Monmouth County Brake Checking Accident Lawyers
Experienced Attorneys Providing Guidance to Clients Injured as a Consequence of Brake Checking Accidents in Lavallette, Belmar, Holmdel, Monmouth and Ocean County, New Jersey
Aggressive driving can take many forms and it often results in motor vehicle accidents. Brake checking, in which a vehicle abruptly slows down and pumps their brakes in front of another vehicle (in a rather obnoxious manner), is one form of aggressive driving that can easily cause collisions. This is an issue that is on the rise, with a recent study revealing that a staggering 82% of drivers admit to driving aggressively at least once in the past year. Aggressive driving tactics like brake checking can lead to serious injuries for the driver and passengers in the vehicle behind the braking car, the aggressive driver themselves, and other vehicles around them.
If you’ve been part of an auto vehicle accident, particularly those involving brake check situations, it’s crucial to consult a skilled attorney from an experienced law firm like Chamlin, Uliano & Walsh. Our team is here to assist you in pursuing the appropriate compensation. We’ll work together to achieve the most favorable outcome for your case in Howell, Holmdel, Tinton Falls, Asbury Park, Eatontown, Colts Neck, Jackson, Ocean Township, and throughout Monmouth County and Southern New Jersey. With a track record of successfully representing clients and securing substantial settlements, we encourage you to contact us immediately. You can reach us at (732) 440-3950 or contact us online for an initial free consultation.
Be Aware of the Perils of Brake Checking in NJ
Brake checking is a driving tactic in which the driver typically passes another vehicle, abruptly cuts them off, and then, with no warning, taps or slams their brakes, causing the vehicle behind them to do the same. Oftentimes, the driver who engages in brake checking perceives that they have been wronged in some way by the other driver because they initially cut them off, drove too slow, or committed some other perceived driving error. Brake checking is an emotional, aggressive response to this frustration and an attempt to retaliate or send a message to the other driver.
However, brake checking is very dangerous for several reasons. In response, the other vehicle must also suddenly slow down and engage their brakes. They might not have the reaction time or speed to do so effectively, or their brakes may not be effective in stopping in time. This can easily lead to a rear-end collision and cause a multi-car pile-up for other drivers behind them who are not anticipating an abrupt stop.
Brake checking can also escalate a situation and cause heightened road rage among all drivers involved.
Aggressive Behavior Leading to Brake-Checking Accidents
Every driver on the road is charged with a legal duty of care to drive as a reasonably prudent person under the circumstances. It, hopefully, goes without saying that reasonably prudent drivers do not engage in aggressive and retaliatory driving methods like brake checking, which endanger them and other drivers.
When brake checking results in a motor vehicle accident, the actions of each driver involved must be examined. It is possible, as tensions of a road rage situation rise, that both drivers could be at fault. For example, one driver may be cut off by another vehicle pulling into their lane, that driver passes them, and then the vehicle which is now behind them tailgates them, and the driver ahead checks their brakes. It is possible that both parties may have a degree of responsibility for causing the accident.
While the circumstances surrounding any accident must be evaluated on a case-by-case basis, any driver who was not driving as a reasonably prudent driver and whose actions were a direct cause of the accident may be liable for negligently causing or contributing to the accident.
Proving Intent in Brake-Checking Collisions
Typically, when one vehicle rear-ends another, the car behind is found to be at fault because they were following too closely and/or they presumably had the greatest opportunity to avoid the accident. However, when brake checking is involved in an accident, it changes the dynamic. One challenge in proving brake checking as an intentional, aggressive driving tactic rather than a driver cautiously avoiding an accident ahead of them, like stopped traffic ahead, debris in the road, or an animal crossing, is proving their intent. Essentially, the question is: did the driver have a prudent reason for braking or did they engage their brakes with malicious intent? It will likely be necessary to look at all of the circumstances surrounding an accident, including the events leading up to the brake checking to determine whether the driver’s actions were negligent or prudent and justified.
Potential Legal Implications for Brake Checking Drivers in New Jersey
Engaging one’s breaks for a prudent reason is not illegal. However, brake checking for the purpose of communicating frustration to another driver, retaliating against another driver, or any other malicious motive is road rage and is illegal in New Jersey. Under New Jersey’s Jessica’s Law, if a driver engages in road rage behaviors and their actions result in serious injury to a person, they can be criminally charged with a third-degree indictable offense, which is punishable with 3 to 5 years of imprisonment and up to $15,000 in fines. Even if the accident does not lead to serious injuries, the driver who engaged in brake checking can be charged with a fourth-degree offense and face up to 18 months in prison and fines of up to $10,000.
Leading Injuries Arising from Brake Checking Crashes
Generally, brake checking results in a rear-end collision but it can also cause a domino effect of a multi-car accident. Common brake-checking injuries include whiplash, concussions, head injuries, spinal injuries, and contusions. The greater the speed at which the cars were traveling, the greater the injuries to those involved will typically be.
Measures to Steer Clear of Brake-Checking Accidents in NJ
The best way to avoid brake-checking accidents is to keep a safe distance between you and the vehicle ahead of you. If you notice that someone is driving with aggressive behaviors, do not engage with them. If someone begins to brake check you, give more distance between your vehicles or change lanes if you can do so safely. Do not try to pass them, cut them off, or engage in any other retaliatory actions. While it may feel like the aggressive driver deserves to be put in their place, engaging with them will only serve to further escalate the situation. Finally, if the behavior continues, you should call 911 and report the behavior. Never get out of your vehicle to confront the other driver. Sadly, similar situations have become deadly in the past.
New technology in vehicles also helps to avoid accidents that may be caused by brake checking. Automatic Emergency Braking (AEB) detects when your vehicle is in danger of a collision and deploys an automatic braking feature. The response time of the feature may be quicker than that of many drivers, and, unlike humans, the AEB system will not get emotionally involved with the road rage situation.
Contact Chamlin, Uliano, and Walsh to Discuss Your Break Checking Accident Injuries in West Long Branch, NJ
If you have been involved in a brake-checking accident caused by an aggressive driver in front of you, you must understand that it is your legal burden to prove that the other driver acted negligently and caused the accident. Meeting this burden may involve collecting witness testimony and even hiring an accident reconstruction expert in some cases. In order to ensure that you recover all of the compensation you are entitled to for the injuries and other damages you suffered, you should contact a seasoned New Jersey personal injury lawyer at Chamlin, Uliano & Walsh who is experienced in handling brake checking accidents and other accidents caused by road rage behaviors like brake checking. We invite you to contact us today for a complimentary review of your case.
Our lawyers are prepared to answer your questions about brake-checking accidents anywhere in Monmouth County communities and the state of New Jersey as a whole, such as Little Silver, Manasquan, Red Bank, Freehold, Middletown, and Wall, and explain your rights and options. Call (732) 440-3950 for seasoned counsel from our personal injury lawyers.