Brake Check Crash Lawsuits in Cincinnati

by Injury Law Support | Nov 4, 2024

Brake check crashes are a serious concern on Cincinnati roads, leading to unexpected collisions, injuries, and complex legal disputes. A brake check occurs when a driver intentionally hits their brakes suddenly, often in close traffic, causing the vehicle behind to collide with them. While these incidents can stem from frustration, road rage, or a misunderstanding, they often result in costly damage, painful injuries, and challenging legal questions about who is at fault.

If you or someone you know has been involved in a brake check crash in Cincinnati, understanding your rights is essential. These cases can be legally complicated, as fault isn’t always clear-cut, and the intent behind the brake check plays a significant role in determining liability. In this article, we’ll explore the ins and outs of brake check crash lawsuits in Cincinnati, covering how liability is determined, what evidence can support a claim, and how an experienced attorney can help you seek fair compensation after such a collision.

What Is The Definition of a Brake Check in Ohio?
Is Brake Checking Legal in Ohio?
What Are The Penalties For Braking Checking in Ohio?
Who Is To Blame For a Brake Check Crash in Ohio?
How Should I Handle a Situation Where The Driver In Front of Me Keeps Brake-Checking?
Can Brake Checking Be Used For Insurance Fraud?
What Types of Injuries Happen In a Brake Check Crash?
If I Hit The Driver That Brake Checked Me, Can I Still File a Lawsuit For Damages & Injuries?
What Lawyers Handle Brake Check Crashes in Cincinnati?

What Is The Definition of a Brake Check in Ohio?

In Ohio, a “brake check” refers to the act of a driver suddenly and intentionally pressing their brakes, often without warning, to force the vehicle behind them to slow down abruptly. This maneuver is usually done in close traffic, and while it can be a reaction to tailgating or frustration, it often creates a highly dangerous situation. Brake checks can lead to rear-end collisions, causing property damage, serious injuries, and even complex legal disputes over fault and liability.

Under Ohio law, brake checking is considered an aggressive driving behavior and may even be classified as reckless driving, depending on the circumstances. When a driver deliberately brake checks another vehicle, they may be held responsible for any resulting accident, especially if it can be proven that the act was intentional and posed an unnecessary risk to others on the road.

Brake check incidents are particularly problematic because they disrupt the natural flow of traffic and often leave the driver behind with little time to react. In most cases, the rear driver is assumed to be at fault in rear-end collisions. However, when a brake check is involved, determining liability can become more complex, as Ohio courts may consider the aggressive behavior of the front driver as a contributing factor to the crash.

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Is Brake Checking Legal in Ohio?

Brake checking is not only dangerous but is generally considered illegal. Brake checking occurs when a driver intentionally hits their brakes in an attempt to force the car behind them to slow down suddenly, often as a reaction to tailgating or frustration. While some may think of it as a way to “teach a lesson” to the vehicle following too closely, brake checking is an aggressive driving maneuver that can have serious consequences, including rear-end collisions and multi-car pileups.

Ohio law classifies brake checking as a form of reckless or aggressive driving, as it intentionally disrupts traffic flow and creates unnecessary risks on the road. Under Ohio’s reckless driving statutes, drivers who engage in behaviors that willfully endanger others or demonstrate a blatant disregard for traffic safety can face fines, penalties, and even criminal charges in severe cases. In a brake check incident, the driver who initiates the sudden braking may be held legally responsible if their actions lead to an accident.

Why Is Brake Checking Considered Dangerous and Reckless?

Brake checking leaves the following driver with little time to react, making it likely that they will rear-end the vehicle in front. While rear-end collisions typically place blame on the following driver, the context of brake checking complicates liability. Ohio courts and insurance companies may assign fault to the driver who initiated the brake check, especially if evidence shows it was a deliberate act.

