Car Accidents Caused by Brake Checking in Pennsylvania

August 20, 2022 | Car Accidents

Car Accidents Caused by Brake Checking in Pennsylvania

While frustrating, some car accidents are out of a driver’s control. But many times, car accidents occur due to a driver’s wrongful or unnecessary actions. 

Brake checking is one such wrongful act that puts drivers and others on the road at risk. If a driver brake checks you and causes a collision, consult with a Pennsylvania car accident attorney.

What Is Brake Checking?

Brake checking frequently happens when drivers become aggressive or get impatient. It involves slamming on the brakes to intimidate or scare the driver behind you. Drivers often brake check to “punish” other drivers on the road.

Drivers frequently resort to brake checking if the rear driver is following them too closely and leaving little room between the vehicles. 

While a driver might engage in brake checking merely to startle another driver, this behavior frequently causes collisions. No matter the reasoning behind it, you should never brake check, as it puts you and others on the road in danger.

Brake Checking Results in Rear-End Collisions 

Most often, brake checking results in rear-end collisions, some of the most frequent types of traffic accidents. 

These accidents can result in serious injuries for either driver, including:

Aside from causing substantial injuries, rear-end collisions are also responsible for thousands of deaths every year. 

Rear-end collisions are not only dangerous for everyone involved, but insurance claims for these types of accidents are particularly tricky to handle.

Liability in Brake Checking Collisions

One of the most challenging parts of a brake checking accident claim is determining liability.

If brake checking results in a rear-end collision, that can mean bad news for the driver who was brake checked. In many rear-end accident cases, the finger is almost always pointed at the rear driver.

However, for rear-end accidents involving brake checking, determining liability deserves a closer investigation. The rear driver may only be partially at fault, if at all. 

After a rear-end collision caused by brake checking, you should speak with a car accident attorney, as establishing liability for these accidents is not easy.

Proving Fault in Brake Checking Accidents

Because many rear-end collisions devolve into a finger-pointing argument of “he said, she said,” evidence is essential for brake checking accidents. Reliable evidence can strengthen your claim and help prove the other driver caused the collision. Evidence can include any of the following:

  • Surveillance footage
  • Police reports
  • Witnesses statements
  • Dashcam footage

A car accident lawyer can decide the type of evidence you need and obtain it to assist in building your claim. You can also help your attorney by providing any evidence you may find useful, like witness contact information or photos and videos.

Brake checking is not legal in Pennsylvania. 

Drivers should also note that under Pennsylvania law, drivers must leave enough room between vehicles and not follow another driver more closely than is reasonable. 

Following the law by leaving enough space between cars and avoiding brake checking can significantly help avoid collisions. 

Consult with a Pennsylvania Car Accident Attorney

If you’re involved in an accident caused by brake checking, reach out to discuss your situation with a car accident lawyer.

An attorney can handle every important aspect of your claim, from determining liability to calculating your potential damages. Having a qualified car accident lawyer on your side can make all the difference and help you achieve a successful outcome. 

If you’ve been injured in a truck accident, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963