What Happens if Someone Brake-Checked Me and I Hit Them?

Posted on 10/23/23


Has this happened to you? You’re driving when suddenly, the car in front of you hits its brakes. You weren’t expecting it, and before you know it, your bumper collides with the back of their car. 

Don’t panic. Brake-checking is a common cause of rear-end accidents, and you have options to pursue compensation. Contact a Connecticut car accident attorney as soon as you can following your accident. You must begin this process quickly to gather evidence and prove the other driver was at fault.

What Is Brake Checking?

Brake checking occurs when a driver in the car in front of you slams on their brakes without warning or cause. This is not because the driver is stopping to avoid a collision ahead; it is an intentional act, usually associated with road rage. Drivers may do this when the car behind them is following too close, for example. 

Brake checking can lead to a few different accidents:

  • You are too close to brake in time and hit the car that brake-checked you.
  • You swerve to avoid hitting them, which may cause another accident.

Car accident victims in rear-end collisions that happen due to brake checks can pursue legal action. If this sounds like your car accident case, contact an attorney. 

Who Is Liable in a Brake-Checking Accident?

Rear-end accidents are one of the most common types of car accidents. A lot of drivers assume that liability in rear-end accidents is set in stone: the driver behind the other car is at fault. However, this isn’t always the case, especially if you can prove the other driver intentionally brake-checked you. 

You might be able to prove this from:

  • A police report
  • A dashboard camera
  • Eyewitnesses

In these cases, the driver in front may be at least partially liable.

If you decide to seek compensation for the car crash, the insurance company will likely reduce your damages by your portion of the fault. The amount of damages you can collect also depends on the property damage and injuries the accident caused. 

What To Do After a Brake-Check Accident

Any kind of car accident is scary, but ones involving road rage are particularly frightening. If you’re in a brake-check accident, stay calm. Assess the danger of the situation. Is the other driver stepping out of their car? Do they seem angry? 

Calmly exchange information with the other driver, and do not escalate the situation or admit fault. You should also take pictures of the accident scene, including any property damage. Call the police to make a crash report that you can use later for evidence. 

Afterward, seek medical attention, even if you don’t believe you’re injured. At the very least, the doctor can confirm you’re okay. If you do have injuries, you’ll have a medical record of them you can use for evidence.

How The Law Offices of James A. Welcome Can Help

If you were in a car accident where the other driver brake-checked you, having a Connecticut car accident attorney on your side can make a world of difference. A car accident attorney from The Law Offices of James A. Welcome can help:

  • Gather evidence
  • Negotiate with insurance companies
  • File a car accident claim
  • Represent you in court if needed

Were You Brake-Checked? Contact Car Accident Attorneys in Connecticut 

If you were brake-checked and hit the other car, you don’t have to fight this battle alone. A Connecticut car accident attorney from our team at The Law Offices of James A. Welcome is ready to talk about your options. Contact us at (203) 753-7300 for your free consultation.