Who is Responsible for a Brake Check Accident in NYC?
Brake check accidents are more complicated than general rear-end collisions. To determine liability in your case, consult our attorneys following a brake check accident in New York City.
Determining fault for a brake check accident is a tricky thing. While it is generally true that the rear driver is responsible for a rear-end accident, if the front driver slams on their brakes at high speeds, it might be impossible for the driver behind them to slow down even if they were following at a safe distance. Furthermore, fault for a brake check accident might not matter because of the no-fault insurance laws in New York City. However, if you were injured in a brake check accident and sustained a serious injury, our attorneys will aim to prove that the other driver acted negligently and should be held liable for your damages.
To have The Carrion Law Firm’s New York City car accident lawyers analyze your case for free, call (718) 841-0083 today.
Who is Responsible for Brake Check Accidents in NYC?
Brake check accidents are more complicated than normal rear-end collisions. These types of accidents occur when one driver is following another too closely and the driver in front steps on their brakes to keep the other driver on their toes. What might result is an accident that could cause injury to either party.
Let us examine a few situations where you might be involved in a brake check accident. First, let’s assume that you were trailing a car and followed them too closely. Driving rules dictate that all drivers should leave enough space in front of them to account for sudden stops. New York City traffic is often bumper to bumper, and drivers do not always leave enough space between cars. If you are following a driver too closely for their comfort and they slam on the brakes for no reason, they might share fault for your damages if you are injured. This depends on whether or not you can prove that they did, in fact, check their brakes.
More often than not, the driver who initiates the rear-end accident is to blame, though things become complicated if the driver in front hits their brakes unnecessarily. If you tapped on your brakes and the driver behind you hit you, they might be held at fault for your injuries because they did not leave enough room in front of them to avoid such an accident.
Responsibility for Brake Check Accidents and No-Fault Laws in NYC
The issue of responsibility for brake check accidents often becomes irrelevant in New York City because of no-fault laws. Unless a person has sustained a serious injury, fault does not matter following an auto accident; an injured person can simply file a claim with their personal injury protection insurance.
In New York City, all drivers must carry personal injury protection insurance. This coverage provides compensation for damages following an accident, regardless of who is at fault. Victims can only sue if they have sustained a serious injury in a brake check accident. So, depending on the extent of your injuries, it might not matter whether you or the driver involved is to blame for a brake check accident.
That said, injuries sustained in brake check accidents can be serious. Rear-end collisions can result in whiplash, concussions, and spinal cord injuries that qualify victims to file lawsuits. If you were severely injured in a brake check accident, have our Manhattan car accident lawyers review your case to confirm whether or not you can file a claim according to the serious injury threshold. If you can, determining responsibility for your recent brake check accident will be crucial in order for you to recover additional compensation for your injuries and losses.
Proving Responsibility for a Brake Check Accident in NYC
Whether you were the person who hit your brakes or the one tailgating another driver, you might be able to recover compensation in a brake check accident lawsuit. To do so, you must prove the other party’s fault.
Suppose you were driving close to the driver in front of you when they slammed on their brakes. If you were unable to stop quickly enough to avoid a collision and were injured at the time of the accident, you might be able to sue for compensation. While proving fault in these instances can be harder, it is not impossible. For example, if the driver in front did not have working brake lights, you would not have been properly alerted to their slowing down, possibly making them responsible for the accident. Or, if you can prove, whether through their own admission or eyewitness statements, that they checked their brakes for no reason, your claim might be successful.
Suddenly stopping while driving is not always done to keep a tailgating driver at bay. Suppose you were driving and had to stop at a moment’s notice because of an obstruction in the road or other legitimate reason, and the driver behind you was following you too closely to stop at a safe distance from your vehicle, causing them to strike you. In that case, they will be at fault for the accident and responsible for compensating you, provided you meet the serious injury threshold in New York City. Eyewitness statements and security camera footage can help you to prove fault in these instances.
The bottom line is that brake check accidents are complicated, and fault is not always cut and dry. Regardless of the situation and what part you played in a brake check accident, our attorneys can help you recover the compensatory damages that you deserve for your injuries.
Call Our NYC Attorneys About Your Car Accident Today
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