Car Accidents Caused by Brake-Checking in Pennsylvania

Brake checking is an aggressive driving behavior that has led to countless accidents across Pennsylvania. It happens when a driver slams on their brakes to surprise or intimidate the car behind them. Some drivers may think of brake-checking as a way to “teach a lesson,” but this is dangerous and can lead to severe injuries and worse. Victims of brake-checking often wonder what to do next and how they can prove the other driver was at fault. Today, we want to discuss what brake-checking is and why it’s so dangerous, as well as what you can do if you’ve been injured in a brake-checking accident.

What is brake-checking?

Brake-checking typically happens during road rage situations or when drivers have frustrations. It often occurs when one driver feels another is following too closely (tailgating). To retaliate, the lead driver will slam on their brakes without warning, forcing the following driver to react quickly in order to avoid a crash.

However, the reaction time for the trailing driver is often too short, leading to a rear-end collision. The driver who initiated the brake check may attempt to shift blame, claiming the following car was driving too close or not paying attention. This behavior not only endangers both drivers but also any passengers and nearby motorists.

Why is brake-checking so dangerous?

Brake-checking can put everyone on the road at risk of an accident. Here’s why it’s such a dangerous driving behavior:

• A brake check leaves the following driver with little to no time to react. Even if they hit the brakes immediately, the vehicle may not stop fast enough to avoid a collision.
• On busy roads and highways, brake-checking incidents can cause a chain-reaction crash involving multiple vehicles. These types of pileups can result in severe injuries and property damage.
• If the trailing driver is distracted – perhaps checking their phone or adjusting the radio – they’re even less likely to be able to react in time to avoid a collision.
• Brake-checking at highway speeds is particularly hazardous because it increases the likelihood of serious injuries or fatalities.

Is brake-checking illegal in Pennsylvania?

Here in Pennsylvania, brake-checking falls under reckless driving, which is a violation of traffic laws. Reckless driving is operating a vehicle in a way that represents a wanton or willful disregard for the safety of others.

In Pennsylvania, reckless driving results in penalties like fines, points on your driver’s license, or even a license suspension. If the brake-checking leads to a serious accident, the at-fault driver could face additional charges, including civil liability for damages and injuries.

How do I prove fault in a York brake-checking accident?

One of the hardest parts of a brake-checking accident is proving that the lead driver was at fault. Pennsylvania follows a modified comparative negligence system, which means that the court takes into consideration each party’s level of fault when determining compensation. If you’re found more than 50% at fault for the accident, you may not be able to recover damages. Our York car accident attorneys work to minimize your role in the accident.

Here are some ways we can prove fault in a brake-checking accident.

• Dashcams are invaluable in these types of cases. If your vehicle has a dashcam, it may capture the brake-checking incident, providing clear evidence of the lead driver’s behaviors.
• Passengers, other drivers, or pedestrians who witnessed the accident may provide statements to support your claim.
• In some cases, we may bring in experts to analyze the accident scene, vehicle damage, and other evidence to reconstruct what happened and establish fault.
• Footage from nearby traffic cameras or surveillance systems may also help demonstrate that the other driver engaged in brake-checking that caused the collision.

What are common injuries from brake-checking accidents?

Brake-checking accidents can result in a wide range of injuries. Common ones include:

• The sudden jolt from a rear-end collision often causes severe whiplash, which can lead to chronic neck and back pain.
• Drivers and passengers may hit their heads on the steering wheel, dashboard, or headrest, leading to concussions or traumatic brain injuries.
• The impact of the collision can cause herniated discs, fractures, or other spinal cord injuries.
• Arms, legs, ribs, and other bones may break because of the forces involved in the crash.
• Sprains, strains, bruises, and lacerations are also common in brake-checking accidents.

What should I do after a York brake-checking accident?

If you or a loved one have been injured in a brake-checking accident, it’s important to take the following steps to protect your rights and build a strong case:

• Prioritize your safety and health by checking for injuries. If anyone is injured, call 911.
• Call the police. A police report can be important in documenting accident details.
• Take photos of the accident scene, vehicle damage, and visible injuries. If there were any accident witnesses, collect their contact information.
• Even if you don’t feel injured, see a doctor. Some injuries, like whiplash or concussions, may not immediately show symptoms. Your medical records will also be helpful in demonstrating your injuries.
• Contact a York car accident attorney. At KBG Injury Law, we can help you work through the legal process, gather evidence, and negotiate with insurance companies to help secure fair compensation for your injuries.

How can your car accident attorneys help with my claim?

Our experienced car accident lawyers understand the challenges of dealing with brake-checking accidents. Here’s how we can assist you:

• We can gather evidence, interview witnesses, and work with experts to build a strong case on your behalf.
• We handle negotiations with the insurance company to ensure you receive the compensation you deserve. Insurance adjusters often try to downplay the severity of your injuries or even shift blame onto you. We can help.
• If a fair settlement can’t be reached, we’re always prepared to take your case to court and fight for your rights.
• We can also pursue compensation for medical bills, lost wages, pain and suffering, and other damages to help you fully recover from the accident.

How can I prevent brake-checking accidents?

It’s true that you can’t control other drivers’ behaviors. However, there are steps you can take to reduce the risk of being involved in a brake-checking accident:

• Always keep a safe distance between your car and the vehicle in front of you. This gives you more time to react if the leading driver suddenly brakes.
• Avoid engaging with aggressive or reckless drivers. If someone is driving erratically, it’s best to back off and avoid escalating the situation.
• Installing a dashcam in your vehicle can provide valuable evidence in the event of an accident.
• If you encounter a driver engaging in brake checking or other dangerous driving behaviors, report them to the police.

If you or someone you love has been injured in a brake-checking accident in Pennsylvania, don’t wait to take action. At KBG Injury Law, we’re committed to fighting for justice and securing the compensation you deserve. Please call our offices or submit our contact form today to schedule a free consultation.