If you are involved in a brake checking crash, you should prioritize safety, call emergency services if needed, document the scene, exchange information with the other driver, and seek medical attention for any injuries. It is also important to report the accident and preserve any evidence that may help establish what happened.
These steps are especially important because accidents caused by brake checking can raise complex questions about fault and liability. Brake checking occurs when a driver intentionally slams on the brakes or slows abruptly to intimidate or provoke another motorist, increasing the risk of a rear-end collision and other serious crashes.
The actions you take after the collision can affect both your health and your ability to pursue an insurance claim or legal case. By responding carefully and gathering the right information, you can protect your rights while creating a clear record of the events leading up to the crash.
What Should You Do Immediately?
If the vehicles can be driven, move them to a safe location and check for injuries. If anyone is injured, traffic is blocked, or the other driver is acting aggressively, call 911 immediately.
Share insurance & contact details; do not take responsibility or argue with the driver. Request witness information, including names and contact information, and take some photographs of vehicles, roadway, vehicle damage, and skid marks.
How Can You Prove Brake Checking?
When drivers provide conflicting accounts of what happened, evidence can play a critical role in determining fault. If the other driver intentionally slowed down or suddenly applied the brakes, it may be important to document and demonstrate the events that occurred leading up to the crash.
Collect:
- Video from dash cam or nearby cameras.
- Position, damage, and roadway photos of vehicles.
- Name(s) of witnesses, contact information, and statements.
- Police and insurance records and pertinent messages.
- Medical records of injuries resulting from crashes.
Do not delete any dashcam footage or phone videos. These recordings may capture critical moments before the collision, such as the lead vehicle accelerating, repeatedly decelerating, or engaging in other aggressive driving behavior.
Who May Be Responsible?
Liability depends on the facts of the case and the applicable state law where the crash occurred. Following too closely or failing to maintain a safe stopping distance can be a driver error on the part of the rear vehicle, but that does not automatically make the front driver free from fault.
When determining fault in a collision, it may be important to consider whether a driver intentionally braked without a legitimate traffic-related reason. Traffic laws vary from state to state. Evidence such as citations, witness statements, video footage, vehicle damage, and driver statements may help establish what occurred.
What Should You Do Next?
After a brake-checking crash, the steps you take in the hours and days that follow can affect your health, insurance claim, and ability to establish what happened. Therefore:
- Get immediate medical attention if you experience pain, dizziness, headaches, or other symptoms.
- Report the incident and obtain the incident number.
- Keep photos, videos, receipts, insurance correspondence, and medical records.
- Notify your insurance company and provide the necessary information.
- Record the events that occurred before, during, and after the impact in a written timeline.
Even when another driver behaves recklessly, maintaining a safe following distance remains important.
Key Takeaways
- Put yourself in a safe place and see if anyone is injured.
- Report the crash as necessary or applicable.
- Make notes about the other party’s conduct prior to the collision.
- Keep dashcam & surveillance video.
- Don’t assume that it is the rear driver’s fault.