Beyond the legal consequences, brake checking puts everyone on the road at risk. Sudden braking can cause the rear driver to swerve or slam on their own brakes, which could lead to chain-reaction accidents involving multiple vehicles. In Ohio, driving in a way that threatens others’ safety goes against traffic laws designed to promote responsible and courteous road behavior.

What Are The Penalties For Brake Checking in Ohio?

If caught brake checking, Ohio drivers can face various penalties, depending on the severity of the incident. Law enforcement may issue a citation for reckless or aggressive driving, and if an accident results, the driver could face liability for damages, including injury and property damage costs. In extreme cases, reckless driving charges may even lead to license suspension or criminal charges.

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Who Is To Blame For a Brake Check Crash in Ohio?

Determining who is at fault in an Ohio brake check crash can be challenging because it involves assessing the actions and intent of both drivers. In most rear-end collisions, the driver who rear-ends the vehicle in front is typically presumed to be at fault for following too closely or not reacting in time. However, when a brake check is involved, Ohio law may assign some or all of the responsibility to the driver who initiated the brake check, as this action is often considered reckless or aggressive driving.

Understanding Fault in Brake Check Crashes

In a brake check scenario, the front driver hits their brakes suddenly, often in reaction to a perceived or real tailgating situation. While tailgating can be frustrating, brake checking to “send a message” can be seen as an irresponsible response. In Ohio, intentionally creating a hazard for others on the road may constitute reckless driving, which can shift or share fault in the event of a crash.

Ohio’s comparative negligence law allows for fault to be divided between drivers, meaning both the front and rear drivers might bear some responsibility in a brake check accident. For example, if the rear driver was following too closely, they might still hold a percentage of the blame, while the brake-checking driver could also be found liable for initiating the dangerous maneuver. In such cases, the degree of fault assigned to each driver will influence how compensation is awarded.

How Evidence Affects Blame in Brake Check Accidents

Assigning blame in a brake check crash often relies on available evidence. Common forms of evidence that can support claims include:

Dashcam Footage: Video evidence can show whether the brake check was a deliberate action, the traffic conditions, and the spacing between vehicles, all of which help establish fault.
Eyewitness Testimonies: Statements from other drivers or passengers can provide insight into whether the brake check appeared intentional and how each driver was behaving before the crash.
Accident Reconstruction: In cases where the cause is disputed, accident reconstruction experts can analyze the crash to determine how each driver’s actions contributed to the collision.

Shared Fault and Ohio’s Comparative Negligence Rule

Under Ohio’s modified comparative negligence rule, a driver who is more than 50% responsible for an accident cannot recover damages. If the brake-checking driver is found to be primarily responsible, they may be unable to claim compensation for their own injuries or damages. Conversely, if the rear driver is deemed more than 50% responsible, they may not be entitled to compensation, even if the brake check contributed to the accident.

For example, if a court determines that the brake-checking driver was 60% at fault for creating the unsafe situation and the rear driver was 40% at fault for following too closely, the rear driver may be able to recover some compensation for their damages, adjusted according to their degree of fault.

The Importance of Legal Representation in Brake Check Cases

Because fault in brake check crashes can be complicated to determine, working with a knowledgeable attorney can be highly beneficial. Legal professionals can help gather evidence, interview witnesses, and present a clear case to establish fair responsibility for the accident. If you’re involved in a brake check crash, understanding Ohio’s fault laws and working with an attorney can help protect your rights and ensure that fault is fairly assessed.

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How Should I Handle a Situation Where The Driver In Front of Me Keeps Brake-Checking?

Encountering a driver who repeatedly brake-checks can be frustrating and, more importantly, dangerous. If you find yourself in this situation, it’s essential to stay calm and handle it safely to protect yourself and others.

