If you are injured in an accident caused by another party, you may be able to recover compensation for your damages. But, what if you rear-ended another vehicle because its driver suddenly hit their brakes? Are you always at fault for rear-ending someone?
In most cases, the rear driver is at fault for crashing into the driver in front of them. But not always. If you were involved in an accident due to another party brake-checking you, you need the help of an experienced Oklahoma City rear end accident lawyer to help protect your rights.
What Is Brake Checking?
Brake checking is the practice of suddenly hitting your brakes to signal the driver behind you to move back or to scare them. It is often done when a driver feels like the vehicle behind them is following too closely. However, it is an aggressive and dangerous move that can result in catastrophic collisions, sometimes involving multiple cars in a chain reaction.
A motorist who causes an accident due to their brake-checking can be held liable for the damages that result. However, if the driver who rear-ends the brake-checker was following too closely, they may also be liable.
Injuries In OKC Brake-Checking Accidents
Brake-checking accidents can result in devastating injuries. Rear-end collisions can cause traumatic brain injuries, spinal cord damage, neck and back injuries, broken bones, burns, lacerations, crush injuries, facial injuries, and severe soft tissue damage.
Some brake-checking accident injury victims do not survive. Others are left with life-altering injuries that require expensive, long-term medical care. These injuries are particularly agonizing because they are so easily avoidable. Brake-checking is never worth the potential risks.
Fault In Brake-Checking Accidents
Determining fault in an accident that involves brake-checking can be challenging, especially in a chain-reaction accident involving multiple vehicles. Some potentially liable parties may include:
- The brake-checker.
- The driver who rear-ended the brake-checker was following too closely.
- Other drivers who also crashed because they were following too closely or were distracted and did not respond quickly enough to avoid the crash.
- The owners of the vehicles, employers of drivers, and other third parties.
Since Oklahoma follows a comparative fault model, multiple parties may be found liable for the accident and injuries. If you are partially at fault, but not more than fifty percent, you may still be able to recover compensation for your damages from the other at-fault parties. However, your compensation will be reduced by the percentage of fault assigned to you.
In such cases, liability is often highly contested. You need the help of an experienced car accident injury lawyer to protect your rights and help you recover the compensation you deserve.
Contact an Experienced Oklahoma Car Accident Attorney
Insurance companies work hard to deny or devalue claims. In a brake-checking accident, insurance companies will fight even harder to shift blame, helping them avoid paying any damages or limit the amount they pay.
At Warhawk Legal, our car accident attorneys have the experience, skills, and resources to hold the at-fault parties and their insurance companies responsible for paying your damages. We work tirelessly to avoid or limit any assignment of fault to you to help maximize your recovery.
If you have been injured in a brake-checking accident, we want to help you. Call (405) 294-1243 or visit our contact page to schedule a free consultation.