The more time drivers spend on the road, the more likely they’ll experience myriad frustrations. Whether it’s road conditions, traffic jams, bad fellow drivers or simply a bad day, people often take their frustrations out through their driving methods.
Occasionally, this comes in the form of “brake checking”: forcing drivers behind you to brake suddenly to avoid a rear-end collision. This often happens when a driver feels they’re being tailgated. When they brake, and the other drivers have nowhere to go, they’re forced to slow down too.
Brake checking is dangerous. The Law Offices of Tim Misny can help you determine who could be liable in your brake checking car accident.
Brake checking and negligence lawsuits
As a driver, you have the duty not to cause harm to others. That generally includes following the rules of the road, driving sober and not taking any unnecessary risks. When drivers fail to meet that standard, they may be liable for negligence.
The act of brake checking is inherently dangerous. Unless a driver is braking to avoid causing harm, aggressively slamming on the brakes increases the chance of an accident. Other drivers have no warning, and may suffer even worse harm while swerving to avoid other cars.
Many people have the misconception that in rear-end accidents, the rear driver is always at fault. While that may often be the case, brake checking accidents can be an exception. If the rear driver is able to prove that the driver in front was acting recklessly, they may be able to recover damages for their injuries, vehicle damage, lost wages and more.
Proving fault in a brake check accident
Gathering evidence in a vehicle collision case is key. The popularity of dash cams can go a long way toward helping our lawyers prove your claim. If video footage isn’t available, eyewitness testimony, surveillance footage and even a vehicle’s “black box” can provide valuable information.
Because Ohio is a comparative negligence state, each driver may be deemed a certain percentage at fault. That percentage is deducted from their overall award. If the plaintiff is 50 percent or more at fault, they cannot recover damages. In short, even if you believe you may be partially at fault, our attorneys can help you determine your chances of recovering compensation.
After you seek medical attention, call the Law Offices of Tim Misny for your car accident claim—we’re standing by to help.
Get help with your Ohio car accident claim
Were you injured as a result of someone else’s negligence or recklessness? Whomever is responsible, I’ll Make Them Pay!® Get in touch with me at (877) 944-4373 so that I can evaluate your case as soon as possible.