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I Was in an Accident Caused by Brake Checking… What Are My Options?

Posted on June 4, 2019 in

Road rage comes in many forms – one of them is brake checking. Brake checking is a dangerous practice some drivers use to influence, or even joke with, other passenger cars on the road. If done recklessly, brake checking can cause car accidents and rear-end collisions, posing serious threat to those involved.

What is Brake Checking?

Brake checking is the illegal action of suddenly activating your brakes with the intent to surprise the car behind you. Drivers brake check for several different reasons, all with the intent of provoking some sort of emotion out of the driver they are brake checking. One reason cited for brake checking places blame on the rear driver for driving too close to the vehicle in front of them. Though this habit is annoying to some, brake checking to address it will only cause damage and potential injury to both parties.

Who is at Fault?

Brake checking is primarily a type of road rage motivated by anger. In some cases, young drivers brake check their friends for fun, resulting in serious collisions. In either context, brake checking is intentional, which is a key factor in determining who is at fault. Though this may earn some leverage in a legal setting, either driver could realistically hold any percentage of the blame. It depends on the specific context of your accident, and whether you were driving aggressively as well, that determines how much blame either party possesses.

How Can You Prove a Brake Check?

 Without a dash cam, it can be hard to hold solid proof that a car was brake checking you. Video footage provides the best form of proof because it physically shows what happened. Witness statements are the second most effective form of evidence in supporting your claim because they provide a third-party account of the event. Outside of these external methods of verification, either drivers’ claims lack the support of any other form of evidence.

Common Car Accidents Caused by Brake Checking

The most common car accident caused by brake checking is the rear-end collision. Because the lead car spontaneously activates their brakes, the car behind doesn’t always have the time, or reaction time, to stop properly. In environmental contexts with low visibility or other road hazards, brake checking is more likely to cause rear-end collisions. No matter the context, rear-end collisions can pose serious injury to the passengers of the vehicle being brake checked.

Who Pays for the Damage?

Depending on your state’s insurance laws, either your personal insurance company or the at-fault driver’s insurance company will pay for the damage. Nevada follows a fault-based insurance system and a Las Vegas car accident attorney will make sure you know all of your rights. All registered drivers must possess liability insurance minimums:

  • $10,000 in property damages
  • $15,000 in bodily injuries when only one person is hurt
  • $30,000 in bodily injuries when more than one person is hurt

The at-fault driver must possess insurance that covers these minimums in the case they cause an accident.

In Nevada, for all car accidents that result in injury or death, a driver has 10 days to submit a report of a traffic accident to the Department of Motor Vehicles (DMV). This form asks for information that is similar to a personal injury claim. If you choose to file a lawsuit with the local court, a driver has two years from the date of the incident to file their claim. When filing a car accident lawsuit in Nevada, the requirement is that you must submit both the DMV form and your personal injury claim.

Filing a personal injury report can help cover additional damages caused by the accident. Again, the burden of proof is necessary to push your case to success. Hiring a Las Vegas injury lawyer might be the best option even if you only request a free consultation to see if your case is viable.