Even though you are partially responsible for injuries sustained as a result of someone braking in front of you (brake checking), there is still the possibility that you can pursue financial damages. The key to this is the type of evidence available; i.e., dash cam video, witness statements, and whether the braking in front of you was done out of necessity due to traffic or a hazard on the roadway. Whether you can receive financial damages and what percentage of damages you would be entitled to receive depends upon the evidence and your degree of responsibility per Texas statute.
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(214) 855-1420What Is Brake Checking?
Brake checking has a few definitions with subtle differences. Broadly, brake checking can happen any time you slam on your brakes to test or check them. This type of brake checking can catch a driver following you by surprise. If that driver has failed to leave a safe following distance or is distracted, they can slam into the rear of your vehicle.
Many of these types of crashes provide strong evidence for assigning liability among the parties involved; however, it is not an absolute rule. It will be determined by the actions of both drivers and all relevant evidence available. In a hypothetical brake-checking scenario, evidence would likely indicate whether the trailing vehicle followed too close, if the trailing vehicle’s operator was distracted, or both. Additionally, there could be other evidence indicating who had the responsibility for what occurred in this incident. Whether the actions of the rear driver (the “trailing driver”) contributed to this accident may depend on whether he was driving too close behind the lead vehicle and/or did not see what he should have seen. In addition, the behavior of the lead vehicle’s driver could also potentially indicate that he was responsible for the accident as well.
In addition to defining brake-checking in terms of “checking,” another way to define brake-checking focuses on how drivers respond to tailgaters. When a driver checks their brakes to stop quickly to make a tailgater slow down or pull away from them, they are performing a type of brake check. This can be likened to the action in hockey where an official uses his stick to “check” a player into the boards. When a lead vehicle’s driver rapidly applies the brakes, he or she is forcing the tailgater to reduce speed.
The driver who brake checked may be liable in part to the extent that there were damages as a result of this accident. A driver who deliberately slams on his/her brakes because of being tailgated by another motorist could be liable for damages to others if evidence shows he/she acted negligently or engaged in other legally actionable behavior which was causally responsible for, or contributed to, the crash. The extent of liability will depend upon the specific circumstances of the case.
Rear-End Collisions from Brake Checking
A rear-end crash typically happens after someone (the “brake checker”) has applied their brakes in front of another person (“tailgater”), causing the tailgater insufficient time to react.Â
Your total stopping distance includes both your reaction time and your braking distance.Â
The reaction time is how long your vehicle travels while you are deciding to apply your brakes. This can include such things as:
- How long it takes for you to see something which could be considered hazardous
- How long it takes for your brain to tell you to hit the brakes
- How long it takes for your foot to actually reach down and hit the brakes.
Reaction times vary greatly with each individual. However, generally accepted and reasonable reaction times for drivers fall around 2.5 seconds.
Your car will travel a different number of feet during 2.5 seconds depending upon how fast you are traveling. If you are going at 25 mph, your vehicle travels approximately 92 feet in 2.5 seconds. If you are going at 45 mph, you will have traveled an additional 73 feet (a total of 165 feet) or 55 yards by the time you stop when you apply the brakes in 2.5 seconds.
The stopping distance for your vehicle is the distance your vehicle will travel once you hit the brakes until it comes to rest. As with your reaction time, this stopping distance will vary greatly based on your speed and the design of your vehicle’s braking systems. Depending on these variables, your stopping distance may be one to three times longer than your reaction time.
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Common Injuries in Brake-Checking Crashes
Occupants of the rear vehicle are whipped forward against their safety restraint systems (i.e., seatbelts). Chest bruising or rib fractures occur when restrained occupants strike their restraints. The heads of unrestrained occupants continue to move forward until they strike their steering wheel(s). Again, this movement stretches and compresses the necks of the unrestrained occupants and results in hyperextension of their neck muscles, tendons, and/or ligaments and compression of their cervical vertebrae. Concussions may occur as well due to their brains sloshing around inside their skull cavities. Broken arms/hands/legs also commonly occur as occupants attempt to protect themselves.
