Brake Checking Can Cause A Driver To Be Partially At Fault For An Accident

Posted on: 17 August 2021

Tailgating is a very dangerous activity that you should avoid, but the act of brake checking is also highly dangerous. If you are involved in an accident after you engaged in tailgating and the other driver engaged in brake checking, you might wonder which party is at fault. These types of cases are complicated to resolve, and you will likely need to consult with an auto accident attorney.

Understanding Tailgating

Tailgating is the act of driving too close to another driver. It can be a form of aggressive driving and is often done as a way to pressure a driver to drive faster. However, when the driver in front has to slam on their brakes suddenly, such as when a deer runs out in front of the vehicle, the act of tailgating can lead to an auto accident. 

Understanding Brake Checking

Brake checking is an action in which a driver slams on their brakes to startle the driver behind who is brake checking and to act as a deterrent. This is considered a form of aggressive driving.

One of the concerns with brake checking is that it can cause a chain-reaction crash. When the driver slams on their brakes, you may collide with the vehicle, and another vehicle that is behind you might collide with you. This can lead to much more serious injuries because vehicles with different sizes and weights can cause substantially more damage.

Determining Liability

Depending on the state in which you reside, multiple parties can share liability for an accident. Your case can become very complicated when there are multiple drivers involved. For example, the brake checking driver may be partially liable because they were driving aggressively, you may be accused of driving recklessly by tailgating, and the driver behind you might be guilty of speeding. 

Based on the facts of the case, your attorney may be able to help you understand if you will be able to recover damages as a result of the accident. If you are not able to recover damages, you will need to rely on your auto insurance provider or health insurance provider to pay for your injuries.

Your insurance provider may even need to pay for the damages that the other parties have suffered. However, if your attorney is able to argue that you're not liable and helps you calculate the damages you have suffered, you may receive some compensation for your injuries.


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