Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/what-is-brake-checking/) is bringing attention to the serious legal and safety consequences of brake checking, a dangerous driving behavior that continues to affect motorists across the region. The firm’s Western Pennsylvania car accident lawyers are highlighting how this aggressive maneuver not only raises the risk of collisions but can also expose drivers to criminal charges and civil liability.
Brake checking involves a driver intentionally slamming on the brakes to startle or intimidate a vehicle following too closely. While some may see it as a warning to tailgaters, the Western Pennsylvania car accident lawyers at Luxenberg Garbett Kelly & George P.C. make it clear that this act frequently results in rear-end collisions and escalated road rage incidents. The consequences can be severe, both for those injured in the crash and for the driver responsible.
Under Pennsylvania law, brake checking is treated as reckless driving, defined as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” The Western Pennsylvania car accident lawyers at Luxenberg Garbett Kelly & George P.C. warn that penalties may include steep fines, license suspension, and points on the offender’s driving record. In some cases, especially those involving injuries or fraud, drivers may also face criminal charges such as assault or insurance fraud.
Brake checking often stems from frustration with tailgaters, but it can also be used in insurance fraud schemes or as an expression of road rage. The Western Pennsylvania car accident lawyers at Luxenberg Garbett Kelly & George P.C. caution that in fraud-related incidents, drivers may intentionally cause a collision in hopes of collecting a settlement or pressuring another party into avoiding insurance claims. These actions complicate liability and can result in significant legal repercussions.
Accidents caused by brake checking are particularly dangerous on highways and busy urban streets. Sudden stops can cause rear-end crashes, multi-car pileups, and even fatalities. The Western Pennsylvania car accident lawyers at Luxenberg Garbett Kelly & George P.C. point out that injuries from such incidents may include whiplash, spinal trauma, and head injuries that require long-term medical care. The ripple effects also disrupt traffic, delay emergency response, and place additional burdens on public resources.
In Pennsylvania, drivers are typically expected to maintain an assured clear distance ahead. This often leads to the rear driver being presumed at fault in a collision. However, Luxenberg Garbett Kelly & George P.C. explains that the law allows for exceptions. When brake checking is proven to be intentional and unreasonable, fault may be shifted to the lead driver. A quote from the article clarifies, “The act of brake-checking can shift fault to the lead driver… High-quality video evidence can demonstrate the lead driver’s actions and disprove allegations of tailgating by the trailing driver.”
To challenge the default presumption of fault, the firm encourages victims to gather reliable evidence. Dashcam footage is particularly valuable, as it can clearly show the lead driver's behavior. Additional proof, including witness statements and accident reconstruction reports, strengthens the case against the brake-checking driver. Event Data Recorders (vehicle black boxes) may also provide key insights, such as the speed and braking patterns prior to the crash.
Legal outcomes in these cases are influenced by Pennsylvania’s modified comparative fault rule. If the trailing driver is found more than 50% responsible due to tailgating, recovery of damages may be denied. If fault is shared, compensation is reduced in proportion to the driver’s responsibility. The Western Pennsylvania car accident lawyers at Luxenberg Garbett Kelly & George P.C. assist in navigating these rules and building a case that minimizes fault and maximizes recovery.
In the aftermath of a brake-checking incident, Luxenberg Garbett Kelly & George P.C. advises accident victims to take immediate action. Seeking medical attention, preserving evidence, collecting witness information, and obtaining a police report are all essential steps. Prompt and strategic action helps preserve the victim’s legal rights and supports the pursuit of fair compensation.
Brake checking contributes to a hostile and unsafe driving environment across Western Pennsylvania. Luxenberg Garbett Kelly & George P.C. continues to advocate for safer roads and legal accountability for those who engage in reckless driving. Their commitment to representing injured parties and holding dangerous drivers accountable underscores the importance of legal recourse in these situations.
Brake-checking incidents can have far-reaching consequences, from serious injury to lasting financial hardship. Victims may be eligible for compensation covering medical costs, lost wages, and property damage. A strong legal strategy supported by thorough evidence can significantly affect the outcome of a claim. The attorneys at Luxenberg Garbett Kelly & George P.C. provide support for those seeking justice and recovery after a crash.
About Luxenberg Garbett Kelly & George P.C.:
Luxenberg Garbett Kelly & George P.C. is a personal injury law firm based in Western Pennsylvania. The firm represents individuals injured in car accidents and other motor vehicle incidents. With a strong record of advocacy and a focus on fair outcomes, the team helps clients pursue compensation and accountability throughout the region.
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