Brake-Checking Vs. Tailgating: Who's at Fault?

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Tailgaiting a car in a moody dark in stormy, wet conditionsWe've all been in a hurry at different points in our lives. For the times when we aren't, it can be a soothing change of pace from a hectic routine. However, just because we may not be in a hurry at the moment doesn't mean that someone else isn't, which can be problematic for you and them depending on what transpires. Many people simply maintain their steady pace despite how the driver behind them reacts. However, other people do not like the feeling of having another driver mere feet away from their bumper, and they respond by brake-checking the driver behind them. Although brake-checking another driver can make you feel like you've gotten the upper hand, it can land you in hot water. If you've been in an accident due to brake-checking or tailgating, here are a few things you should know about how to proceed.

Is Brake-Checking Illegal?

Brake-Checking can provide a momentary feeling of satisfaction if a driver tailgates you. However, it can be dangerous and lead to an accident if the other driver doesn't react in time. 

Also, For these reasons, brake-checking is illegal in most states and can complicate the matter of who is at fault in the event of a collision. Another reason why brake-checking isn't a good idea is that it can escalate the situation and cause a road-rage incident. You never know what state of mind another driver is in, and brake-checking them may be what sends them over the edge, creating a potentially life-threatening situation.

Are Tailbgaters Always at Fault?

It is a common misconception that the person who follows another car too closely is always at fault in the event of a crash. However, this is only sometimes the case. It is technically possible to perform a brake check aggressively as it's possible to tailgate aggressively. There are some instances where both drivers can share fault in a collision, which is known as the comparative negligence doctrine, which can impact any settlement earnings for injury claims.

If you've been in an accident due to tailgating or brake-checking, call the police and an attorney, such as the team Thornbury Law. To schedule your free consultation, please call us today at (423)-991-2231.