Brake checking, alternatively referred to as brake testing, is an aggressive and dangerous driving maneuver where a driver intentionally slams on their brakes to startle, scare, or provoke the driver behind them. It is a significant problem on New York’s roads, where high traffic volumes and frequent congestion create a highly stressful driving environment for motorists. The suddenness of a brake check leaves the trailing driver with little to no time for reaction and often leads to rear-end collisions.
Is Brake Checking Illegal in New York?
Yes, brake checking is illegal under New York law. While no specific statute mentions brake checking explicitly, it may be considered a form of reckless driving, which is prohibited under Section 1212 of the New York Vehicle and Traffic Law. The statute defines careless driving as driving a motor vehicle in a manner that unreasonably disrupts proper road use and jeopardizes other road users’ safety.
Brake checking is generally considered an act of reckless driving, and it is illegal in New York to do so. This action can create a dangerous situation on the road, potentially causing a rear-end collision or other accidents due to unexpected changes in speed.
How Brake Checking Can Lead to Accidents and Injuries
One of the biggest dangers associated with brake checking is that it can lead to rear-end accidents, which are among the most common types of car accidents. The abruptness of a brake check can leave the trailing driver with little time to react and stop your vehicle – even if they are maintaining a safe following distance. Significantly, in stop-and-go traffic, the distances between vehicles can be considerably reduced, leaving the trailing driver with minimal margin for error.
One reason brake checking is considered a high-risk maneuver is that it is not a natural reaction to traffic conditions under normal circumstances. It is an aggressive and unpredictable act. As a result, the trailing driver might be caught off guard and might not have enough time to avoid a collision.
Moreover, suppose the trailing driver engages in any retaliatory action and tries to confront the leading driver. In that case, things can escalate quickly and lead to a severe road rage incident. In some cases, the chaos resulting from a brake-checking accident can trigger multi-vehicle aggregations, which can further amplify the danger and result in widespread harm and damage.
Why You Need a Skilled Car Accident Attorney to Establish Liability in a Brake Checking Accident
Demonstrating the liability of the at-fault driver in a brake-checking car accident case can be difficult due to a number of reasons. Our experienced New York car accident lawyer will be able to address the following challenges and prove the liability of the negligent motorist:
Presumption of Fault against the Rear Driver
In New York, drivers are required to maintain a safe following distance so that they can stop their vehicle safely if and when needed in order to avoid a collision. Under NYS Open Legislation | NYSenate.gov Section 1129 of the New York Vehicle and Traffic Law The driver of a motor vehicle shall
not follow another vehicle more closely than is reasonable and prudent,
having due regard for the speed of such vehicles and the traffic upon
and the condition of the highway.
This is why, when a rear-end accident occurs, it is generally presumed that the accident was caused by the trailing driver not maintaining a safe following distance or not paying attention. It is one of the main reasons why proving the liability of the brake-checking driver can be challenging in these cases.
Proving Intent
Demonstrating that the other driver brake checked intentionally in order to scare you or retaliate against you for some reason can be difficult, especially if they claim that they braked for a legitimate reason. In such a situation, you need strong evidence to support your version of the incident and prove the other driver’s recklessness or malicious intent.
Resistance from Insurance Companies
With regard to rear-end accidents, insurance companies tend to stubbornly believe that the rear driver is at fault and are often hesitant to deviate from this presumption. In the absence of compelling evidence and persuasive arguments, it can be challenging to get the insurance company to change its stance and pay you a fair settlement.
Steps an Experienced Car Accident Lawyer Will Take to Recover Compensation for You in a Brake Checking Injury Claim
Given the challenges involved in a brake check accident claim, it is prudent for you to hire a proven and capable New York car accident lawyer as soon as possible. Here’s how a lawyer can prove the liability of the brake checker in your claim and recover maximum damages.
Thorough Investigation: Your lawyer will conduct a comprehensive investigation into the accident to find out how it occurred and the circumstances that led to it. They can collect an extensive amount of evidence – from traffic camera footage to surveillance videos from nearby homes and business establishments – to support your claim.
