What Happens if Someone Brake-Checked Me and I Hit Them?

The car in front of you slams on their brakes unexpectedly. Generally, this is an annoyance, but sometimes, this type of behavior can lead to a rear end collision.

Therein lies the complications. Most of us have heard and understand that a rear driver is usually at fault in these types of incidents, but what happens if the front driver slammed on their brakes on purpose with the intention of either sending a warning to the rear vehicle or actually causing an accident?

Define Brake-Checking

Brake-checking is a dangerous driving behavior where a driver intentionally slams on their brakes in an attempt to startle or force the driver behind them to slow down or back off. This often happens in situations where the front driver feels that they are being tailgated or followed too closely. However, this action is not just reckless; it is illegal and can have severe consequences.

Brake-checking can cause significant accidents, particularly if the rear driver is unable to stop in time to avoid a collision. These incidents can lead to serious injuries, significant vehicle damage, and complex legal disputes. While Connecticut law generally holds the rear driver responsible in a rear-end collision, the situation can become more complicated if there is evidence that the front driver engaged in brake-checking.

What if This Happens to You?

If you have been involved in a collision caused by brake-checking, it is important to understand your rights and the steps you should take. Here is what you need to know:

1. Proving Brake-Checking Occurred:

In most rear-end collisions, the driver of the rear vehicle is presumed to have caused the incident because they are expected to maintain a safe following distance. However, if you believe the front driver brake-checked you, it is crucial to gather evidence that supports your claim. Some ways to prove that brake-checking occurred include:

• Dashcam Footage: If you have a dashcam installed in your vehicle, this footage can be invaluable in showing that the front driver slammed on their brakes unexpectedly.
• Eyewitness Testimony: Witnesses, whether they are passengers in your vehicle or bystanders, can provide statements that support your version of events.
• Surveillance Cameras: Nearby businesses or homes may have security cameras that captured the incident. This footage can be requested to help prove that the front driver’s actions were intentional.
• Police Report: After the collision, it is important to call the police to the scene. The responding law enforcement officer will create an accident report, which may include details about the positions of the vehicles, statements from both drivers, and any evidence of reckless driving.

2. Fault Determination:

Determining fault in a brake-checking incident can be complicated. While the rear driver is often presumed to be at fault in a rear-end collision, Connecticut law recognizes that there are exceptions. If you can provide evidence that the front driver’s actions were reckless and intentionally caused the collision, the fault may shift to the front driver or be shared between both parties.

In Connecticut, the comparative negligence rule may apply, meaning that if both drivers are found to be partially at fault, the compensation you are entitled to could be reduced by your percentage of fault. For example, if you are found to be 30% at fault and the front driver 70%, your compensation would be reduced by 30%.

3. Seeking Compensation:

If you were brake-checked and it caused a collision, you may be entitled to compensation for your injuries and damages, including:

• Medical Expenses: This includes emergency room visits, surgeries, rehabilitation, and any other necessary medical treatment resulting from the collision.
• Lost Wages: If your injuries prevent you from handling work-related duties, you may be entitled to compensation for lost income, including future earnings if you are unable to return to work.
• Vehicle Repairs: You can seek compensation for the cost of repairing or replacing your vehicle if it was damaged in the collision.
• Pain and Suffering: You may also be entitled to monetary compensation for the physical pain and emotional distress caused by the accident.

4. Legal Assistance:

Navigating the complexities of a brake-checking case can be challenging, particularly when it comes to proving that the front driver was at fault. Working with an experienced car accident attorney in Connecticut is essential. An attorney can help you gather evidence, negotiate with insurance companies, and ensure that your rights are protected throughout the process.

Being involved in an accident caused by brake-checking can be both frustrating and frightening. While Connecticut law generally places fault on the rear driver in a rear-end collision, there are exceptions when the front driver’s reckless behavior is to blame. If you find yourself in this situation, it is crucial to take the necessary steps to protect your rights and seek the compensation you deserve.