When cars are brake checking, it puts everyone on the road in danger. Minnesota brake checking accidents can lead to severe injuries and serious vehicle damage.
Brake checking accidents can be complex, and it is helpful to know what to do if you are involved in one.
What Is Brake Checking?
Brake checking occurs when one car brakes suddenly in order to shock the driver behind them. This aggressive driving tactic can be extremely dangerous and lead to collisions.
Even if you are frustrated by persistent tailgating, it is important not to retaliate with road rage and sudden braking for no apparent reason.
Car Accidents Caused by Brake Checking
Rear-end accidents are a common occurrence after brake checking. When a driver suddenly slams on their brakes, the car behind them may crash into their vehicle. A driver could also sideswipe another car or collide with a pole while trying to avoid a rear-end collision.
Whether brake checking leads to a rear-end collision, sideswiping, or a head-on crash, serious injuries and property damage can result.
Is Brake Checking Illegal in Minnesota?
Brake checking is a dangerous tactic that can also be illegal under Minnesota law. Minnesota drivers are prohibited from driving carelessly and endangering the life of another.
If you are injured in an accident as a result of someone brake checking you, you may be able to pursue compensation.
Liability in Minnesota Brake Checking Accidents
A driver can be held liable in a personal injury lawsuit for brake checking if it results in a car accident. If you suffer injuries or property damage, you can pursue compensation to cover the cost of expenses related to the accident.
Minnesota is a modified comparative negligence state. This means that a driver who is partially at fault for the accident can still recover damages if they are less than 51% responsible. However, the amount of compensation you can receive will be reduced in proportion to your percentage of fault.
Proving Negligence in a Brake Check Personal Injury Claim
It can be difficult to prove that someone else’s negligence caused the accident in a brake check personal injury claim. However, if you are involved in an accident caused by brake checking, it can be helpful to be prepared.
The following are steps to take after a brake checking car accident:
- Check for injuries and seek medical attention immediately
- Notify law enforcement and obtain an accident report
- Exchange insurance information with the other driver
- Take photos and videos of the accident scene, visible injuries, and road conditions
- Gather witness statements and contact information
- Notify the insurance company of the accident, but do not provide a recorded statement or engage in substantial correspondence
- Contact a personal injury lawyer for a free consultation
If you are involved in a brake checking car accident, you should not admit fault at the scene of the accident or to an insurance adjuster. If you rear-end a car, it can appear as though the accident was solely your fault. However, if a driver brake checking you caused the accident, then that driver will likely be liable for your injuries.
How To File a Personal Injury Claim for Brake Checking
Minnesota has “no-fault” car insurance rules. That means that after an accident, you can generally file a claim with your own insurance company for compensation – and you can do so regardless of whose fault the crash was.
However, if the accident was serious – for instance, if you’ve incurred more than $4,000 in medical bills – you may be able to file a claim against the at-fault driver. Through this claim, you can potentially recover much more compensation than what your Personal Injury Protection (PIP) policy provides.
In either event, setting up a free consultation with an attorney is in your best interest after a car accident. At that time, the lawyer can advise you on your best next steps.
Contact the Minnesota Car Accident Law Firm of Hall Law Personal Injury Attorneys For Help Today
For more information, please contact an experienced car accident lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.