Witness Testimonies: Your lawyer will locate and interview witnesses who might have seen the accident. Witness statements and testimonies can provide crucial third-party perspectives that can support your account of events and establish the fault of the other driver.
Expert Analysis: Your attorney may work with experts in accident reconstruction. These experts can analyze the accident scene, vehicle damage, and stopping distances to provide an objective assessment of the accident. These findings demonstrate that the accident was caused by the leading driver’s sudden and unjustified braking.
Vehicle Data: Modern vehicles are often provided with event data recorders (EDRs) or black boxes that record information about the vehicle’s speed, braking, and other actions leading up to a collision. Your lawyer can obtain this data to demonstrate that the abrupt braking patterns are consistent with brake checking.
Traffic and Weather Conditions: A car accident attorney in New York can analyze the traffic and weather conditions at the time of the accident and make the argument that there were no legitimate reasons for the other driver to brake suddenly, which can further support your claim of intentional brake checking.
Negotiation: Insurance companies are often reluctant to accept claims that challenge the default assumption of fault in rear-end collisions. Your lawyer can make convincing arguments on your behalf, use the gathered evidence to prove the leading driver’s liability and negotiate strategically to recover fair compensation for you.
Court Representation: If your case goes to court, your lawyer can present the evidence to support your claim, cross-examine witnesses, and make persuasive arguments to the jury or judge to establish the brake-checking driver’s liability.
Compensation You Can Recover in a New York Brake Check Accident Claim
Economic Damages
Medical Expenses
- Immediate medical expenses, including emergency room visits, surgeries, hospital stays, and other necessary medical treatments.
- Ongoing medical expenses, including the cost of follow-up visits, physical therapy, prescription medications, and long-term care in the event of a disability.
- Compensation for anticipated future medical needs.
Lost Earnings
- Compensation for the earnings you lost during the recovery period.
- Compensation for the loss of future income capacity caused by your injuries and disabilities.
Property Damage
- Compensation for repairing or replacing your vehicle.
- Compensation for other personal property damaged or destroyed in the accident.
Non-Economic Damages
Pain and Suffering
- Reimbursement for the physical pain and suffering you endured as a result of your injuries.
- Reimbursement for the mental anguish, anxiety, depression, and other emotional and psychological problems caused by accident.
Loss of Consortium
- Compensation to your spouse or family members for the loss of companionship, affection, and support caused by your injuries.
Loss of Enjoyment of Life
- Compensation for the adverse effects on your quality of life caused by your injuries.
Apart from this, your auto accident lawyer might also pursue punitive damages from the at-fault driver, depending on the circumstances. If your lawyer believes that the at-fault driver acted with malicious intent or in an egregious manner with total disregard for your safety and well-being, they might pursue punitive damages to punish the at-fault driver.
Choose a Top-Rated New York Brake Checking Accident Lawyer to Maximize Your Compensation
Brake-checking accidents can leave you with serious injuries, significant vehicle damage, and emotional distress. What is worse is that proving the liability of the brake checker can be difficult in these cases and often requires thorough investigation and compelling evidence. This is why quality legal representation is so crucial in brake check accident cases.
If you’ve suffered injuries in an accident involving brake checking or aggressive driving, the experienced legal professionals from the Law Offices of Robert E. Brown P.C. are here to advocate for you and pursue the financial compensation you’re entitled to. Robert Brown, our esteemed founder, is a top-rated personal injury attorney renowned for achieving favorable outcomes in complex auto accident cases through settlement and litigation.
A former NYPD Captain, Robert Brown, has firsthand experience in accident scene investigation and evidence collection. He knows how to conduct thorough investigations, how to gather necessary evidence, and how to use it to build strong cases for his clients. A Harvard graduate, Mr. Brown brings unmatched legal expertise to each case he handles and works actively to achieve the best possible results for his clients.
Call us today at 212-766-9779 or complete our online contact form to schedule a free consultation with an expert New York auto accident lawyer at our firm.
