Maison Law represents car accident victims throughout California. Brake checking, where the driver in front of you slams on their brakes in an aggressive way, obviously leads to serious accidents and injuries. Our California car accident lawyers can explain your options and help you through the legal process. Contact us today for a free consultation.
Do You Need Our Lawyers?
Of all the different causes and types of car accidents we’ve seen, one of the most common happens when people are driving angrily or aggressively. While this typically involves swerving or speeding, it can also lead to situations where they slam on their brakes with you behind them, known as brake checking.
But the question as to whether you need our lawyers depends on your situation. In the event that the accident and your injuries are minor, you probably don’t need to worry about taking legal action, you can just go through insurance.
However, a brake checking situation is likely to lead to more serious accidents and injuries. Additionally, brake checking is illegal under California law, so there’s added legal implications to these accidents. Regardless, our team can help you through the situation by:
- Investigating the accident – In a brake checking accident, the investigation won’t be all that difficult. We’ll simply need to prove that the person that caused the accident was doing so intentionally. Still, we can take a look at all the facts and circumstances to help establish liability and protect your rights.
- Gathering important evidence – Every car accident is going to have evidence. When there’s a brake checking accident, we’ll help you collect accident reports, medical records, and other important pieces of evidence to establish your damages and the other driver’s fault.
- Helping you with insurance – It’s going to make the situation more difficult when an insurance company is involved–which happens in a car accident. With our experience and guidance, we can help you by negotiating with the insurance company and making sure we counter any tactics they try to use to devalue your claim.
- Making things easier – The stress and burden that comes with any car accident can be huge. This is especially true in brake checking accidents, because of the legal complexities and the fact that you’re likely dealing with injuries. More than anything, we strive to make things easier on you and your family. You can focus on your health while we handle the legal side of things.
Liability
There’s another big question you’ll have to answer when you’re in a car accident that was the result of brake checking: who is liable? In most car accidents, both you and the other driver will share some of the responsibility. However, a brake checking accident is slightly different. Most likely, it will involve you rear-ending the person who brake checked you.
You might think that you would be at fault, but because the other driver’s actions were:
- Negligent
- Reckless
They will instead be the one primarily responsible for the accident–and your damages. But your actions before and after the accident will also factor in.
What Should You Do After a Brake Checking Accident?
Nobody wants to be in a car accident, particularly one where they have been brake checked by a reckless or aggressive driver. At the same time, not only are these accidents fairly common, but also scary. Still, there’s a few things you need to do to protect yourself:
- Stay safe – Move to a safe spot, turn on your hazard lights, and check for injuries.
- Call the police – Report the accident to the police and share what happened. Make sure to mention you were brake checked.
- Get as much information as possible – You need to get as much information from the other driver as you can. However, because the situation is likely tense, you may be better off getting insurance and other information from the police.
- Immediate medical care – You’ll need to get medical care right away. Even if you feel okay, see a doctor to make sure you’re not injured.
- Collect evidence – Snap photos of the accident scene, including damages and any signs around. Get names and contacts of any witnesses who saw the accident.
- Tell your insurance – Let your insurance company know about the accident and give them the information they need. Avoid saying it’s your fault or making statements that sound like you caused the accident.
Remember, these are just general guidelines. Every accident is different, but these steps will be critical to how the overall process plays out.
Legal Process in a Car Accident
When you’ve been hurt in a car accident, you’re likely wondering how you’ll take care of your bills and other losses. The answer, thankfully, is that you can file an injury claim. While this process is unique for each accident, it generally follows a standard procedure. Car accident cases typically have two paths to recovery: an insurance claim or a personal injury lawsuit.
- Insurance claim – After an injury-causing accident, your or the at-fault party’s insurance company usually steps in. You start by filing a claim, and then an adjuster evaluates its value. Settling outside of court has benefits like lower costs, quicker access to funds, less hassle, and a clearer understanding of your case’s worth. Yet, dealing with the insurance company may have downsides like delays, not enough money offered, and it being the final decision-maker for how much your case is worth. If the settlement offer isn’t enough, you can consider taking legal action with a lawsuit.
- Lawsuit – Taking your case to court with a personal injury lawsuit requires more time and effort. While it may lengthen the process, it also offers the chance for more significant compensation. Our team helps with tasks like filing paperwork, managing documents, and supporting you in various legal proceedings. This includes preparing for hearings, talking to witnesses, negotiating, and possibly getting ready for a trial. Keep in mind that court results aren’t guaranteed, and though it can take a while, going through this legal process is vital to get the benefits and support you deserve under the law, even beyond the initial claim, possibly lasting for months or even years.
Moreover, all car accident claims in California must be filed within the “statute of limitations,” currently set at:
- Two years from the accident date.
Missing this deadline means forfeiting the ability to file a claim.
Damages
The primary goal of filing a claim is to recover financial support for your injuries and other losses. Known as your “damages,” this support is meant to try to cover all potential injuries from a specific accident, with the actual damages depending on your case’s circumstances. Generally, a car accident claim can include costs for:
- Medical treatment
- Vehicle repair or replacement
- Financial considerations for lost wages or future income
- Damages for pain and suffering
- Reimbursement for emotional distress
- Financial support for the loss of enjoyment of life or companionship
In some cases, you may also be able to recover additional punitive damages because the other driver acted with intentional negligence.
Get a Free Consultation After a California Brake Checking Accident
At Maison Law, we know how damaging any car accident can be, but especially when one is caused by brake checking. Our California car accident lawyers will be there to support you by building a strong case on your behalf and making sure your rights and interests are protected. Don’t wait–contact us today for a free consultation.
