According to an article in 24/7 Wall St., St. Cloud was named the worst city to drive in throughout Minnesota. This was based on specific factors, including traffic fatalities, commute time, and car thefts.
While many dangerous driving behaviors can cause an accident, one that is commonly seen on roadways throughout Minnesota is brake checking.
What Is Brake Checking?
Brake checking is a dangerous driving practice where a driver deliberately and suddenly applies the brakes to force the driver behind them to decelerate. In many cases, this leads to a car accident.
When an accident like this occurs, the question of liability is confusing. After all, in many accident cases, the rear vehicle would be at fault; however, since the lead driver hit their brakes, essentially causing the accident, the liability issue becomes foggy.
In these situations, it is smart to schedule a consultation with a car accident attorney in St. Cloud. The attorney can review the facts of your case and help determine liability.
Understanding Brake Checking
Brake checking is more than a reckless driving habit; it’s often a deliberate act steeped in aggressive behavior or road rage. The psychology behind why someone engages in brake checking is debated. However, many agree that it sometimes stems from a driver’s impulsive reaction to perceived slights or frustrations on the road. It is important for drivers to maintain composure and adhere to Minnesota car accident laws to foster a safe driving environment.
Common situations where brake checking occurs include heavy traffic where drivers might be more impatient, while cars are attempting to merge lanes or in retaliation to being tailgated. In such scenarios, the aggressive driver suddenly stops, forcing the vehicle behind to do the same, oftentimes resulting in a collision.
From a legal standpoint, brake checking is considered negligent and dangerous driving behavior under Minnesota car accident laws. Victims of brake-checking accidents should seek the guidance of a car accident attorney in St. Cloud to understand their rights and the legal remedies available to them.
The Consequences of Brake Checking Accidents
Brake-checking accidents can have severe consequences, posing substantial risks to both drivers and others on the road. Considering the potential damage and harm caused, physical injuries are likely. These typically range from minor cuts and bruises to life-altering damages such as spinal injuries or fatalities.
Beyond the physical repercussions, victims often undergo mental trauma, grappling with anxiety and post-traumatic stress disorder (PTSD) post-accident. The traumatic imprint left can lead to a long-term aversion to driving, substantially affecting individuals’ daily lives.
Brake-checking accidents often result in property damage, leaving victims with hefty repair bills or total losses of their vehicles. Understanding Minnesota car accident laws with help from a car accident attorney in St. Cloud can help victims navigate the insurance claims process. Your attorney will understand the law and leverage their knowledge and resources to ensure the accident victim receives rightful compensation for the property damage incurred.
Legal Provisions in Minnesota Regarding Brake Checking
Brake checking is not only a dangerous driving practice but is also penalized under Minnesota traffic laws. Being well-acquainted with the rules can be your stronghold if you are the victim of a brake-checking accident
The specific penalties for offenders can vary depending on the accident’s severity. Generally, the at-fault party might face fines, license suspension, or even jail time in extreme cases. A responsible citizen must report such incidents, assisting in maintaining safe roadways in St. Cloud.
Moreover, victims have civil liability avenues open for them. In situations where a brake checking incident leads to personal injury or property damage, victims can file a civil lawsuit seeking compensation for their losses. A skilled car accident attorney in St. Cloud can guide victims in building a strong case, helping them to understand their rights and the nuances of Minnesota car accident laws.
What to Do if You Are a Victim of Brake Checking
It is important to know what to do if you are the victim of a brake-checking accident. Knowing the immediate steps to take can significantly aid in safeguarding your rights as per Minnesota car accident laws.
Ensure your safety and that of others by moving to a safe location, if possible. Next, call emergency services to report the accident and seek medical attention if required.
Gathering evidence is a crucial step in this process. Document the scene by taking pictures and videos from different angles capturing the damages and the road conditions. Also, consider gathering eyewitness statements and noting down their contact information.
Make sure to report the incident to the appropriate authorities. This would include informing the police and promptly reporting the accident to your insurance company. For a guided legal pathway, consult a car accident attorney in St. Cloud to represent your interests effectively and help build a solid case.
Your Rights As a Victim of a Brake-Checking Accident
Brake checking is a dangerous driving behavior that can cause serious accidents and injuries. Understanding its impact — from physical injuries to potential legal penalties — is essential if you are a victim.
Taking swift and informed actions is essential if you are the victim of such an unfortunate event. This includes reporting to the proper authorities and gathering substantial evidence to build a case.
An experienced car accident attorney in St. Cloud can be your ally in this journey, guiding you through the legal landscape to ensure you secure justice and rightful compensation. If you need help with your case, contact our office to schedule a free consultation.