Steps to Handle a Repeated Brake-Checker: Maintain a Safe Distance: If the driver in front of you keeps brake-checking, the safest response is to increase the distance between your car and theirs. By giving them plenty of space, you’re less likely to be forced into an abrupt stop, reducing the risk of a rear-end collision. A larger following distance gives you more time to react calmly and safely, regardless of their behavior.
Do Not Engage or Retaliate: It can be tempting to express frustration by honking or trying to pass the driver, but engaging with aggressive drivers can escalate the situation. Retaliating, such as by speeding up to catch up or making gestures, can provoke more aggressive actions from the brake-checking driver. Instead, stay focused on maintaining your safety and keeping a level head.
Change Lanes When Possible: If it’s safe and legal, move to another lane to create distance from the brake-checking driver. This simple action can help you avoid further incidents and defuse any potential tension. Ensure it’s safe to change lanes first and always use your turn signals to signal your intentions to other drivers.
Slow Down Gradually: Sometimes, simply reducing your speed slightly can discourage a brake-checking driver. Slowing down gradually might signal that you are not close enough to pose a threat, which can sometimes lead the driver in front to stop the brake-checking behavior. This is especially effective on highways or multi-lane roads where traffic is moving at higher speeds.
Consider Reporting the Driver if Behavior Continues: If the brake-checking is persistent and seems aggressive, it may be necessary to report the behavior. Many states have non-emergency hotlines for reporting reckless driving. When making a report, provide as many details as possible, including the vehicle’s make, model, color, and license plate if you can safely do so. Do not use your phone to call or text while driving—pull over to a safe spot before reporting.
Stay Alert and Prepared: Brake-checking can happen unexpectedly, so stay vigilant and prepared for sudden stops if you suspect the driver in front may continue the behavior. Keep both hands on the wheel and focus on the road ahead. Avoid distractions, as quick reactions are critical in these situations.

Why Avoiding Aggression is Key

Responding calmly and avoiding aggressive behavior is essential for your safety and that of others on the road. Brake-checking drivers may be acting out of anger, frustration, or road rage, and engaging with them can increase the risk of escalation. By following the above steps, you can reduce the likelihood of an accident and keep yourself safe, even in a challenging situation.

Can Brake Checking Be Used For Insurance Fraud?

In a typical insurance fraud scenario involving brake checking, the driver in front will intentionally hit their brakes to force the car behind them to collide. Since rear-end collisions are generally assumed to be the fault of the rear driver, the front driver may then claim compensation for supposed injuries or vehicle damage. They may exaggerate their injuries or the cost of repairs, seeking a payout from the other driver’s insurance.

In some cases, fraudulent drivers may even stage these incidents in high-traffic areas where sudden stops are less suspicious, increasing the chance that the rear driver will be blamed. This practice can lead to significant financial losses, legal battles, and higher insurance rates for innocent parties.

Identifying Signs of Possible Fraud

There are certain warning signs that may indicate a brake check incident is being staged for insurance fraud:

Intentional Driving Patterns: If the driver in front repeatedly brakes for no apparent reason or seems to be watching your car closely, this could be a red flag. Fraudulent drivers may tailgate, speed up, and slow down erratically before hitting the brakes.
Multiple Occupants or Witnesses: Some staged accidents involve multiple occupants who act as “witnesses” to falsely corroborate the front driver’s claim. These individuals may later claim injuries as well, inflating the potential payout.
Pre-existing Damage: Fraudulent drivers may already have damage on their vehicle that they intend to claim as part of the collision. If you’re able to safely examine the other car after the accident, note any mismatched damage that doesn’t align with the collision.
Eagerness to Settle Quickly: Fraudulent drivers may push for a quick settlement or discourage you from involving the police or insurance companies. If they try to avoid official documentation, it may be an attempt to avoid scrutiny.

