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Who is Liable for an Car Accident that Results from a Driver Brake Checking on the Highway?
Apr 03, 2020
A question that deserves thorough consideration
In nearly all cases, the vehicle in the rear will be considered a majority at fault. Providing a clear distance between you and the driver ahead of you is a duty of reasonable care required of any motorist.
Still, the question in this instance is if the driver in front "brake-checks" on the highway, who would be at fault? The circumstance bears a closer inspection of negligence and the potential for fraud.
Drivers have a duty of reasonable care. In many jurisdictions the duty of reasonable care for a driver following another vehicle is calculated using the "Assured Clear Distance Ahead" rule.
In addition to the Assured Clear Distance Ahead rule, BREACH of Duty of Care can be found in a number of other circumstances [1]
Failing to Follow a Safe Distance
- Not using Turn Signals
- Not Maintaining Control of Vehicle
- Failure to Pay Attention to Hazards
- Failing to Stop in a Reasonable Time
- Failing to Yield the Right of Way
- Failure to Drive at a Prudent Speed
There are a few circumstances where the driver/vehicle in front can also be found negligent [2].
- Front Vehicle's Brake Lights Don't Work
- Front Vehicle Abruptly Stops to make a Turn and Does not Complete the Turn
- Front Vehicle Reverses Quickly
- Driver has Flat Tire but does not Pull Over and/or Put on Hazard Lights
Chances of having the driver in front share negligence in the circumstances above are much better in a state where Comparative Negligence is the rule of law. Many of those who jump to the "always the fault of the driver in the rear" camp are likely influenced by experience in a Contributory Negligence system where recovery of damages in a rear end collision is difficult if not impossible for the driver from behind.
Based on the accepted points above, a "brake-check" is obviously a difficult circumstance to prove or transfer negligence.
QUESTION: If an accident occurs due to someone brake-checking you on the highway, who is at fault?
Given the circumstances presented in the question ("brake-check" - "highway") it may be important to know about one of the most common forms of fraud in auto accidents; the "Swoop and Squat".
A "swoop and squat" occurs when a car swoops in front of another vehicle, while a second car comes alongside the target vehicle in the rear, removing the next lane as a way of escape. The car in front then slams on the brakes (say brake-checks
) while the vehicle in the rear has no place to go but hit the vehicle in front.
Though hard to prove, if the claim was due to an act of fraud such as a staged Swoop and Squat, it is worth a discussion with your insurance company and an attorney. Insurance companies are inclined to prosecute fraud if enough evidence exists to pursue action.
Dash Cam anyone?
This article may have been originally published at Quora.com.
To see Jeff's Quora.com profile click here.
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