Brake Checking Car Accidents in Kentucky
Car accidents are an unfortunate reality in the United States, and Kentucky is no exception. Brake checking is one of the less known causes of car accidents. This dangerous behavior involves the driver in front intentionally slamming on the brakes to shock or “punish” the rear driver. Brake checking can cause accidents that result in severe injuries and even death. Below is more on car accidents caused by brake checking in Kentucky.
What Is Brake Checking?
Brake checking usually occurs when a motorist is upset with another motorist, often due to tailgating. If the driver behind is following too closely, the front driver may retaliate by abruptly hitting their brakes. Brake checking often forces the driver behind to act fast so they can avoid a crash. For example, a driver may be forced to swerve or suddenly step on their brakes to avoid an accident.
Regardless of the reason for brake checking, drivers should avoid this behavior, as it is extremely dangerous and puts both drivers and other road users at risk. Brake checking can lead to the rear driver colliding with the front driver or swerving dangerously. The main problem with brake checking is that the rear driver may not have enough time to react, leading to a serious accident.
Is Brake Checking Illegal in Kentucky?
Kentucky does not have a specific law against brake checking. However, this behavior could be considered reckless driving. Kentucky Revised Statutes 189.290 provides that motorists must operate their vehicles carefully with regard to the safety and convenience of other road users and should not operate their vehicles in a manner that endangers other people or property.
Common Types of Accidents and Injuries Caused by Brake Checking
Brake checking can lead to various types of accidents, including the following;
- Rear-end accidents
- Sideswipe accidents
- Multi-vehicle pileups
- T-bone accidents
- Head-on collisions
Often, brake checking leads to rear-end accidents. When a driver slams on their brakes without warning, the driver behind may collide with the back of their car.
The following are some of the common injuries caused by brake checking;
- Whiplash
- Back injuries
- Head injuries
- Chest injuries
- Broken bones
- Facial injuries
- Leg and knee injuries
- Soft tissue injuries
- Internal injuries
Determining Liability After a Brake Checking Accident in Kentucky
In Kentucky, determining liability after a brake-checking accident can be complex. While the brake-checking driver is likely to be considered negligent, they may not be the only ones to blame. All the parties involved in the accident may share responsibility. For example, if the rear driver was tailgating, they too may be liable.
In cases where more than one party is to blame for the accident, each party’s degree of fault will be assessed. Under Kentucky’s pure comparative negligence rule, even if a driver is partially at fault for their accident, they can still recover damages. However, any damages awarded to a plaintiff who is partially at fault are reduced by their percentage of fault.
Contact a London and Southeast Kentucky Auto Accident Attorney
For legal help, contact our skilled and dedicated London & Southeast Kentucky auto accident attorneys at Cessna & George Law Firm.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=55551
