An Auto Accident Attorney Can Defend Clients Against Brake-Checking Drivers

Although conventional wisdom says that the person in the rear is always at fault in a rear-end collision, that’s not always the case. Unfavorable driving situations are common, but most people don’t know what to do if someone slams on the brakes in front of them. Read on to learn how fault is assigned in these accidents.

Determining Fault

Fault is determined by the insurers, who assess it according to percentages. More often than not, however, the fault is assigned to the following driver for failing to leave a safe distance between themselves and the front vehicle. Fortunately, some examples show that the braking car can be at-fault. These include:

• Sudden reverse motions
• Slamming on the brakes to turn, but not turning
• Malfunctioning brake lights

Staged Accidents

It’s a sad reality that dishonest drivers are out there, and they will try to manufacture accidents to claim damages against other parties. If someone is brake checked by someone who suddenly pulls in front of them and stops, it could be a staged accident. This is commonly referred to as a “swoop and squat” accident. However, these accidents are hard to prove, and most drivers should try to get help from an Auto Accident Attorney St Petersburg.

The Brake-Checking Driver Faces Serious Consequences

Not many people will pursue a driver who brake checks them, especially if they were following too closely. However, the leading driver can face serious consequences for his or her actions. If, by slamming on the brakes, they are rear-ended, they may not be able to recover damages for personal injury and lost property.

What to do After a Rear-End Collision

The first step is to relax. An accident can be a very stressful, chaotic event, but getting angry or resorting to panic won’t help the situation. It’s only natural to be angry at the other person for the brake check, but arguing won’t help things either. Calmly get the other person’s information, take photos, and get contact information from witnesses if applicable.

Rear-end collisions are very common, but the accompanying liability issues can be complex. The negotiations between drivers and insurers can be challenging, and retaining an Auto Accident Attorney can be beneficial in these situations. Consult the team Winters & Yonker, P.A. for more details or to schedule an appointment. You can also visit them on for more updates.