Brake checking is the aggressive practice of suddenly slamming on your brakes in front of another vehicle. Regardless of why a motorist may believe brake checking is justifiable, this dangerous maneuver can lead to devastating accidents. If you were injured in a brake check car accident in Texas, you have the right to take aggressive legal action against the at-fault driver and recover compensation for your medical care, vehicle repairs, and more. Make sure to speak with an experienced McAllen car accident lawyer.
What Is Brake Checking and Why Do Drivers Do It?
Brake checking occurs when a driver abruptly hits their brakes without a legitimate reason, forcing the vehicle behind them to react quickly to avoid a collision. The sudden deceleration gives trailing drivers little time to respond, often resulting in rear-end collisions that cause serious injuries and property damage.
This aggressive driving behavior typically stems from road rage or frustration with another driver’s actions. Some drivers brake check because they believe the vehicle behind them is following too closely, while others do it as retaliation for perceived slights like being cut off or honked at. Regardless of the motivation, brake checking is illegal in Texas and creates an unnecessary hazard on the road.
Injuries from Rear-End Brake Check Collisions
The sudden impact of a brake check collision can cause significant trauma to your body, even at relatively low speeds. The force of the crash throws occupants forward against seatbelts or into airbags, creating violent strain on muscles, ligaments, and bones.
Common injuries from brake check accidents include:
- Whiplash and other neck injuries
- Back and spinal cord injuries
- Traumatic brain injuries and concussions
- Broken bones and fractures
- Chest and abdominal injuries from seatbelts
- Facial injuries from airbag deployment
Proving Fault When Someone Brake Checks You
While rear drivers are often believed to be responsible for rear-end collisions, you can overcome this presumption when brake checking is involved. However, you will need to prove that the lead driver acted negligently and caused the accident through their reckless behavior.
To establish liability in a brake check accident case, you will need to prove the four elements of negligence:
- Duty of Care: Every driver has a legal obligation to operate their vehicle safely and follow traffic laws. When someone brake checks you, they violate this duty of care.
- Breach of Duty: The brake-checking driver breached their duty by intentionally slamming on their brakes. Dashcam footage, testimony from passengers, and accident reconstruction analysis can demonstrate that the driver’s actions were aggressive and unnecessary.
- Causation: You must show that the brake check directly caused the collision. Expert witnesses can analyze the timing and mechanics of the accident, while surveillance footage or electronic data from the vehicles can prove the lead driver’s sudden braking left you no reasonable opportunity to avoid impact.
- Damages: Finally, you must prove that you suffered losses in the accident, such as medical expenses, property damage, lost wages, and pain and suffering. Medical records, repair estimates, wage statements, and photographs of your injuries establish the physical, financial, and emotional harm you suffered.
Get Help Proving Your Brake Check Accident Case
Brake checking can create dangerous situations, and if someone else’s reckless behavior caused your accident, you deserve justice. De La Garza Law Firm uses dashcam footage, expert testimony, and thorough investigation to demonstrate how the other driver’s actions violated Texas traffic laws and put you in harm’s way. Contact us at (956) 586-5617 to speak with a Texas injury lawyer in McAllen and take your first steps toward financial recovery.
