April 20, 2023 | Car Accident
Most rear-end collisions are blamed on the driver in the trailing vehicle. However, the rear driver might not be 100% to blame for the cause of the rear-end accident if the driver in front was brake checking.
What Is Brake Checking in Lexington, KY?
Brake checking is a dangerous form of aggressive driving. The Kentucky Transportation Cabinet reports about 31% of the traffic deaths in Kentucky involve aggressive driving. In addition, thousands of people are injured yearly in aggressive driving accidents.
Brake checking describes the aggressive driving maneuver of slamming on your brakes for no apparent reason. A common reason for brake checking is the belief that a car behind the driver is following too closely. By brake checking, the driver intends to force the other driver to stop tailgating.
Other reasons for brake checking are intimation and insurance fraud. However, there are no acceptable reasons why a person should brake check another driver. Brake checking is dangerous because it increases the risk of a traffic accident.
Common Injuries Caused by Brake Checking in Lexington, KY
Brake checking a driver can cause a rear-end accident. It can also cause a chain-reaction crash that involves multiple vehicles. The brake-checking driver could be pushed into oncoming traffic or an obstacle if the rear driver does not avoid a collision.
Common injuries caused by brake checking include:
- Traumatic brain injury
- Facial injuries
- Broken bones and fractures
- Neck injuries, including whiplash
- Back injuries, including herniated discs and fractured vertebrae
- Soft tissue injuries
If you are involved in a brake check accident, call 911 to report the crash. Document the accident scene by taking photographs and making a video. Ask eyewitnesses for their names and telephone numbers.
Do not confront the driver who brake-checked you. Instead, note everything you can remember leading up to the accident, including any aggressive driving behavior the driver engaged in before brake-checking you.
Who Is Liable for a Lexington Brake-Checking Accident?
Typically, the driver who crashes into a car in front of them is liable for damages caused by the accident. Drivers are required to use reasonable care when operating a motor vehicle. That includes leaving sufficient distance to stop if the vehicle in front of them stops suddenly and without warning.
However, if the driver in front slams on the brakes for no reason, you might have an argument for fault. You might share some liability for damages in the event that you were following too closely to stop before crashing into the vehicle.
However, a jury might find the driver in front contributed to the cause of the accident by slamming on their brakes for no reason. Kentucky contributory fault laws reduce the compensation for an accident victim by their percentage of fault for causing the crash.
Is Brake Checking Illegal in Kentucky?
Most states do not have a brake-checking law. However, that does not mean you could not be charged for causing a brake-checking accident.
Kentucky Statute §189.290 requires drivers to operate their vehicles carefully. The statute requires a driver to operate the vehicle with regard to the safety of others on the road. Violating the statute could result in reckless driving charges.
A first-time offender receives a small fine for a reckless driving charge. However, if the driver is charged with reckless driving for a third time in one year, they face driver’s license suspension.
It is also wise to note that tailgating could be considered reckless driving. The best way to avoid a brake-checking accident is to leave plenty of space between your vehicle and the vehicles in front of you.
Proving Fault for a Brake-Checking Accident in Lexington, KY
Proving fault for a brake-checking accident can be challenging. There is already a presumption that the rear driver is at fault for the crash. However, the evidence you gather could prove that the other driver’s actions were also to blame for the accident.
Evidence in a brake-checking accident case could include the following:
- Photographs of the accident scene
- Statements from eyewitnesses
- Video of the collision from security cameras or traffic cameras
- Physical evidence from the accident scene
- Accident and police reports
- Testimony from expert witnesses, including accident reconstructionists
If you believe you are not entirely to blame for a car accident, you should talk with a Lexington car accident lawyer as soon as possible. An attorney can investigate the crash to determine causation and fault.
Contact Our Car Accident Law Firm in Lexington Today To Get More Information
Minner Vines Moncus Injury Lawyers
325 W Main St #210, Lexington, KY 40507