Anderson Injury Lawyers | June 28, 2023 | Car Accidents
Dallas is a large and busy city. In fact, it is the ninth-largest city in the United States. For this reason, it is common to encounter quite a few cars on the road and bumper-to-bumper traffic at all hours. This is one of the primary reasons car accidents happen so frequently in this area.
Vehicular collisions happen for many reasons, but dangerous driver behaviors are among the most common causes. Brake checking is one such risky behavior. If you are involved in a car accident caused by brake checking in Dallas, TX, speak with a qualified car accident lawyer right away for guidance and advice.
Understanding Brake Checking
Brake checking refers to a driver suddenly and aggressively slamming on their brakes when there’s no need to do so. Usually, when drivers brake check, they aim to startle or scare the driver directly behind them, often because of annoyance or road rage.
While there is no Texas law that directly mentions brake checking or makes the act illegal, reckless driving itself is illegal — and brake checking is an act that qualifies as reckless driving. The law in Texas defines reckless driving as the operation of a vehicle with willful or wanton disregard for the safety of others on the road.
Not only is brake checking reckless and therefore against the law, but it is also unnecessary and wrong. Putting others on the road at risk is never acceptable.
Brake Checking: What Kinds of Accidents Happen as a Result?
When a driver brake checks, they make it more difficult for the car behind them to have enough time and space to stop. This often leads to rear-end collisions, the most common type of car wreck.
A rear-end collision means a driver crashes directly into the back of the vehicle in front of them. While a rear-end crash may seem like a minor issue, it can cause substantial injury to both parties and lead to serious property damage.
Additionally, it’s not uncommon for rear-end accidents to result in multi-car pileups, complicating an already challenging situation. Drivers who brake check not only engage in the act to frighten and shock drivers behind them, but sometimes they do it to cause collisions intentionally so they can claim damages and wrongfully seek compensation.
Fault: The Challenge With Brake Checking Collisions
If you’ve experienced an accident caused by brake checking, you’ve likely crashed into the rear of the driver in front of you. With this situation comes a significant challenge: establishing the other driver’s fault.
While it is true that rear-end accidents are often caused by the driver in the back, that’s not the case every time. Still, if you’re the rear driver and are attempting to prove the other party is at fault for the rear-end collision, you’ll have the cards stacked against you.
It’s not impossible to establish the other driver’s liability; doing so will just require more time and effort. With strong representation and appropriate evidence, you can show the other driver’s fault and pursue financial recovery for your injuries and damages.
A Strong Legal Ally Can Assist With Your Brake Checking Accident Case
Collision claims for brake-checking accidents are tough to handle, especially if you’re entirely on your own. After a brake-checking collision, there’s no reason to handle your claim alone.
An experienced car accident lawyer can:
- Investigate your accident
- Determine the value of your case
- Establish the other party’s responsibility
- Fight aggressively to protect your rights and best interests.
After an accident, you have limited time to take legal action to recover for your harm and losses. Do not hesitate to speak with a Dallas car accident attorney as quickly as possible to begin working on your collision claim.