It’s a common misconception that the rear driver in a rear-end collision accident is always liable for the damages in a Washington car accident, but what if the rear-end collision was caused by brake checking?
Being brake checked can quickly go from frustrating and irritating to dangerous and frightening. In the worst cases, it causes a rear-end collision. Ultimately, brake-checking is a symptom of road rage and leaves the responsible driver liable for the resulting damages. Make sure to speak with an experienced Lake Stevens accident attorney for legal guidance.
What Is Brake-Checking, and How Does It Cause Car Accidents?
Brake-checking is the term typically used to describe a road-rage behavior in which one driver cuts in front of another and then intentionally taps their brakes, once or repeatedly. Less commonly, brake-checking occurs between friends who irresponsibly tease each other on the road. The angry, frustrated, or taunting driver may brake-check only once, or may continue to accelerate, tap or slam on their brakes, and repeat the action, causing frustration and substantial danger to the driver in the rear.
Brake-checking is a dangerous driving behavior that causes car accidents and leaves the brake-checker responsible for damages caused by a rear-end collision.
What Types of Injuries are Caused by Brake-Checking Accidents In Washington?
It’s common to think of a rear-end collision as little more than a fender bender, but rear-end collisions cause about 3,300 car accident fatalities annually in the U.S., and hundreds of thousands of injuries. Injuries can occur in rear-end collisions even at low speeds. One of the most common injuries caused by rear-end collisions is whiplash. Whiplash occurs when a motorist’s body is propelled forward from the crash force of an accident and then snaps back when the seatbelt locks into place. This makes the motorist’s head move back and forth in a rapid whip-like motion, overexending the soft-tissue structures in the neck. Whiplash causes severe pain, loss of range of motion, headaches, and sometimes neurological issues.
Other injuries in rear-end collisions include airbag injuries to the face and upper body, wrist fractures, knee injuries, and traumatic brain injuries.
Liability In Washington Brake-Checking Accidents
When a driver intentionally slams on their brakes in front of another driver, or repeatedly taps their brakes to force a response from the rear driver, they are liable for any damages due to their reckless driving behavior. Proving liability in brake-checking accidents requires demonstrating the following:
- The at-fault driver owed a duty of reasonable care to the injury victim, as all drivers do to others on the road
- They breached this duty of care due to reckless driving (a type of legal negligence)
- The breach of duty caused injury
- The injury victim suffered damages from the injury
A successful claim against the brake-checking driver’s damages could result in compensation for past and future medical expenses, lost earnings, diminished future earning ability, and pain and suffering. Under Washington RCW 4.22.070, any party who causes or contributes to an accident is liable for damages.
How Can a Washington Car Accident Lawyer Help After a Brake-Checking Accident?
Because liability in most rear-end collisions rests with the driver in the rear vehicle, it often takes compelling evidence to prove that the front driver was brake-checking and caused the accident. A car accident lawyer investigates all aspects of the accident, speaks to eyewitnesses, examines the police report, and consults with accident reconstruction experts to prove liability. Call the Lake Stevens injury attorneys at Wells Trumbull to represent your best interests if you’ve been injured in an accident caused by another driver’s brake-checking. Contact us for a free consultation.