Brake checking is a dangerous driver behavior that can be considered reckless driving in New Mexico – especially if it results in an automobile accident. If you are in a car accident involving brake checking, knowing who is liable or legally responsible can help you seek fair financial compensation for your injuries, property damage and various other losses.
An Albuquerque car crash lawyer from The Fine Law Firm can help you navigate the complexities of determining fault in a brake checking incident, ensuring that you have the legal support needed to pursue fair compensation for your injuries, property damage, and other losses.
What Is a Brake Check Accident?
A brake check accident is a motor vehicle collision that occurs when a driver abruptly slams on the brakes, typically to send a message to another driver. Brake checking is often done as an aggressive behavior to warn another driver that he or she is following too closely (tailgating). It is a dangerous practice that can result in serious rear-end collisions and chain reaction crashes.
Who Is Responsible for a Brake Check Collision?
Since New Mexico is a fault state, it is necessary to determine who is at fault for causing a car accident before an insurance claim can be filed with that party’s provider. In a brake check accident, both parties may be held responsible: the rear driver for following too closely and the other driver for reckless brake-checking behaviors.
Brake checking is a dangerous form of reckless driving, and can therefore be proof of fault in a car accident case. However, the rear driver may also share fault if he or she was tailgating. New Mexico’s traffic laws state that drivers must not follow other vehicles more closely than is reasonable and prudent based on the speed of the vehicles and traffic conditions on the highway.
Maintaining a safe and reasonable following distance will allow a driver to hit the brakes in time to prevent a rear-end collision if the leading driver slows down or stops. While brake checking is never an appropriate reaction to tailgating, following too closely could allocate a portion of fault to the rear driver, as well.
Pure Comparative Negligence Law in New Mexico
Under New Mexico’s pure comparative negligence law, both parties can be assigned a percentage of fault. Each person’s financial award will be reduced by an amount equivalent to his or her degree of fault for the accident. If 30 percent of liability is allocated to the tailgating driver, for instance, and 70 percent is assigned to the brake checking driver, each would be eligible for partial compensation for the remaining percentage.
Know Your Rights After a Brake Check Accident
Brake check car accidents are nuanced legal cases. There is no one-size-fits-all answer when it comes to determining fault or liability. These determinations will require thorough crash investigation and an analysis of the situation. It is important to protect your rights by hiring a car accident lawyer for assistance with this type of claim in New Mexico.
A car accident attorney can return to the scene of the crash, assess photographs and video footage, interview witnesses, access cell phone records, and take other steps to determine which driver is at fault. Your lawyer can then present evidence of fault to an insurance company or in court, if necessary, to help prove your claim. A lawyer can help you achieve maximum compensation even if you are being accused of contributing to the crash due to following too closely or allegedly brake checking another driver. Your lawyer will represent you in and out of the courtroom for optimal case results. For more information about a specific car accident, contact The Fine Law Firm for a free legal consultation.