Brake-checking accidents in Lafayette present some of the most challenging cases for injury victims who need compensation for their injuries and other losses. Drivers who deliberately slam on their brakes create a dangerous situation that often leads to rear-end collisions.
If you were injured in a brake-checking accident caused by a negligent driver, we encourage you to seek legal help to determine what steps you should take next.
At Galloway Jefcoat. We can answer your questions and discuss your potential legal options. Our knowledgeable Lafayette car accident attorneys have been helping crash victims for decades, recovering millions in compensation on their behalf.
Not sure if you have a case? Call for a FREE case review today: (337) 984-8020
What Is Brake-Checking & Why Does It Happen?
Brake-checking is a risky driving behavior where a driver intentionally hits their brakes. This sudden action is typically to force the driver of the vehicle behind them to brake sharply or take evasive action. It is an aggressive maneuver that often stems from road rage or an attempt to cause a rear-end collision.
One common scenario where brake-checking occurs is when a driver feels like another vehicle is following too closely and slams on their brakes to retaliate or teach that driver a lesson. Sometimes, though, a driver deliberately trying to cause a collision for insurance fraud may try to brake check you.
What Are the Legal Challenges in Proving Fault?
Proving fault in brake-checking accidents involves several complex legal challenges, making these cases difficult to resolve.
The main challenge comes from legal presumptions. Typically, the driver in the rear is presumed at fault for rear-ending the vehicle ahead. Victims must prove that the other driver intentionally brake-checked them and establish the reason behind it. Unlike clear-cut traffic violations like running a red light, determining a driver’s intent in a brake-checking incident is often less obvious.
Gathering physical evidence also poses difficulties. Skid marks can reveal braking patterns and vehicle positions after impact may indicate brake-checking. However, this evidence can quickly disappear. Weather conditions can erase key details, and emergency responders may clear the scene to restore traffic flow.
What Critical Evidence Can Help Your Claim?
Strong evidence proving the lead driver’s sudden actions is key to winning a brake-checking claim. Gathering the proper evidence can turn a complex case into a successful one.
Dashcam Footage
Dashcam recordings provide the most compelling evidence in brake-checking cases. Video can capture the normal traffic flow, the lead driver’s aggressive maneuvers and the sudden braking without apparent reason. This type of evidence may instantly overcome the presumption of rear-driver fault. To preserve this evidence, it is vital that you do not touch the video footage. You should contact an attorney right away to find out the right way to preserve this evidence.
Witness Statements
Witnesses who observed the entire incident also dramatically strengthen your case. The most credible witnesses in this situation are neutral third parties who can testify that they saw no reason for the lead vehicle to brake. In some cases, a witness may have observed that same driver exhibiting aggressive behavior beforehand. These details provide additional credibility when personal testimony is not sufficient.
Electronic Data
Electronic data recorders (EDRs) often show braking patterns that are inconsistent with normal reactions to road hazards. Accessing this information typically requires prompt legal action to preserve the data before the vehicle is repaired or scrapped.
Most modern vehicles today contain EDRs that can provide insight into:
- The lead vehicle’s exact braking force
- Steering inputs before braking
- Speed changes in the seconds before impact
- Whether brakes were pumped repeatedly (indicating intentional behavior)
Surveillance Footage
Surveillance footage must be requested quickly, as many systems automatically delete recordings after 24 to 72 hours. A legal professional can send preservation requests to prevent this deletion.
In urban areas of Lafayette, there could be multiple surveillance cameras that may have captured your accident. These cameras can be found in places like downtown Lafayette businesses, River Ranch shopping areas, Oil Center medical offices, the Acadiana Mall district, restaurants along Johnston Street, banks on Kaliste Saloom Road, gas stations on Evangeline Thruway, and traffic monitoring systems throughout the city.
Following a crash, look to see if there are any surveillance cameras in these areas:
- Traffic cameras at intersections
- Business security cameras facing streets
- ATM cameras
- Parking garage surveillance
- Public transit video systems
Police Reports
Request officers’ documents of any statements the lead driver makes about being “cut off” or feeling “disrespected” in traffic, as these suggest retaliatory motives.
Detailed police reports may document critical observations about:
- Officer observations about road conditions, like skid marks
- Notation of any signs of aggressive driving
- Sobriety or impairment factors
Social Media Posts
Surprisingly, social media posts could play a significant role in brake-checking accident cases by providing evidence that supports or contradicts the brake-checking driver’s claims.
Here are a few ways social media can be used as evidence:
- Incriminating Statements: The other party may brag about their actions leading up to the crash, which could be used as evidence of negligence or intent.
- Contradictory Evidence: Some people brake check as a means of being able to file a fraudulent injury claim. However, if the brake-checking driver’s activity on social media shows them participating in physical activities, like swimming or hiking, after claiming to be severely injured, it contradicts the brake-checking driver’s claims and could help your case.
- Witness Accounts: On social media, witnesses or bystanders may post photos, videos or accident description.
- Location Data: Social media posts often include location data, which can help establish the whereabouts of the parties involved in the accident.
Medical Documentation
As long as you sought medical treatment right after you crash, medical records can help to establish the connection between the brake-checking incident and your injuries. It can also show the severity of your injuries due to the other party’s actions. Seeking medical attention immediately creates records that insurance companies cannot easily dispute.
The types of evidence below can be used to strengthen your case:
- Emergency room reports noting the mechanism of injury
- Diagnostic imaging showing trauma consistent with sudden deceleration
- Treatment plans documenting recovery timelines
- Medical expenses demonstrating financial impact
What Are Insurance Company Tactics for Fighting a Brake-Checking Claim?
Insurance companies combat brake-checking claims by immediately invoking the presumption that rear drivers are always at fault.
Shifting the Blame to You
Even when there is evidence of brake-checking, insurance companies may pivot to comparative negligence arguments, claiming you were following too closely or driving too fast. However, even if you are partially to blame for tailgating, you may still be eligible to recover some compensation.
Use Louisiana’s Comparative Negligence Rule to Their Advantage
Louisiana follows a pure comparative fault system, which means you can seek compensation regardless of your percentage of fault for an accident. However, any compensation you are awarded will be reduced by your percentage of fault. Insurance companies know this, so they will still search for reasons to assign you a higher percentage of fault to minimize their payout.
Claiming Pre-Existing Conditions
Insurance companies may claim you have pre-existing conditions or argue the collision was not severe enough to request a higher amount of compensation. When liability is clear, they may offer early settlements far below the claim’s actual value. They may conduct surveillance or monitor social media for higher-value claims to find evidence in an attempt to contradict your injury claims.
Call Galloway Jefcoat After a Brake-Checking Accident
Brake-checking accidents create unique challenges that require an experienced attorney to navigate through. After an accident, you need a legal team that understands how to overcome the presumption that rear-end collisions are automatically your fault.
At Galloway Jefcoat, we are here to help you pursue compensation. We have a proven track record of achieving favorable outcomes for our clients. Our legal team is here to answer any questions you may have during a free consultation. If you choose our firm to represent your case, you pay no costs or fees up front for our legal services. We only get paid if we win your case.
Need Legal Help? Call Galloway Jefcoat: (337) 984-8020
June 11, 2021