Brake checking is a sudden move by the driver who intentionally hits the brakes. It is generally considered an aggressive driving approach which people often do with their friends or someone they know just for fun. In some cases, it has also been a means of committing insurance fraud. If you have met a Philadelphia, PA Car Accident due to someone’s brake checking, you have all rights to make them liable for your indemnities. According to recent stats, road rage plays a role in 54% of all fatal motor vehicle crashes in the United States.
What is the Purpose of Brake-Checking?
The heavy traffic on Philadelphia roads can be frustrating for even the most patient driver. Some people get aggressive and become victims of road rage, which may cause dangerous accidents that result in serious injuries or even death. Brake-checking means hitting the brakes, so the other driver could not stop to avoid a rear-end collision. Brake-checking usually has two purposes; the driver wants to intimidate the other driver or commit insurance fraud.
What Happens When You Brake-Check Someone?
Brake checking is an action in which you hit the brakes all of a sudden while a vehicle is driving behind you. The driver’s attention is evident that they wanted to slam the car following them, which caused a car crash. When such car crashes occur, the driver who slammed the car is found guilty, and they have to bear the consequences, and the driver whose car has been slammed is the unaccountable party. However, there are no specific laws for brake-checking, calling it an illegal activity and often considered aggressive driving or road rage. Therefore, a person who has caused a car crash due to brake checking should be at fault.
How to Prove Someone Guilty for a Brake-Checking Collision?
It might be difficult to prove yourself a victim because the driver at fault can accuse you of tailing. However, some important points might help to prove the car crash has been caused by someone else. Some useful evidence could be:
- A police report
- Witness statements
- Verification from an accident reconstruction expert
- A surveillance cameras footage
It is important to collect as many pieces of evidence as you can from the scene of an accident without any delay while keeping yourself safe. It means that you should take pictures of your vehicle after a car crash, talk to the people who have witnessed the collision, and get the police report from the respective law enforcement officer.
How to Recover Compensation after a Philadelphia, PA Car Accident?
Regardless of proving someone guilty for a brake-checking collision, Pennsylvania drivers should still be able to claim compensation for their medical bills and lost wages through their insurance companies. It would be best to keep in mind that Pennsylvania is a no-fault state, which means that firstly drivers should be compensated by their own insurance company. If their car or health damages exceed the limit of their policy, they may have the option to get compensation from the liable party’s insurance. Unfortunately, some insurance companies do not provide compensation for non-economic damages such as pain and suffering, so you must approach an experienced attorney who will be able to help you get full compensation for your damages.
Would the Insurance Company Try to Deny Liability?
Your insurance company may try to deny the liability by giving excuses such as it’s not their policy to cover intentional actions like brake-checking accidents. Even though the driver has the right to refuse liability coverage for a driver who purposely injured someone, your attorney should be prepared to argue that although the person deliberately smashed on their brakes, they might not intend to cause injuries to someone else.
The insurance company can also blame you for the accident by claiming that you were tailing their insured driver. This argument seems to be more difficult to counter and may reduce the value of your claim. In Pennsylvania, drivers who are found to some extent at fault for a car crash due to brake-check may still be able to recover reduced compensation, so long as they are less than 50 percent at fault for the accident.
If you were injured in an accident due to someone else’s carelessness, you have the right to get compensation for your damages. This includes car crashes caused by a driver who brake-checked you. We have well-experienced attorneys who build strong cases for compensation on behalf of our clients who are suffering due to a Philadelphia, PA Car Accident.