Is brake-checking illegal?
Motor Vehicles Accidents - September 26, 2023
There can be times when a driver sharply stops their car for no reason. This practice is known as brake-checking. If you are involved in a brake-checking accident due to no fault of your own, a Chicago car accident lawyer can help you seek compensation from the at-fault motorist.
At Horwitz, Horwitz & Associates, we have plenty of experience with auto accident lawsuits in Illinois. If you want to hire a Chicago car accident attorney to help you with your brake-checking case, we’re here for you. To learn more, please reach out to us.
What is brake-checking?
Brake-checking occurs when one driver stops suddenly despite the fact that there is no imminent danger. When the driver stops, a motorist traveling in a vehicle behind them is forced to respond quickly. In this scenario, the motorist risks getting into a rear-end accident with the vehicle in front of them.
Why do people brake-check?
Road rage is one of the most common reasons why motorists brake-check. Even though most motorists do everything in their power to avoid road rage and aggressive driving behavior, some don’t. If a driver believes the motorist in the vehicle behind their car is traveling too closely, they may get angry and repeatedly press down on their brakes to annoy them.
In addition, drivers sometimes brake-check as part of “crash-for-cash” schemes. For example, a driver may tap the brake pedal repeatedly in the hopes that the motorist in the vehicle in the back of them will slam into the car. At this point, the driver who stopped quickly may claim they were injured and ask for money from the other driver or their insurance company.
Is it illegal to brake-check?
Brake-checking is illegal in most U.S. states. This is due to the fact that a driver put themselves and others in danger if they slam down on the brakes for no reason. In one of the worst-case scenarios, a negligent driver can brake-check and cause a fatal car accident.
Is brake-checking illegal in Illinois?
It is against the law to brake-check in Illinois. This act can be considered reckless driving if a motorist did not have prior knowledge that their actions could harm or kill another driver. However, proving brake-checking in Illinois can be difficult.
Following an auto accident, evidence must show that a motorist was intentionally slamming on the brakes, which led to the incident. In a car accident lawsuit, photos, videos, and witness statements can be used as evidence to show a driver was checking their brakes and driving recklessly. A Chicago auto accident lawyer can help their client gather and evaluate evidence to support their claim that an at-fault party was checking their vehicle’s brakes.
Who’s at fault in a brake-check accident?
In a rear-end collision, the driver who was pressing down on their vehicle’s brakes may be responsible. Or, if one motorist was tailgating while the other was checking their brakes, they may both be held partly accountable. Every auto accident case is different, and a judge or jury will review evidence and testimony from all parties involved to determine who is responsible.
How much money can I get in a brake-checking accident case?
The amount of money that you can get in a car accident case in which the defendant was checking their vehicle’s brakes depends on several factors, including:
- The severity of your injury
- Damage to your vehicle
- Lost wages
To boost your chances of securing a fair settlement, it pays to partner with an experienced Chicago car accident lawyer. You can hire an attorney who has a track record of helping their clients get the best case results. This attorney will advocate for you, make sure that your legal rights are protected, and ensure that you present a compelling argument.
How can I file a brake-check car accident claim?
The team at Horwitz, Horwitz & Associates, can help you with your auto crash claim. To request a free consultation, please contact us online or call us at (800) 985-1819.
