Who Is Liable For a Brake Check Accident?

When an aggressive driver suddenly slams their brakes in front of you, those split seconds can change your life. The resulting collision can cause serious injuries, substantial property damage, and leave you wondering who’s going to pay for the aftermath. While the driver who brake checked you may have triggered the crash through their reckless behavior, determining liability isn’t always straightforward.

What Are Brake Check Accidents and How Do They Happen?

Brake checking occurs when a driver intentionally and abruptly applies their brakes to intimidate or retaliate against another vehicle following behind them. This dangerous maneuver often stems from road rage, aggressive driving, or an attempt to force a tailgating vehicle to back off. The sudden deceleration leaves the following driver with little to no time to react, often resulting in a rear-end collision.

Sometimes brake checking escalates from minor traffic disputes, such as one driver cutting off another or failing to signal a lane change. The brake-checking driver uses their vehicle as a weapon, creating a hazardous situation that endangers everyone on the road.

Aggressive Drivers Can Be Held Liable for Brake Checking 

Often, we assume that the rear driver is at fault in a rear-end collision. However, brake-checking can change this equation. When you can prove the front driver intentionally caused the accident through brake checking, they can be held responsible for your damages. Evidence such as dashcam footage, witness statements, or the aggressive driver’s own admission can demonstrate their reckless behavior.

Courts and insurance companies consider factors like the front driver’s intent, the reasonableness of their actions, and whether they created an unreasonable risk of harm. If you can establish that the other driver’s brake-checking was deliberate and dangerous, you could hold them accountable for your injuries and losses.

Compensation for Victims of Brake Check Accidents in Utah

Utah operates under a no-fault system for car accidents, including collisions that involve brake-checking. Drivers must carry at least $3,000 in personal injury protection (PIP) coverage, which pays for your medical bills, lost wages, and other accident-related expenses regardless of who caused the crash. PIP coverage is typically your first line of defense after a brake check accident.

However, you can step outside the no-fault system and pursue the brake-checking driver directly if your medical bills exceed $3,000 or if you suffered serious injuries such as permanent disability, impairment, disfigurement, or dismemberment. By filing a lawsuit or third-party insurance claim, you can recover compensation for your full spectrum of damages, such as pain and suffering.

Get Legal Help for Your Brake Check Accident Today

Brake check accidents can be scary, and proving liability can be difficult. You need to consider factors like the intent behind the brake-checking behavior, whether adequate following distance was maintained, and the sequence of events leading up to the collision. A Utah car accident lawyer can be your guide and advocate in these challenging situations.

From gathering evidence to building a case that paints a complete picture of fault, your auto accident attorney in St. George will stop at nothing to secure the compensation you deserve. After seeking medical care for your injuries, schedule a free legal consultation and start planning your path forward.