Kenny Habetz Injury Law | April 12, 2024 | Car Accident
Brake checking is aggressive driving that can cause car accidents. It’s a dangerous practice that frequently results in injuries and property damage. Brake checking can also put the driver at risk of liability, fines, and even criminal charges.
Here’s an overview of brake checking and your rights if you’ve been injured in a car accident caused by brake checking. And, after a crash, contact a personal injury lawyer for a free consultation to review your legal options for compensation.
What Is Brake Checking?
Brake checking happens when a driver intentionally brakes hard for no apparent reason. Usually, when a driver slams on the brakes, it’s to avoid hitting something else. Brake checking happens when a driver slams on the brakes for no reason besides irritating or intimidating the driver behind them.
Drivers usually brake check when they think another car is tailgating or following them too closely. To get the driver to back off, the front driver will slam on the brakes. While sometimes this simply irritates the driver or sends the message to back up, it can lead to a car accident.
Accidents Caused by Brake Checking
While brake checking is usually just intended to anger or irritate another driver, the practice often leads to accidents. The most common type of accident is a rear-end collision. That said, brake checking can also cause a rear driver to swerve, causing an accident with other cars, people, or physical property.
Rear-End Collisions
Brake-checking most frequently leads to a rear-end collision. In a rear-end accident, the rear driver slams into the car in front of them. These accidents usually result in property damage and injuries.
Fortunately, rear-end collisions are generally less dangerous than other types of car accidents and result in fewer fatalities and serious injuries. Even so, both drivers and passengers can be injured in rear-end accidents.
Injuries From Rear-End Collisions
Whiplash is the most common injury from rear-end accidents. Whiplash is a neck and back injury caused by sudden movement forward and backward. Whiplash is a broad term that can include neck sprains, neck strains, and herniated discs.
Symptoms of whiplash include:
- Inflammation
- Neck pain and stiffness
- Decreased range of motion
- Weakness
- Numbness in arms
- Headaches
- Dizziness
- Fatigue
While whiplash is the injury most associated with rear-end accidents, concussions and fractured bones are also common injuries. A concussion occurs when the brain is jostled due to impact or an extreme whipping motion, causing the brain to swell. Concussions can lead to confusion, amnesia, headaches, and clumsiness.
Additionally, rear-end accidents can create enough force to cause fractured bones, most frequently bones in the face, hands, or arms. In more serious accidents, the impact and forward-backward motion can result in fractured vertebrae.
Who Is Responsible for Brake Checking Accidents?
In Louisiana, the rear car is presumed responsible for a rear-end collision. However, there are exceptions to this rule. When a driver is negligent or reckless, courts will find them at fault for the accident.
Louisiana courts have found brake-checking to be a type of road rage, and courts consider road rage to be reckless and dangerous driving. This type of driving is illegal, and courts hold drivers responsible for damages caused by reckless driving.
The challenge for accident victims is proving that the front driver was brake-checking. An experienced lawyer knows how to do this. Here are some examples of evidence your lawyer will use to prove brake checking:
- Police reports and accident reports
- Eyewitness testimony
- Video evidence from CCTV, dashcams, or smartphones
- A driver’s history of reckless driving
Other types of evidence may be available as well, depending on the circumstances of the case.
Contact the Louisiana Car Accident Law Firm Of Kenny Habetz Injury Law for Help Today
If you’ve been injured in a car accident, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana car accident lawyer or contact us online. We have offices in Crowley and Lafayette, LA.
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
