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Making a sudden stop might be necessary to avoid a car accident. However, deliberately stopping short is illegal in North Carolina. Brake checking, as people call this practice, could make a driver liable for a crash.
Proving the driver’s negligence in brake-checking crashes can be challenging. For this reason, you should consult with an experienced personal injury lawyer if you believe this practice contributed in any way to a car accident that left you with serious injuries.
What Is Brake Checking?
Brake checking occurs when a driver intentionally slams on their brakes to startle or intimidate someone behind them. Not only is this practice unsafe, but it can also be illegal as a form of “reckless driving” under North Carolina’s traffic law. The law prohibits driving behaviors that demonstrate “willful or wanton disregard of the rights or safety of others.”
What Are Common Injuries in Brake Checking Accidents?
Brake checking accidents in North Carolina frequently cause severe injuries, including the following:
- Whiplash and neck injuries – The impact force from an NC car accident due to brake checking puts intense pressure on the neck, leading to whiplash or similar injuries.
- Back and spinal injuries – Similarly, severe collisions can damage the spinal cord and connective tissues in the back, which can cause paralysis or other life-altering conditions.
- Head trauma and concussions – Drivers and passengers sometimes hit their heads on the steering wheel or the car’s interior during brake checking accidents.
- Soft-tissue injuries – The violent force of a brake checking crash can tear or strain muscles, tendons, and ligaments throughout your body, leaving you with painful soft-tissue injuries.
What Are Tips for Preventing Brake Checking Accidents?
You can’t control the behavior of other drivers. However, by adhering to the following tips, you can reduce your chances of being involved in a brake checking accident:
- Practice defensive driving – Stay alert, try to anticipate sudden stops, and constantly scan the road ahead for changes in traffic flow. You can react to a potential crash before the situation escalates.
- Maintain safe following distances – Keep at least three seconds of space between your vehicle and the car ahead, giving yourself enough room to stop safely if the driver in front brakes suddenly.
- Avoid aggressive driving situations – If another driver acts aggressively, resist the urge to engage. Calmly change lanes, slow down, or take an alternate route to remove yourself from the situation.
- Report dangerous drivers – Call 911 or *HP (*47) to report reckless or aggressive drivers to North Carolina law enforcement before their behavior causes an accident.
What Should You Do If You Are in a Car Accident Caused by Brake Checking?
You must act quickly to protect your rights after a brake checking accident. Call 911 immediately, then document the scene with your phone and gather witness contact information. Make sure you seek medical attention right away (even if you feel fine), as some injuries might not be immediately obvious. Finally, contact an attorney before speaking to any insurance companies. Your car accident lawyer can protect your interests and start building a strong case while you heal.
Can You Sue a Driver Who Brake Checked You in North Carolina?
Brake checking is an example of someone intentionally putting you in danger. So, you may have the right to pursue a personal injury claim against the driver who caused the crash. It may be difficult to prove the other driver acted intentionally, however. So, make sure you seek help from an experienced attorney who knows how to investigate and establish these cases.
What Compensation Can You Seek in North Carolina Brake Checking Crash?
Your compensation, or damages, in a brake checking collision claim in North Carolina can cover many of the losses you’ve suffered, such as the following:
- Your lost income while healing
- Your reduced future earnings due to a long-term injury or disability
- Your current and future medical expenses related to the accident
- Your pain and suffering
- Your emotional distress
- Your damaged personal property (e.g., the cost to repair or replace your car)
How Can You Prove a Brake Checking Accident?
To recover compensation for a brake checking accident in North Carolina, you must prove the other driver caused the crash by acting carelessly and/or breaking traffic laws. Evidence that could support your case includes the following:
- Dashcam footage – If your car has a dashcam, its footage might provide the clearest proof of a brake checking incident, as the device may have captured the other driver’s sudden, unjustified braking in real time. Preserve any available dashcam footage immediately after the accident, before it overwrites itself.
- Traffic camera footage – Many North Carolina intersections and highways have traffic cameras that may have recorded the moments leading up to your crash. A car accident attorney can work quickly to obtain this footage before authorities delete or overwrite it.
- Witnesses – Bystanders or other drivers who saw the accident can provide powerful testimony about the at-fault driver’s behavior. Eyewitness testimony is especially valuable because it offers a neutral account of the collision. If possible, collect eyewitness contact information at the scene to allow your lawyer to secure their recollections.
- Accident reconstruction – A professional accident reconstructionist can analyze vehicle damage patterns, skid marks, road conditions, and other evidence to demonstrate that the other driver’s braking was both intentional and an unreasonable response to traffic conditions.
When you meet with an auto accident lawyer, they can assess your case to determine the best ways for proving fault in your brake checking accident in North Carolina.
How Long Do You Have to File a Car Accident Claim in North Carolina?
Under North Carolina law, in most cases, you have three years from the date of a collision to file a car accident lawsuit. However, waiting to talk to a lawyer could hurt your case, as crucial evidence can deteriorate or disappear. Talk to a car accident attorney right away to give yourself the strongest chance of recovering full compensation.
Contact a North Carolina Car Accident Lawyer
The Law Offices of John Drew Warlick, P.A., has three generations of experience representing North Carolina residents in personal injury cases. We’ve won millions of dollars for people with severe injuries, and you can see our commitment to justice in the reviews from our clients. We handle all the legal work to make the process as painless as possible for you.
We know you’re likely facing significant financial stress, which is why we won’t charge any fees unless you recover compensation. Call now or complete our contact form for a free consultation.
