Car Accidents Caused by Brake Checking in Alabama
On Alabama’s highways and backroads, drivers face various risks. You can encounter everything from distracted motorists to bad weather conditions. One particularly reckless behavior that has gained more attention in recent years is brake checking.
While it might sound harmless to some, slamming on the brakes to send a message to a trailing driver can lead to catastrophic accidents. Victims of brake-checking crashes often suffer life-altering injuries. Proving fault in these cases can become crucial to the recovery process.
It is important to understand both the legal and human sides of these claims. This article explains what brake checking is, why it is so dangerous, how to prove negligence in such cases, the types of damages available, and how an experienced lawyer can help protect your rights.
What Is Brake Checking?
Brake checking occurs when a driver deliberately and suddenly slams on the brakes to “warn” or intimidate another driver. It often occurs when a trailing driver is following too closely.
In most situations, it occurs when:
- A driver feels another car is tailgating and tries to force them to back off
- A motorist loses their temper in heavy traffic and looks to send a message
- Aggressive drivers engage in “road rage” behavior by intentionally trying to cause fear or even a crash
While tailgating itself is dangerous, brake checking significantly escalates the risk. A sudden stop leaves the trailing driver with little time to react.
This is especially true when vehicles are traveling at highway speeds. The result can be a rear-end collision or, worse, a chain reaction involving multiple vehicles.
Under Alabama law, brake checking is considered reckless driving. If it leads to an accident, it may be treated as negligence.
Why Is Brake Checking Dangerous?
Brake checking is far more than a petty driving habit. It creates an immediate hazard for everyone on the road.
Some of the reasons it’s so dangerous include:
- Reduced Reaction Time – even attentive drivers may not have time to brake or swerve when the car in front suddenly slams on the brakes
- High-Speed Risks – because traffic moves fast on highways or busy streets, there is little margin for error when another vehicle hits the brakes
- Chain-Reaction Collisions – one rear-end crash caused by brake checking can trigger a pileup involving several vehicles
- Risk of Rollovers – larger vehicles, such as trucks or SUVs, may roll over when swerving suddenly to avoid a brake-checking driver
- Escalation of Road Rage – what starts as brake checking can spiral into further aggressive driving, creating even more danger
Because the maneuver is deliberate, victims often feel especially angry and helpless. They did nothing wrong, yet they are left with injuries, medical bills, and a long road to recovery.
Proving Negligence in Brake-Checking Accidents
To recover compensation in Alabama, you typically must prove that the brake-checking driver acted negligently. Negligence means that the other driver owed you a duty of care, breached that duty, and caused your damages.
However, the challenge is even greater in Alabama because of the contributory negligence rule.
Contributory Negligence in Alabama
Alabama is one of only a handful of states that still follow pure contributory negligence. You may be barred from receiving compensation entirely if you are found to be even 1% at fault for an accident.
In brake-checking cases, the defense may try to argue that you were following too closely and therefore share blame. This makes it especially important to gather substantial evidence.
You must prove that the other driver’s intentional or reckless actions caused the crash.
Evidence to Prove Brake Checking
Proving brake checking can be difficult. An experienced attorney will know where to look for critical evidence.
Useful sources can include:
- Dashcam Footage – increasingly common, this can show a sudden braking maneuver
- Traffic Cameras or Surveillance Footage – cameras near intersections or businesses may capture the incident
- Witness Testimony – other drivers or passengers may testify that the lead vehicle slammed on the brakes intentionally
- Vehicle Data – some modern cars contain “black box” data that records sudden deceleration
- Police Reports – law enforcement may note aggressive driving behaviors in their report
An attorney can investigate all these angles to build a case that establishes negligence.
What Damages Are Available in Brake Checking Accident Cases?
Victims of brake checking accidents may suffer both physical and financial hardships. Under Alabama law, you may be entitled to pursue compensation for economic and non-economic damages.
Economic Damages
These cover the direct financial losses you suffer.
For example:
- Medical expenses, hospital bills, surgeries, and rehabilitation
- Prescription medications and medical equipment
- Lost wages from time missed at work
- Loss of future earning capacity if you cannot return to your job
- Property damage to your vehicle and personal items
Non-Economic Damages
Brake checking crashes also cause emotional and personal losses that can’t be measured in dollars alone.
You may be entitled to compensation for:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of quality of life
- Loss of companionship in some cases
Punitive Damages
Because brake checking is often an intentional or reckless act, punitive damages may be available.
These damages are designed to punish the wrongdoer and deter similar misconduct in the future.
How a Personal Injury Lawyer Can Help
After a brake checking accident, victims often feel overwhelmed. Medical bills pile up, insurance adjusters call repeatedly, and the other driver may deny responsibility. This is where a skilled attorney can make a difference.
For example:
- Investigating the Crash – gathering dashcam footage, witness statements, and expert testimony to prove negligence
- Challenging Fault – pushing back against contributory negligence arguments designed to shift blame onto you
- Calculating Damages – assessing both current and future losses to ensure you don’t accept a settlement that falls short
- Negotiating with Insurers – insurance companies often undervalue claims, and your attorney will negotiate aggressively to secure fair compensation
- Taking the Case to Trial – if the insurer refuses to be reasonable, your attorney will take your case before a judge and jury
When you work with a strong advocate, insurers know you won’t settle for less than you deserve.
Contact the Birmingham Car Accident Attorneys at Belt, Bruner & Barnett Personal Injury Lawyers for a Free Consultation
If you or a loved one has been injured in a brake checking accident in Alabama, don’t hesitate to get help.
Contact the car accident attorneys at Belt, Bruner & Barnett Personal Injury Lawyers for a free consultation. We know how to build strong cases to fight for the compensation you need to move forward.
We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas. We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73159361945047, -86.58690898412395
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694