Davis Law Group Receives Seattle Business Magazine’s ‘Best Companies to Work For’ Award Learn More
Davis Law Group Receives Seattle Business Magazine’s ‘Best Companies to Work For’ Award Learn More
Sometimes, heavy traffic puts you close behind other vehicles through no fault of your own. When the driver in front tries to “warn” you by brake-checking you, it can cause a rear-end collision where you’re not to blame. However, untangling the liability in car accidents caused by brake checking in Washington can be a complicated process. Let’s examine what you need to know about this unsafe practice and how to protect yourself if it’s happened to you.
Brake checking occurs when a motorist unexpectedly presses their brakes, forcing you to slam on yours. Instead of “teaching you a lesson,” they’re setting everyone up for a potentially dangerous rear-end accident. It’s usually the driver in the back who is charged, but you may be able to argue the front driver is to blame if they brake-checked you. Brake checking is considered a road rage behavior, according to the Washington Department of Licensing. By purposely creating a situation that could lead to an accident, the at-fault driver is demonstrating negligence and failing to uphold their duty to drive safely and protect others. A car accident attorney can collect evidence demonstrating how their actions led to the crash and caused your injury. Brake checking is not the same as tailgating. It’s also illegal in Washington, and those charged with this form of reckless driving can face up to 364 days in jail and a $5,000 fine. It takes strong evidence to demonstrate someone was brake-checking you and that you weren’t tailgating, so it’s important to know the steps to take if you’ve been in this kind of wreck.
According to an article in The News Tribune, Washington state has seen an increase in accidents caused by road rage. You’re likely to share the road with people who are driving unsafely and could be aggressive toward you after an accident. It’s wise to know what to do to protect yourself and your opportunity to hold them accountable for any damages. We recommend the following actions after a brake-checking accident in Washington:
Your attorney can help you gather additional evidence, build a case against the aggressive driver, and negotiate a satisfactory settlement with insurance companies. You can begin by filing a claim, but if the insurer insists you were at fault, your lawyer may recommend filing a personal injury lawsuit to present your case to a court.
Police and insurance companies may assume you are at least partly to blame for the accident. You’ll need someone who can create a compelling argument against these assumptions. Fortunately, Washington uses a pure comparative negligence doctrine, meaning even if you are 99% at fault, you can still seek compensation from another driver. It’s vital that you hire a car accident attorney even if you weren’t at fault. Because the liability isn’t clear-cut, the other driver’s lawyer or their insurance company can take advantage of your unfamiliarity with the law. Your attorney will present police reports, dashcam or traffic camera videos, photos, witness statements, and expert testimony to show how the other driver brake-checked you.
If you’ve been injured in Seattle, WA, and need legal assistance, contact Davis Law Group Car Accident and Personal Injury Lawyers. Contact our legal team and schedule a free consultation with a car accident lawyer today. We proudly serve King County in Washington and it’s surrounding areas. Visit our law office at:
Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030 Seattle, WA 98121
(206) 727 4000
Hours: Open 24/7
Complete this CONFIDENTIAL form or call 206-727-4000 for a FREE consultation.
