Car Accidents Caused by Brake Checking in Missouri

Ryan Bradley | January 12, 2023 | Car Accident

The list of car accident causes is a long one. Brake checking is among these causes. This driving behavior creates a dangerous environment for everyone on the road, most significantly, the individuals behind the negligent driver engaging in the act.

When you’re involved in a brake-checking accident, act quickly and consult with a qualified lawyer for assistance. 

Understanding Brake Checking

Brake checking is a common dangerous driving behavior. When a driver engages in brake checking, they purposely and suddenly slam on their brakes. Every driver’s reasoning for doing this is different, but in many cases, brake checking is done as a way to spook or scare the rear driver. Brake checking is often a response to tailgating. 

Tailgating is another common form of dangerous and aggressive driving. When a driver tailgates, they intentionally follow the front driver too closely. This is a significant problem. Missouri has traffic laws that prohibit drivers from following cars more closely than is reasonable and safe.

Brake checking puts drivers at risk of causing harm to themselves and others sharing the road. 

Car Accidents Caused by Brake Checking

Brake checking can cause different types of collision; however, a rear-ended collision is the most common kind of accident resulting from this driving behavior. 

Rear-end accidents occur when the rear driver crashes into the back of the front driver’s vehicle. While it might not sound like anything serious, rear-end collisions can be detrimental and harmful for both the front and back drivers. Not only can they cause extensive property damage or even totaled vehicles, but also severe injuries.

Rear-end collisions caused by break checking are entirely avoidable in many cases, making the situation much more aggravating. 

The Trouble with Brake Checking Collisions

While any accident claim can present challenges, rear-end accidents are among some of the most difficult, especially when they involve brake checking.

If you’re involved in a rear-end collision caused by the other party’s brake checking, that means the fault is with the other driver. Unfortunately, when it comes to rear-end collisions, the finger is most often pointed at the rear driver since it outwardly appears they caused the crash.

However, if you only collided with the vehicle in front of you because that driver was engaging in brake checking, you had minimal control over the situation. You may have had little to no time or space to make a safe stop, which resulted in your accident.

Therefore, it’s important to pursue justice for the wrong done unto you and seek compensation for your losses and harm. This can, however, be troublesome. For this reason, the help of an experienced car accident attorney is critical. 

Proving Liability for Brake Checking Accidents

Establishing the other party’s liability is one of the most significant tasks you’ll need to accomplish for your rear-end collision caused by brake checking.

Evidence can have a substantial impact on your case. Some of the evidence and documentation that could help you build your claim include:

• Police reports
• Witness statements
• Surveillance footage
• Traffic cam footage
• Medical records

You can gather some evidence yourself, but your car accident lawyer has a better understanding of the kinds of evidence you need to aid your case. They can request and obtain several pieces of documentation and evidence to help prove the other party’s fault and work toward a favorable outcome. 

Time Is Limited — Seek Legal Guidance

After a collision involving brake checking, do not hesitate to seek legal assistance as soon as you’re able. In Missouri, the time limit for accident claims is five years from the date of the collision. Failing to act within that time frame can result in your inability to pursue compensation for the other driver’s negligence. 

Having legal help can positively benefit your claim and result in a much better outcome. 

Contact Our Car Accident Law Firm For Help Today

For more information, please contact Bradley Law Personal Injury Lawyers at your nearest location to schedule a free case evaluation today.

St. Louis Office
1430 Washington Ave Suite #226 St. Louis, MO 63103
(314) 400-0000

Kansas City Office
1509 NE Parvin Rd, Suite A., Kansas City, MO 64116
(816) 408-3448

Or if you would prefer to reach out to us online, please visit our contact us page.