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Is Brake Checking Illegal in Indiana?

Is brake checking illegal in Indiana? Brake checking is when a driver intentionally engages their brakes to scare the driver behind them or cause them to wreck. Though no law in Indiana specifically mentions brake checking, there’s a good chance a court may consider it reckless driving.

You will need evidence to support this claim, however, so don’t hesitate to contact an experienced car accident attorney in Indiana today. Crossen Law Firm has the experience and help you need to receive fair compensation in the event of a car accident caused by brake checking.

What Causes Someone To Brake Check?

Drivers think that brake checking is a way to make a driver pay for their errors on the road. Oftentimes a driver will brake check someone who is tailgating them to signal them to back away from their vehicle, but this is never a safe or wise way to deal with altercations on the road. In the majority of cases when someone rear-ends another driver, they are found to be at fault for the accident. This makes many drivers think they will be safe from any legal consequences if they brake check someone and get in an accident since they assume the rear-ender will be at fault.

Though it is true that rear-enders are typically found to be at fault in accidents, if you can prove that the driver brake checked you, they could be found guilty of reckless driving which may even land them in jail.

How Can You Prove Brake Checking?

It’s always important to state that seeking medical attention should be your top priority in the event of a car accident. Tend to your injuries first, and then proceed on to gathering evidence for your legal claim.

If it is safe to exit your vehicle at the scene of the accident, do your best to take photos of any damage to the vehicles or marks on the road that resulted from the accident. Photographic evidence will go a long way in helping your case, but you should also speak with any witnesses that were present at the scene of the accident and get their contact information in case you need testimony from them in court.

Proving another driver is at fault for a car accident is no easy feat, and will be extremely difficult for you to do alone, let alone while recovering from an injury. Our experienced attorneys are prepared to gather any and all evidence you need for your car accident claim to ensure you receive the compensation you deserve.

Comparative Negligence

Indiana follows a modified comparative negligence rule, which states that drivers may share responsibility for the accident if they are found to be partially at fault. If you are found to be partially at fault for an accident, it could hurt your chances of receiving the maximum compensation for your injuries. Not only this, but your insurance rates will likely increase as well if you are found to be partially at fault for an accident.

Contact an Indiana Car Accident Lawyer Today

If you are suffering from an injury that resulted from a brake check, chances are that you are feeling overwhelmed and think this situation is too big to handle on your own. It’s not time to worry; it’s time to take care of yourself. Crossen Law Firm is here for you. Our Indianapolis car accident lawyers are equipped with the knowledge and resources to help you with your claim and advocate for your best interests.

To schedule a free consultation with our reliable team, dial (317) 401-8626 today. Or contact us online.

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