What if My Car Accident Was Caused By Another Driver Brake Checking?

If a car accident results from a driver’s decision to brake check you, then you may be able to hold them liable for reckless driving and seek compensation for your damages. However, the details are important, and it’s wise to retain legal counsel to help you determine liability. 

With us by your side, we can serve as your New York car accident lawyer and build a case on your behalf. After all, when another driver intentionally slams on their brakes in front of you without cause, this type of aggressive driving behavior can lead to rear-end collisions. 

Even though you might be the one who crashed into another vehicle, you may be able to hold the brake-checking driver accountable. It’s all about proving fault and an attorney can help.

Who Is at Fault in Car Accident Caused By Another Driver Brake Checking?

As we mentioned, a New York personal injury lawyer can help pinpoint the party responsible for a collision stemming from brake checking behaviors. It can get complicated because, in most rear-end accidents, the driver in the back is presumed to be at fault. 

Drivers are expected to maintain a safe following distance to avoid a collision if the vehicle in front stops suddenly. However, in a brake-checking situation, the lead driver’s actions may shift the usual course of liability. If you can prove that the driver acted recklessly, they may be held responsible. 

Evidence is key in brake-checking cases. Dashcam footage, eyewitness statements, and accident reports can help demonstrate that the lead driver was acting negligently. Without evidence, the insurance company may try to blame you, the following driver, for the accident.

How Can I Prove the Other Driver Was Brake Checking?

Proving that the other driver was actively and intentionally brake checking you can be difficult. However, with a New York car accident attorney who understands the law, it’s not impossible. Here are several ways your legal counsel can determine the liability of the at-fault party.

Dashcam Footage

A dashcam can capture the other driver’s behavior before the crash. If your dashcam shows the driver repeatedly slowing down or braking aggressively, this footage can be powerful evidence of brake checking.

Eyewitnesses

Passengers in your vehicle or other drivers who witnessed the accident may be able to testify that the lead driver was brake checking. Having corroborating accounts strengthens your case.

Accident Reports

When the police arrive at the scene, they will investigate the accident and create a report. Be sure to explain that the other driver was brake checking. The police may include their observations in the report, which can be used to support your claim.

Skid Marks and Damage Analysis

Accident reconstruction experts can analyze the scene and the damage to both vehicles. Skid marks and other physical evidence can indicate how the accident happened and support your claim that the lead driver braked suddenly. 

By working with a car accident lawyer, you can build a strong case to prove the other driver’s negligence. 

Statute of Limitations For a Car Accident Caused By Another Driver Brake Checking

It’s not uncommon for victims of brake checking injury incidents to wonder, “How long do you have to file a police report after a car accident?” In New York, the statute of limitations for filing a personal injury lawsuit after a brake-checking accident is generally three years. 

This range of time starts counting down on the date of the accident. If a lawsuit is not filed within this time frame, the injured party may lose their right to seek compensation for damages.

However, if the accident results in a wrongful death, the statute of limitations is two years from the date of the victim’s death. It’s crucial to act quickly to preserve evidence and protect your legal rights.

There may be exceptions or specific circumstances that alter these deadlines, such as if a government entity is involved. Consulting with an attorney as soon as possible ensures you meet the filing requirements and deadlines.

What Damages Can I Recover After a Brake Checking Accident?

If you were injured in a brake-checking accident, you could be entitled to compensation for your damages. The exact amount will depend on the severity of the accident, your injuries, and other factors. 

Here are common types of damages a New York car accident law firm can help you recover:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Punitive damages

Speak With an Attorney If Your Car Accident Was Caused By Another Driver Brake Checking

If another driver’s decision to brake check you caused a car accident, you have legal options to hold them accountable. While proving fault in these cases can be tricky, we have the experience it takes to gather relevant evidence and build a strong case. 

At Morelli Law, our track record spans over 40 years, during which time we secured more than $1 billion in damages for our clients through settlements and lawsuits. Call us today to hear how our attorneys can help you pursue the compensation you deserve.