society, as they can provide a non-biased view of what occurred. Consider investing in a dashcam that records when you are driving so that you have video evidence in case someone lies about how an accident occurred.
Witness Testimony – If you don’t have a dashcam, you’ll want to get the next best type of evidence, which is witness testimony. If anyone else can prove your version of events, get their contact information and pass it along to your lawyer. It’s going to be tough to prove you are telling the truth when it’s your word against someone else’s, but if two others confirm your version of events, you may be able to convince the court that the leading party was driving carelessly.
Expert Witnesses – Our team of lawyers has access to a bevy of expert witnesses and accident reconstruction professionals who can survey the scene of the accident and help interpret what led up to the crash. They can use math and physics to show how brake marks on the ground prove your story or poke holes in the other party’s version of events. Let us see if one of our accident reconstruction experts would be right for your case.
Photographs – Unless you need immediate medical attention, try to take photographs of the scene of the accident and the damage done to both vehicles. Their positioning and damage can tell a lot about how the accident occurred, so really take time to document the entire scene. Take out your smartphone and start taking a bunch of pictures.
Lawyer Up – Finally, the best thing you can do if you are hoping to prove that you were a victim of brake checking is to contact a personal injury firm like the team at Hey Workers. We know how to showcase that the other side is lying, and we have the resources to prove it. It’s going to be an uphill battle proving that the other driver brake checked you, so you need to have a professional in your corner who can make a strong and detailed argument. We’ve done it for countless clients in the past, and we’d love to be your ally in your time of need.
Don’t let someone else get away with a scam or force you to pay for costly expenses because they decided to brake check you. Obviously your best choice is to drive defensively and avoid escalating situations that could lead to aggression or road rage, but if you’ve already been victimized by another driver, connect with an injury firm and start working to prove that the other driver was in the wrong. For more information, or for help with a more standard car accident claim, reach out to the team at Hey Workers today at (844) 439-9675.
