Who Is at Fault If Someone Brake Checks You in Indiana?

Were you involved in a rear-end collision after another driver decided to brake check you in Indiana? If so, you may be worried about whether you could be held responsible for the crash. People almost always assume the rear driver is responsible for a rear-end accident, but what if the collision only occurred because of an aggressive brake check?

Brake checking is both irresponsible and dangerous. Drivers who brake check others can be partially or fully at fault for this reckless maneuver. However, even when drivers who brake check others might seem at fault, proving their liability can be incredibly challenging. Unless you can provide evidence to demonstrate that the other driver brake checked you and caused the crash, you won’t be able to hold them responsible.

It is vital to work with a trusted attorney if you have been involved in a brake check accident in Indiana. At Truitt Law Offices, our dedicated personal injury lawyers have been fighting for Indiana accident victims for more than 40 years. We know just how catastrophic brake check accidents can be. Our team is here to help you hold aggressive drivers accountable.

Contact us today to discuss the details of your Indiana brake check accident with an attentive member of our team. We provide free initial consultations and do not charge any legal fees unless we win money for you.

What Is Brake Checking?

Brake checking occurs when a motorist intentionally slams on their brakes to startle, irritate, or intimidate the driver behind them. The driver on the receiving end of a brake check is typically forced to brake suddenly or swerve into a neighboring lane to avoid causing a rear-end collision.

In many cases, the rear driver does not have enough time or distance to maneuver and collides with the vehicle ahead of them. Traffic behind the brake check victim might also be unable to stop in time. That can lead to frustrating scenarios where both parties claim they were wronged and dispute who is actually at fault.

Here are the top reasons drivers brake check other drivers:

• Road rage – Aggressive drivers will often use brake checking to irritate or frustrate others on the road. When experiencing road rage, an aggressive driver might decide to brake check the vehicle behind them to deter tailgating or show displeasure with another act. Some aggressive drivers might even race in front of others and stomp on their brakes to retaliate for perceived slights.

• Reckless “fun” – Reckless drivers sometimes brake check other vehicles driven by friends or family members in the name of “fun” or “harmless” irritation. Unfortunately, this dangerous maneuver can still lead to devastating crashes, even when no malice is intended.

• Insurance fraud – In some cases, drivers engage in brake checking to cause accidents on purpose. They hope that they can blame the rear driver and collect compensation from a fraudulent insurance settlement.

 Is Aggressive Brake Checking Illegal?

Yes. Brake checking is an illegal driving practice here in Indiana. Indiana is one of just 11 states with specific laws against aggressive driving.

Under § 9-21-8-55 of the Indiana legal code, a driver commits an aggressive driving offense if they “knowingly or intentionally” engage in aggressive driving behaviors to “harass or intimidate” someone in another vehicle. Aggressive driving violations also occur when a driver does at least three of the following while driving:

• Follows too closely
• Operates their vehicle “unsafely”
• Passes others on the right by driving off of the roadway
• Slows down or stops unsafely
• Sounds their horn unnecessarily
• Fails to yield the right of way
• Drives at an “unsafe” speed
• Repeatedly flashes their headlights

Although brake checking is not explicitly mentioned in the text of the law, stopping or slowing unsafely is legally defined as a type of aggressive driving maneuver. When combined with other common aggressive behaviors, brake checking could lead to aggressive driving charges in Indiana.

Aggressive driving is typically prosecuted as a Class A misdemeanor in Indiana traffic courts, punishable by $5,000 in fines and up to one year in jail. If someone is convicted of aggressive driving in a highway work zone, they could even be charged with a felony.

Is It Always My Fault If I Rear-Ended Someone?

Some people assume that the driver in the rear is automatically at fault when they crash into a vehicle in front of them. However, the truth is that the driver of either could be at fault and, in some cases, another party may share responsibility.

If an aggressive driver intentionally cut you off and brake checked you, they would likely be at least partially at fault. In some cases, you would bear at least some responsibility for failing to maintain a safe following distance or stop your vehicle in time. However, with strong enough evidence, it might be possible to demonstrate you had no way to avoid the crash.

A third party might also be partially at fault for the accident. For example, if your brakes didn’t work because a manufacturing defect caused them to fail, the negligent manufacturer of the brakes may bear responsibility. A knowledgeable attorney can help you determine who was at fault in an Indiana brake check accident and seek compensation from all possible sources.

How Can You Prove the Other Driver Brake Checked You?

Proving that the other driver brake checked you is difficult, but not impossible. With the help of a trusted attorney, you can gather and present evidence to support your claim, such as:

• Video of the crash from a dashcam or traffic camera

• Recording of the other driver admitting fault for the brake check

• Statements from witnesses who saw the collision occur

• Testimony from expert witnesses such as accident reconstruction specialists

 Contact an Indiana Car Accident Attorney Today

Brake checking is a hazardous and negligent practice. While drivers might employ the tactic with the intent of irritating or sending a signal to another driver, their actions could ultimately cause a severe injury or fatal wreck. If an aggressive driver brake-checked you and caused you harm, turn to the Indiana car accident attorneys of Truitt Law Offices right away for help.

