It's easy to become frustrated while on the road. Many drivers unfortunately engage in reckless actions. However, there are some cases when one driver might act recklessly in response to the other driver and an accident might result. Under these circumstances, you might wonder who is liable for the accident.
An Example of Reckless Behavior
When you are tailgating another driver, that driver might decide to engage in "brake checking." This is when the driver slams on their brakes as a way to deter the other driver from speeding. However, the act of brake checking could make it difficult for you to stop in time and you might collide with the other vehicle.
Brake checking can be very dangerous for the other driver involved. While the driver engaged in brake checking might suffer from a rear-end collision, the tailgating driver is more likely to suffer a more serious front-impact collision.
Liability with a Brake Checking Accident
In some states, the driver has not committed a crime by engaging in brake checking. However, this action can be considered reckless and can be factored into the extent to where each driver might be considered responsible for the accident. In other states, brake-checking is considered a form of dangerous driving and is a crime.
The more evidence you can gather after the accident, the easier it will be to bolster your case. For example, you will want to gather surveillance footage, witness testimony, and a police report. The evidence may be able to show that the driver was brake-checking and that your tailgating wasn't as serious as claimed.
Why You Need Help from an Attorney
Insurance providers will do everything they can to reduce a payout after an accident. The other driver's insurance provider might argue that the act of braking was done for a different purpose and was not an act of brake-checking. If you can prove that the driver was brake-checking, the insurance provider might try to limit your compensation based on the fact that you were tailgating.
A car accident attorney can handle the negotiation process for you while you can focus on your recovery. By focusing on recovering as much as possible, you will be able to show that you did not contribute to your injuries. Your attorney can also help you make sure that you have calculated all of your damages so you can receive full compensation for your injuries.