Many common injuries sustained in brake-checking accidents include:
- Neck strain/sprain
• Bulged or herniated disc
• Spinal fracture
• Concussion
While these types of injuries are usually non-fatal, many may result in varying degrees of disability. Herniated/bulged discs can cause acute pain and discomfort, and may require surgery, and more conservative treatment. While surgeons can remove damaged discs, such procedures increase stress on adjacent discs, making long-term back pain more probable.
Liability for Brake-Checking Injuries
Brake checking crash liability in Texas: one or more drivers may be liable if their actions caused or contributed to the driver’s injury and each driver’s share of responsibility will depend on the evidence and applicable law.Â
Texas typically uses a proportionate responsibility rule for determining the extent of each party’s contribution toward causing injury through their respective negligent actions once all parties have had their respective liability established. The assessment of fault for drivers can be made during the evaluation of a claim. However, during litigation, it is the role of the Judge/Jury (the Trier of Fact) to determine the percentage of responsibility to be assigned to those parties properly identified under Texas’ modified comparative negligence statute, which will support their assignment based upon sufficient evidence.Â
A fact-finder in a suit can award to each eligible individual who has enough proof to support their contributing actions a whole number percentage of fault; however, this does not indicate they will be responsible for paying the damages awarded. For instance, if you were tailgating someone who ultimately brake-checked you causing a collision with your vehicle, a reasonable claims adjuster may assign blame for your role in tailgating; however, he/she would likely assign similar blame for brake-checking. The overall sum awarded is comprised of your proven percentage of responsibility for injury/damage, the total amount of damage supported through evidence, and the percentages assigned to others responsible; if an agreement was reached with other responsible parties, and/or all additional relevant laws. In some jurisdictions this can include (but is limited to) the comparative negligence of each party.
Let us consider an example: suppose you are tailgating someone and that individual brake-checks you before colliding with you. The assignment of percent responsibility is solely up to the fact finder based on all of the evidence in this case. The 45% and 55% are assigned for example only. The percentages will be determined by the factfinder after hearing all of the evidence.
For example, If you were awarded $10,000 for damages as a result of a Fact finder, and the Fact finder assigned you 45% of that liability. Your total amount of recoverable damages would typically be reduced to $5,500. The amount of reduction is based on your percentage of fault (in this case, 45%).Â
Under Texas Civil Practice & Remedies Code Section 33.013; A defendant who is liable for recoverable damages will generally be liable on an individual and joint basis (jointly and severally) for those damages unless they have been found to be no more than 50% responsible for the cause of action at issue. The Statute also includes other provisions and possible exceptions which may apply.
Getting Compensation After a Brake-Checking Crash in Texas
As previously stated, most automobile wrecks commence as an insurance claim. Do not assume that your insurance claim will be rejected solely based on your failure to maintain a proper following distance. The brake-checking driver may be partially responsible for your involvement in this accident.
However, obtaining reimbursement will not be without challenges. Evidence of HOW AND WHY the Lead Driver reduced speed (or STOPPED) is important in establishing whether or not the Lead Driver’s actions contributed to the cause(s) of the collision. When determining fault in an accident involving a vehicle, many factors can be relevant including the space between the two vehicles; speed of each vehicle; traffic; road condition; and the reason for the second driver being behind the first driver. Circumstances, such as yielding safely to an emergency vehicle, might influence the determination of fault, however, a driver in Texas is required to follow the relevant traffic law concerning the right-of-way and safe distance when behind or passing an emergency vehicle.
Contact Our Car Accident Law Firm in Dallas, TX
You may require assistance from a Dallas, Texas auto accident attorney to obtain payment for brake-checking injuries sustained as a result of an automobile accident. Attorneys possess knowledge regarding what types of evidence persuade claims adjusters/juries that victims are entitled to compensation for brake-checking-related injuries.
To consult with a Dallas auto accident attorney at no cost and discuss your case further, please call Jay Murray Car Accident and Truck Accident Lawyers today.
Attorney responsible for content: Jay Murray. Primary practice location: Dallas, Texas.Â
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