Car Accidents Caused By Brake Checking In Louisiana
Have you ever had the driver in front of you suddenly slam on the brakes? It’s a stressful driving situation that can easily lead to a crash. If the driver did it on purpose, you’ve been brake-checked. And if the result was a car accident in Louisiana, you need to call a Louisiana car accident lawyer right away.
Brake-checking is dangerous, but it can also be challenging to prove. A car accident attorney can help make the process of recovering compensation for injuries caused by brake checking easier.
What Is Brake Checking?
Brake checking is the practice of intentionally slamming on the brakes to alarm or scare the driver behind you. Brake checking is most often done as a form of road rage. If one driver is mad at another, they might maneuver in front of the other’s car and slam on the brakes.
In some cases, a driver might use brake checking because they think they’re being followed too closely by the other driver. In this sort of situation, brake checking is used as a dangerous way of telling the other driver to leave more space between the two vehicles.
Finally, sometimes brake checking doesn’t have anything to do with road rage. Young or inexperienced drivers sometimes think it’s amusing to cause alarm to other drivers on the road. Brake-checking or engaging in other unsafe driving practices for entertainment is dangerous.
It’s worth noting that sudden braking isn’t always an instance of brake checking. A driver might suddenly brake to avoid an object on the road or because the cars ahead are also braking. They might also be an inexperienced driver still getting used to being gentle with the brakes. The intention is key when it comes to determining whether another driver is brake-checking.
Is Brake Checking Illegal In Louisiana?
Brake checking is a highly dangerous practice that frequently results in car accidents. This may lead you to wonder, “Is brake checking illegal in Louisiana?” The practice is illegal in Louisiana and in most other states. However, you won’t find the term “brake checking” used in Louisiana driving laws. Instead, brake checking is one of the many dangerous driving practices that fall under the umbrella term of “reckless driving.”
If a police officer witnesses one driver intentionally brake-checking another, they can pull them over and ticket them for reckless driving.
A reckless driving ticket in Louisiana brings consequences that include:
- A fine of up to $200
- Up to 90 days in jail
- After a first violation, up to $500 and six months in jail
There’s usually not a police officer around at the moment a brake-checking crash occurs. As a result, it often comes down to your word against the word of the other driver — and they’re not likely to admit they were engaging in an illegal and dangerous driving maneuver at the time of the crash.
Who Is at Fault for a Louisiana Brake Checking Accident?
Louisiana drivers are expected to maintain control of their vehicles. They’re also expected to leave enough room between their car and the vehicle ahead to stop quickly, even if the driver ahead brakes suddenly. When a rear-end accident occurs, the driver in the back is usually the one deemed to be at fault because their car made contact.
When the driver ahead intentionally brake-checks the driver in the rear, determining fault becomes more complicated. One exception to the above rule is that when the other driver was breaking a driving rule — like driving recklessly — they can be found fully or partially at fault for the crash.
However, it’s not easy to prove that a reckless driving maneuver like brake checking was the cause of the crash. The other driver is unlikely to admit the truth and take responsibility for their actions. That means it’s essential to hire a Louisiana car accident lawyer to conduct an investigation and prove the other driver caused the crash.
How a Louisiana Car Accident Lawyer Can Help
A key part of a Louisiana car accident driver’s job is to prove negligence. Once you prove the other driver was at fault for the crash, you’re usually eligible to recover injury compensation through the other driver’s car insurance policy.
In some types of accidents, it can be easier to prove fault, like if a drunk driver caused the Louisiana car accident. In a situation like this, there’s evidence that the other driver broke the law and caused an accident as a result.
A brake-checking crash is not that sort of accident. It’s difficult to prove that the driver in front caused a rear-end brake-checking accident. A lawyer needs to conduct an investigation and try to collect evidence proving that brake-checking was a factor in the accident.
Steps a lawyer might take to prove brake-checking occurred include:
- Gathering eyewitness testimony
- Collecting dashcam footage
- Obtaining traffic or security camera footage
- Hiring an accident reconstruction specialist
If your Louisiana car accident lawyer can build a case for liability, they’ll file a claim and work to negotiate a settlement with the other driver’s insurance company.
Because proving fault is particularly challenging after a brake-checking collision, your actions after the crash are extremely important. You should attend a free consultation with a Louisiana car accident lawyer as soon as possible and wait to see what a lawyer says before speaking to an insurance agent.
Protect Yourself After a Louisiana Brake-Checking Crash
You shouldn’t have to pay the price for another driver’s road rage. Unfortunately, that’s a common outcome of brake-checking accidents. It can be extremely difficult to prove that the other driver was at fault for a rear-end crash that happened due to brake checking.
It’s always worth fighting for justice after a Louisiana car crash. If you’ve been involved in a brake-checking accident, collect witness information and call a Louisiana car accident lawyer immediately. Without legal representation, there may be little you can do to hold the other driver accountable for their actions.
Contact Our Car Accident Law Firm in Baton Rouge, LA
If you’ve been injured in an accident in Baton Rouge, Louisiana, and need legal help, contact our Baton Rouge car accident lawyers at Palmintier Law Group to schedule a free consultation today.
Palmintier Law Group
618 Main St, Baton Rouge, LA 70801, United States
(225) 344 3735