Who Is at Fault for a Brake Check Accident in Maryland?

Have you ever been driving on a busy highway only for the driver in front to slam on their brakes suddenly, and you narrowly avoided hitting them? This risky maneuver, called brake checking, often leads to rear-end collisions that can result in severe injuries and damage. Brake-checking behavior also goes hand in hand with tailgating, where a driver follows the vehicle in front too closely. Generally, brake checking is illegal in Maryland, and so is tailgating. As such, establishing fault is often challenging in a brake check accident.

What Is Brake Checking?

Brake checking is a driver behavior where a driver intentionally slams on their brakes to force the vehicle behind to stop following too closely. It is a risky and reckless maneuver that can lead to a rear-end collision. In Maryland, reckless driving, including brake checking, is prohibited according to Maryland Code, Section 21-901.1.

Tailgating in Maryland

Driving too closely behind another driver violates Maryland Code, Trans. Art., § 21-310, one must not follow another vehicle closer than is reasonable and prudent. The reasonableness considers the other driver’s speed, traffic, and road conditions.

Now, two wrongs do not make a right. If a driver feels pressured by someone tailgating them, slamming on the brakes is an unsafe and reckless reaction. Similarly, following too close is an unsafe driving behavior that can lead to catastrophic accidents.

Determining Fault in a Brake Check Accident in Maryland

Drivers in Maryland must exercise caution by driving in such a way that any driver of reasonable prudence would. Both tailgating and brake-checking are dangerous behaviors that violate traffic laws, and when one leads to the other, both drivers may share responsibility.

Determining fault in brake-checking accidents is particularly complex in Maryland because of the state’s strict contributory negligence rule. To determine fault, you must prove four elements: duty of care, breach of that duty, causation, and damages. Brake-checking and tailgating breach the duty of care that drivers owe to other motorists, making these behaviors negligent.

However, under Maryland’s contributory negligence rule, a driver who is even slightly at fault for an accident cannot recover damages. If one party is found to be even 1% at fault, they are barred from recovering damages from the other party. This means that if both drivers engaged in wrongful actions, such as tailgating or brake-checking, neither can sue the other for compensation. Instead, one may need to engage an experienced car accident lawyer to recover compensation from their insurance company.

How To Prove Someone Brake Checked You

Proving a brake-checking accident in Maryland can be challenging. For instance, the driver who brake-checked you may give excuses such as they were avoiding hitting an animal or avoiding an accident. However, if you have evidence of repeated, unnecessary braking over a section of the road, you can use it to counter such excuses.

In the same way, you may avoid accusations of tailgating if you were slowing down only for the driver in front to slam on their brakes, leading to the accident. It is crucial to work with a skilled Maryland car accident lawyer to help argue against such claims and build a solid case to ensure you are not wrongfully assigned fault that could bar you from securing compensation.

Contact a Towson Car Accident Lawyer

If you’ve been in a car accident in Towson or Baltimore County, contact our experienced Towson car accident lawyer at Hardball Law today to discuss your case.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-901.1&enactments=false#:~:text=Statutes%20Text&text=(b)%20A%20person%20is%20guilty,a%20fine%20not%20exceeding%20%241%2C000.