What to Do if You Suspect Brake Checking Fraud

If you’re involved in an accident and suspect the other driver may have brake-checked you as part of a fraud scheme, here are some steps to protect yourself:

Call the Police: Reporting the accident to the police ensures there is an official record of the incident. Police officers can help document the accident scene and any suspicious behavior, which may be useful if you need to dispute fraudulent claims later.
Document Everything: Take photos of both vehicles, the accident scene, and any visible damage. If there are witnesses, gather their contact information. Dashcam footage, if available, can be invaluable in proving the other driver’s actions leading up to the accident.
Notify Your Insurance Company: Inform your insurance provider as soon as possible and explain your suspicions about potential fraud. Insurance companies have dedicated fraud departments that investigate suspicious claims and can help protect you from fraudulent payouts.
Seek Legal Guidance: If the case becomes complicated or the other driver files a lawsuit, consider consulting with an auto accident attorney in Cincinnati. An attorney can guide you through the legal aspects of disputing fraudulent claims and help you present evidence that proves the other driver’s intent.

Reporting suspicious behavior to your insurance company and the police can help deter insurance fraud and ensure that justice is served.

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What Types of Injuries Typically Happen In a Brake Check Crash?

The suddenness and force of a crash caused by brake-checking can cause several common injuries, ranging from mild to severe. Following are some of the typical injuries associated with brake check crashes:

Whiplash

Whiplash is one of the most common injuries in rear-end collisions, including brake check crashes. It occurs when the neck is forced to move back and forth rapidly, similar to a whip’s motion, which strains the muscles, ligaments, and tendons. Symptoms of whiplash can include neck pain, stiffness, headaches, and dizziness. In some cases, the effects of whiplash can be long-lasting, requiring physical therapy and ongoing treatment.

Back and Spinal Injuries

The force of a brake check collision can place significant strain on the spine, leading to back injuries ranging from minor muscle strains to more serious spinal injuries. Herniated discs, fractured vertebrae, and other spinal injuries can result from the impact, often causing chronic pain, limited mobility, and, in severe cases, nerve damage. Spinal injuries can be particularly debilitating, sometimes requiring surgery and extensive rehabilitation.

Head and Brain Injuries

In a brake check crash, the abrupt deceleration can cause occupants to hit their heads against the steering wheel, dashboard, or headrest, resulting in head and brain injuries. Mild concussions are common, but more severe traumatic brain injuries (TBIs) can also occur. Symptoms of a TBI may include confusion, memory loss, headaches, and, in serious cases, long-term cognitive issues. Even mild head injuries require careful monitoring, as they can lead to complications if left untreated.

Facial Injuries

Facial injuries are also common in brake check crashes, as the sudden impact can cause drivers or passengers to strike the steering wheel, dashboard, or airbags. This can lead to cuts, bruises, fractures, and even dental injuries. Airbags, while essential for safety, can also cause burns and abrasions to the face and arms due to the rapid deployment in a high-impact collision.

Chest Injuries

Brake check crashes often force drivers and passengers against their seatbelts, which, while critical for safety, can cause chest injuries. Bruised or fractured ribs, as well as injuries to the sternum, are possible due to the seatbelt’s force during a collision. The pressure exerted on the chest can also lead to more severe injuries for those with pre-existing heart conditions, so immediate medical attention is recommended after a crash.

Arm, Shoulder, and Wrist Injuries

The natural reaction during a sudden stop is often to grip the steering wheel tightly, which can lead to sprains, fractures, or dislocations in the arms, wrists, and shoulders. Additionally, if the airbags deploy, the force can injure the arms or shoulders, especially if they are raised at the time of impact. Drivers and passengers may experience pain, swelling, and reduced mobility in these areas following a crash.

Psychological Trauma

While not a physical injury, the psychological effects of a brake check crash can be significant. Being involved in a sudden and unexpected collision can lead to anxiety, post-traumatic stress disorder (PTSD), and a general fear of driving. Psychological trauma may not be immediately apparent but can develop over time, impacting the injured party’s quality of life and mental health.

Understanding the types of injuries commonly associated with these accidents can help individuals recognize symptoms early and seek the proper care. If you’ve been injured in a brake check crash, consulting with a healthcare professional and, if necessary, a legal expert, can help ensure you receive appropriate treatment and support.

