If you've ever driven, you know how scary it can be. Even the most cautious drivers can find themselves in difficult situations out of control.
That is why many drivers have brake checks as a failsafe to alert them if another driver is about to cut them off or pull into their lane without warning. Unfortunately, some people use the brake check to cause an accident intentionally.
Do you have grounds to sue if you hit someone because they used their car as a weapon?
Read on for more information about suing after hitting someone who uses a brake check as an attack vector. If you have been injured in an accident, see our article: How Do I Find A Personal Injury Lawyer?
A brake check is when a driver suddenly applies their brakes without reason. This can be done as an attack on another driver or to alert drivers behind them that someone else is coming up quickly.
This can be done to a single driver or a group of drivers. There are many reasons why someone might brake-check another driver. Some common reasons include the following:
If another driver uses the brake check as an attack vector, you want to stay as calm as possible. Get all the information you can about the car if you can. Please write down the license plate number too.
If you are in a safe place to stop, do so, and get the license plate number from the car behind you. Even if you don't want to sue, this information can help the police track down the driver and possibly charge them for their malicious behavior.
You might be wondering if you can sue the person who brake-checked you. This depends on the details of the situation and the state in which it happened. In many cases, a brake check is just a minor inconvenience.
The brake check is a way to get your attention so they can get around you. While it can be frustrating at the time, it isn't likely to result in an accident. A brake check is usually done by someone who is trying to do something like change lanes quickly.
It's not malicious and doesn't result in an accident very often. In other cases, a driver may brake check you intentionally. They may want to cause an accident or be frustrated with traffic.
This may be because of road rage or because you are driving in a way that frustrates them. In these cases, you can sue the person for hitting you. They caused the accident, so they should be responsible for everything that comes with it.
In most cases, they stay calm, and ignoring the brake check is best. This can be hard, but it is best in the long run. If the driver who brake-checked you is still nearby, pull to the side of the road and get their license plate number.
If they have already passed you, write down their license plate number and any details you can about the car. Take a picture of the driver and their vehicle. This can help the police track them down and get them in trouble.
If the brake check is done by a car far behind you, getting their license plate number can be challenging. In this case, try to pull over to the side of the road where you are safe and wait for the car to pass you.
As they go by, get their license plate number and as much information about their car as possible. This can be difficult to do from the road, but if you can safely get out of your vehicle and get their license plate number, it can help.
If you hit someone because they brake-checked you, the first thing to do is assess the situation:
After assessing the situation, you need to find as much information as possible about the other driver and the incident. These steps will help you deal with the accident's aftermath and determine what to do next.
Get the other driver's license plate number and further details about them and their car. If possible, take photos of the scene, the other vehicle, and any injuries people have sustained. Call the police and wait for them to arrive.
You can also ask the other driver to stay with you. This can help the police take down all the details of the incident and help you later when dealing with insurance companies, doctors, and any potential lawsuits.
Conclusion
A brake check can be frustrating, but it is rare for it to result in an accident. In most cases, you can wait for the person behind you to get past you and forget about it. If someone brake checks you and you hit them, it is because they did something to cause the accident.
In this case, the person who brake-checked you should be responsible for the costs of the accident. If you are ever in a situation like this, you want to stay calm and get as much information as possible.
A brake check isn't malicious if someone uses it to get around you, but it can be if they use it to create an accident.
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