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Brake Checking Accident Blog
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Brake Checking Accident

Tailgating is a road predicament wherein solution is not yet found and as a result, is being settled among road users through their own means. One of those many means, a brake check is said to be the most effective. A brake check or brake test is the deliberate tapping or surprise stepping on the brake or for several times when moving in front of another vehicle with the intention of putting the person behind to be cautious and make decision to either collide or be evasive. 

Since, tailgating is an undesirable act on the road and it makes people angry which could be responded with another violent reaction such as reckless driving accompanied with brake checking to slow off the driver behind him or even back off if it nearly hits after the first few attempts of the driver being tailgated hoping a respond for a change of lane too. 

Brake Check Liability

From above, brake check is defined as form of aggressive driving as a respond from a form of another aggressive driving from behind, meaning brake check crashes are forms of rear-end crashes wherein the at-fault driver is found at the rear ending. But, on the hind sight, drivers pledged and were taught to create a safe distance from the car that is in from of them as sticking increases the risk of having a collision. Eitherway, both is against the law and is reprimanded accordingly. According to technicalities, brake check collisions is a different type of collision which mostly are by accident, as brake check collisions has deliberate intention to lead the rear driver into a more dangerous situation. 

This type of case is pretty hard to prove even with strong evidences such as dashcam footage and etc. as you need to prove that the front driver hitted the brakes intentionally, witnesses can help significantly if there are any. 

There are things to consider when having a case of brake check accident and has to consider following the accident: 

  • Whether the lead driver hit the brakes on purpose

  • Whether the brake check put the rear driver in danger

  • Whether the brake check induced fear in the trailing driver

And if these notions were clarified, the driver in the front is likely to be the at-fault driver. 

Ryan LLP

If ever one of your family members or closests friend has been involved in an accident who have sustained either minor or significant injuries and even a possible case of amputation because of a police or any law enforcing officer has shown apparent negligence and recklessness and caused an accident and render the victim to have life-threatening injuries and condition, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices.

Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation.

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