Car accidents can happen for many reasons, and one of the more dangerous driving behaviors that leads to serious collisions is brake checking. Brake checking occurs when a driver intentionally slams on their brakes suddenly to surprise or intimidate the driver behind them.
In North Carolina, brake checking can lead to accidents, injuries, and legal liability. If you’ve been involved in a car accident caused by brake checking, understanding the legal implications and knowing your options can help protect your rights.
Having an experienced attorney working with you can help you secure the compensation you deserve. With the help of an attorney, you can understand aggressive driving behaviors like brake checking and what to do if you’re involved in a brake-checking collision.
What Is Brake Checking?
Brake checking is when a driver suddenly and unnecessarily slams on their brakes. This is often a form of retaliation or intimidation against another driver. The goal is typically to cause the driver behind them to stop quickly, potentially leading to a collision.
This aggressive driving behavior is both dangerous and reckless. It places both the driver who is brake checking and the following driver at significant risk of a crash.
How Does Brake Checking Cause Car Accidents?
Brake checking can result in accidents in several ways. Most commonly, these accidents involve rear-end collisions. Below are some of the most common scenarios in which brake checking leads to accidents:
- Rear-end collisions: The most frequent result of brake checking is when the following driver cannot stop in time to avoid a crash. Rear-end accidents can cause significant property damage, injuries, and, in severe crashes, fatalities.
- Loss of control: If a driver is following too closely and suddenly has to slam on their brakes due to brake checking, they may lose control of their vehicle. This is especially risky when road conditions are wet or slippery.
- Multi-vehicle pileups: When a driver brakes suddenly, the vehicle behind them may hit them. This can cause a chain reaction where multiple vehicles are involved in a crash. These multi-vehicle accidents can increase the severity of the injuries and damages.
Brake checking is dangerous for all parties involved. It not only increases the chances of a rear-end collision but also raises the potential for more serious accidents, such as chain-reaction crashes involving multiple vehicles.
Is Brake Checking Legal in North Carolina?
In North Carolina, brake checking is illegal and considered a form of aggressive driving. North Carolina law prohibits any actions that endanger other drivers. This includes intentionally or recklessly causing a situation where a driver must make an abrupt stop.
A driver who brake checks another vehicle could be held liable through theories such as:
- Reckless driving: Under North Carolina law, reckless driving occurs when a driver willfully or wantonly disregards the safety of others. Brake checking is a clear example of reckless driving because it endangers other motorists and disrupts the normal flow of traffic.
- Negligence and liability: A driver who causes a car accident through brake checking can be held negligent. They may also be held liable for any injuries or damages resulting from the accident. The negligent driver may be required to pay for medical expenses, vehicle repairs, and other damages.
It’s essential to know that while brake checking is illegal, proving that a driver intentionally caused the accident can require substantial evidence. It’s crucial to document the incident and seek legal help if you’ve been involved in a brake-checking accident.
How To Prove Brake Checking in a Car Accident
If you’ve been involved in an accident caused by brake checking, it’s important to gather evidence to support your case. Below are key steps that can help prove that brake checking was the cause of the accident:
- Witness testimony: If other drivers or passengers witnessed the brake-checking behavior, their testimony can be vital in proving the negligent driver’s actions.
- Dashcam footage: If you have a dashcam or if there was a camera recording the incident, this can provide crucial evidence of the brake-checking behavior.
- Vehicle damage and positioning: The nature of the collision and the positioning of the vehicles can provide insight into whether the driver ahead was suddenly braking. A rear-end collision, for example, is a strong indication that the driver ahead may have suddenly braked without warning.
- Traffic camera footage: In some areas, traffic cameras or surveillance cameras from nearby businesses may have captured the incident, helping to prove the driver’s intent.
It’s important to collect all available evidence. This includes witness statements, photos, or videos. This will help you build a strong case against the driver who brake-checked.
What Should You Do if You’re Involved in a Car Accident Caused by Brake Checking?
If you’ve been involved in a car accident caused by brake checking, it’s important to take the following steps to protect your rights:
- Ensure safety: Check for injuries and make sure all parties involved are safe. Call 911 if anyone is injured.
- Document the scene: Take pictures of the accident scene, vehicle damage, and any visible injuries. This documentation can be critical in proving the cause of the accident.
- Get witness information: If there are any witnesses to the brake checking or the accident, make sure to get their contact information. Their testimony may be valuable in proving the other driver’s negligence.
- File a police report: Contact law enforcement and file an accident report. This will provide an official record of the incident and may help establish liability.
Lastly, if you were injured or if there is a dispute over fault, contact an experienced car accident lawyer. A skilled lawyer can help you navigate the legal process and fight for the compensation you are entitled to receive under North Carolina law.
Schedule a Free Consultation With a Personal Injury Lawyer Today
If you’ve been involved in a car accident caused by brake checking or any other form of reckless driving, contact a personal injury lawyer. Most firms offer a free, no-obligation consultation to discuss your case.
For help, contact Riddle & Riddle Injury Lawyers today to schedule your free case review. We are committed to helping you get the justice and compensation you truly deserve.
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers - Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
252-397-7400
Riddle & Riddle Injury Lawyers - Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
919-459-7855
Riddle & Riddle Injury Lawyers - Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
919-759-6963
Riddle & Riddle Injury Lawyers - Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
910-910-1860
Riddle & Riddle Injury Lawyers - Kinston Office
807 N Queen St, Kinston, NC 28501
252-397-0134
Riddle & Riddle Injury Lawyers - Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
704-781-7980
Riddle & Riddle Injury Lawyers - Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
336-395-5349
Riddle & Riddle Injury Lawyers - Durham Office
100 E Parrish St STE 200, Durham, NC 27701
919-925-6039
Riddle & Riddle Injury Lawyers - Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
910-387-0861
Riddle & Riddle Injury Lawyers - Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
910-889-3926
Riddle & Riddle Injury Lawyers - Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
336-396-6310
Riddle & Riddle Injury Lawyers - Garner Office
500 Benson Rd Suite 111, Garner, NC 27529