Contact us today to learn more about your legal options in a free initial case review.

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Does a Police Report Say Who Was at Fault in Indiana?

When injury accidents happen in Indiana, people involved often wonder, “Who determines which person was at fault for the crash?” Answering this question is even more critical when severe injuries, significant financial losses, and pain and suffering deserve accountability and compensation.

Who determines fault in a car crash in Indiana? The police are called to the scene and create and file an accident report. However, police reports are not the final word on who is at fault for a car accident. This article discusses what is in the police report, how insurance determines responsibility, the role of the courts, and more.

Do the Police Determine Who Was at Fault for a Crash?

After an auto accident in Indiana, especially one with injuries or fatalities, it’s up to local law enforcement to file an accident report. This report typically contains an account of the basic facts of the accident as the officer understood them. The officer may issue a citation to one or more of the drivers involved in the crash.

That might seem like the end of the issue, but that’s not necessarily true. When police issue a citation after an accident, they look at whether a driver committed a criminal traffic offense. Criminal responsibility is not the same as civil liability, however. A police report is not the final word when it comes to recovering compensation for your injuries.

You can use information from a police report to help build your case, but you can also use other evidence to show another driver was at fault for the crash. Depending on the circumstances of the accident, you may have been cited for your actions, but the other driver could still be fully or partially liable for your injuries. Talk to a car accident lawyer to learn more.

When Do You Have to File an Indiana Accident Report?

Indiana law requires drivers to contact police after any crash in which someone was injured or killed. Additionally, you must file an accident report if there’s more than $1,000 in property damage. Finally, you must report an accident to the police if you hit an unattended vehicle and cannot locate the owner.

Failing to report an accident to police can have serious legal consequences. If you do not report an accident to the state Bureau of Motor Vehicles within 10 days, you could have your driver’s license suspended and your vehicle registration invalidated. Additionally, you could be charged with a misdemeanor offense, with the potential penalties including up to $500 in fines and up to 60 days in jail.

What Information Should Be Included in an Indiana Police Report?

Sometimes police cannot respond immediately to an accident, even when someone has been injured. You should file a personal accident report with the local law enforcement agency if this happens to you. Without an accident report, it can be challenging to prove that crash occurred, which could make it much more difficult for you to recover compensation for your injuries.

If you file a personal accident report after a crash, make sure to include the following information:

• Any photos you have from the scene of the crash, as well as documentation of the damage to all the vehicles involved in the accident.
• The name, phone number, and address for everyone in all vehicles involved in the accident. That includes both drivers and any passengers in the crash.
• The driver’s license number for all drivers involved in the crash, including your own driver’s license number.
• The license plate numbers of all vehicles involved in the accident.
• Insurance information for all drivers involved in the collision.

When describing the accident in your report, stick to the basic facts of the accident. You don’t want to say anything that could jeopardize your injury claim.

How to Request a Copy of an Indiana Crash Report

There are a few different ways to request a copy of a police accident report in Indiana. The easiest way is to contact an Indiana car accident lawyer. Your lawyer can navigate the police bureaucracy while you focus on getting treatment for your injuries.

If you wish to request the report yourself, you can do so online by going to the website for the Indiana State Police. Bear in mind that if you go through the state system, you will have to pay a fee to request your report.

How Does Insurance Determine Who Is at Fault?

Most car accident claims in Indiana end in an insurance settlement, which means the insurance companies determine fault for the crash, as well as how much compensation you’ll receive. To determine who’s responsible for a collision, the insurance companies may look at the police accident report and other evidence like:

• Eyewitness accounts

• Crash scene photos

• Medical records

• Testimony from expert witnesses

• Forensic accident reconstruction reports

If you disagree with an insurance company’s decision regarding fault for a crash, you can take your case to court. At that point, it’s up to the judge or a jury to weigh the evidence and decide who’s at fault for the accident.

Why You Should Contact a Car Accident Attorney

A lot of work is involved in recovering compensation for your injuries after a car accident. It goes far beyond requesting accident reports. That is one of the main reasons to hire a car accident lawyer. A skilled attorney can take care of all of the legal legwork for you. While you’re focusing on recovering from your injuries, your lawyer can negotiate for a settlement from the at-fault party’s insurer or file a lawsuit to seek justice in court.

If you were involved in a crash, the first call you should make is to the Indiana car accident attorneys at Truitt Law Offices. We’ll start by discussing your rights and legal options during a free consultation. If you hire us, we’ll aggressively seek the compensation you need and deserve.

The post Does a Police Report Say Who Was at Fault in Indiana? appeared first on Truitt Law Offices.

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