Brake Checking Can Lead to Serious Car Accidents By Gary Zucker on July 21, 2020

A car accident and a woman talking on her phone When a car accident occurs, car insurance companies will look for ways to pay as little as possible for injuries and damages. Our car accident lawyer can help clients deal with insurance companies and get them the compensation they deserve. 

Insurance companies seek to establish fault in car accidents in order to determine settlement amounts. Sometimes both parties have some responsibility in the accident. Brake checking in retaliation for tailgating is a prime example. The attorneys of Zucker & Regev, P.C. in Brooklyn, NY are experienced in car accidents and brake checking. During your consultation we will discuss what you should know if you're involved in a brake checking accident. 

Brake Checking Is Dangerous

Tailgating, or following too closely behind a car is dangerous, but brake checking, a counter measure some people take against tailgaters, can be just as dangerous. Both are forms of aggressive driving. 

Brake checking is when a driver quickly hits the brakes in an effort to force a tailgating driver to increase his or her following distance. 

People who brake check may believe doing so is for their own safety, but it can actually increase the risk of an accident, potentially resulting in serious injuries or fatalities. Abruptly braking can cause a rear end collision if a tailgating driver is following too close to brake in time or is not paying attention. This could even cause a chain reaction and lead to a multiple car pileup. 

Because of the dangers of brake checking, in some states, it can be considered assault with severe penalties, including jail time.  

Determining Fault

Many drivers brake check under the assumption that the tailgating driver will bear the responsibility if he or she hits them. The reality is both drivers can be held at fault or the brake checking driver may be held solely liable. 

When brake checking is determined to be the cause of an accident, the brake checking driver may be held entirely responsible for an accident, even if the person who hit them was tailgating.  

Avoid Brake Checking Accidents

Brake checking puts people in Brooklyn at risk and is not an appropriate response to tailgating. The best way to avoid brake checking accidents is to not practice brake checking when followed by a tailgater and to not tailgate other drivers. 

Instead of brake checking a tailgating driver, it is better to switch lanes (when safe) to allow the tailgating driver to pass. 

Avoid tailgating by maintaining sufficient following distance when driving behind other vehicles in order to give yourself enough time to safely brake or react to other drivers. Generally, a three-second following distance is sufficient but should be increased when road conditions, such as icy or wet roads, would require more time to safely brake. 

Contact the Attorneys of Zucker & Regev, P.C. 

If you live in or around Brooklyn and have been injured in a brake checking accident, call (718) 624-1211 to schedule a consultation with the attorneys of Zucker & Regev, P.C. to learn more about your legal options. 

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The Zucker & Regev team

Zucker & Regev, P.C. Personal Injury & Medical Malpractice Lawyers

At the Law Firm of Zucker & Regev in Brooklyn, NY, we represent victims of negligence, medical malpractice, wrongful death, and other personal injury cases with dozens of verdicts worth over $1 million. Our attorneys are affiliated with:

  • The American Bar Association
  • The New York State Bar Association
  • The Brooklyn Bar Association
  • The American Trial Lawyers Association
  • The New York State Trial Lawyers Association

If you are the victim of a personal injury or medical malpractice case, we want to help you. Schedule a consultation today by contacting us online or calling (718) 624-1211.

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