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If I Hit The Driver That Brake Checked Me, Can I Still File a Lawsuit For Damages & Injuries?

Yes, in many cases, you can still file a lawsuit for damages and injuries if you hit a driver who brake-checked you. Ohio law recognizes that aggressive maneuvers, like brake-checking, create dangerous conditions on the road. If it can be proven that the front driver intentionally caused the collision by brake-checking, they may be held partially or fully liable for the accident, allowing you to pursue compensation for your losses.

How Fault is Determined in Brake-Check Accidents

In cases involving brake-checking, fault isn’t as straightforward as in typical rear-end collisions. Ohio follows a comparative negligence standard, meaning that fault can be divided between both parties based on their actions leading up to the crash. If the brake-checking driver is found to have acted recklessly, they may bear a greater share of the responsibility for the accident.

For example, if it’s determined that the driver who brake-checked you is 60% responsible, while you are 40% responsible for following too closely, you could still recover damages, but your compensation would be reduced by 40% to account for your share of the fault. However, if the other driver is more than 50% responsible, they could be primarily liable, allowing you to recover a greater portion of your damages.

Key Evidence for Building a Brake-Check Claim

To successfully file a lawsuit, having strong evidence to show that the other driver brake-checked you intentionally is critical. Some types of evidence that can help support your claim may include:

Dashcam Footage: Dashcam videos are one of the most valuable pieces of evidence in brake-check cases, as they can show the moment the front driver hits their brakes, their driving patterns, and whether their actions appear deliberate.
Eyewitness Testimony: Testimonies from passengers or other drivers who witnessed the incident can support your account of the brake check and reinforce your claim.
Police Report: If law enforcement responded to the accident, the police report may contain notes on any reckless or aggressive driving behavior, including brake-checking.
Accident Reconstruction: In some cases, accident reconstruction experts can analyze the circumstances of the crash to determine fault, which may be helpful if liability is disputed.

What Damages Can You Seek in a Brake-Check Lawsuit?

If you file a lawsuit and can prove that the other driver’s brake-checking caused or contributed to the accident, you may be able to recover compensation for:

Medical Expenses: Costs for hospital visits, physical therapy, surgeries, and ongoing medical treatment related to injuries from the accident.

Lost Wages: Compensation for any time missed from work due to injuries, as well as potential future lost earning capacity if injuries affect your ability to work long-term.

Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the crash.

Vehicle and Property Damage: The cost of repairing or replacing your vehicle and any other personal property damaged in the collision.

The Role of Legal Representation

Due to the complexity of brake-check cases, it’s often beneficial to work with a personal injury attorney who can help gather evidence, build a strong case, and negotiate with insurance companies on your behalf. An attorney can assess the details of the crash, determine the likelihood of a successful claim, and help you pursue fair compensation based on Ohio’s comparative negligence rules.

What Types of Lawyers Handle Brake Check Crashes in Cincinnati?

Personal injury lawyers – and more specifically – car accident lawyers, are generally the best choice for handling brake check crash cases. Car accident attorneys are personal injury lawyers who focus specifically on motor vehicle accident cases. With a deep understanding of traffic laws and the nuances of car accident liability, they are equipped to handle incidents involving brake checks, rear-end collisions, and road rage. Car accident attorneys in Cincinnati can assess the circumstances of your crash, interpret relevant laws, and work with experts to build a case that proves fault.

These attorneys may also work with accident reconstruction specialists who can recreate the sequence of events in the brake check incident, which can be crucial for establishing that the other driver’s actions were intentional and reckless. This evidence can help you strengthen your claim and hold the responsible party accountable.

If you need help finding a reputable car accident lawyer for your Cincinnati brake check crash, contact the team at Injury Law Support. We have a pre-vetted list of local, licensed auto accident lawyers that are ready to help you today. Our service is free and available 24/7.