Brake checking is a dangerous driving behavior that occurs when a driver suddenly slams on the brakes in order to teach the car behind them a lesson. The intent is to either make the driver behind them slow down or to cause them to rear-end them. Unfortunately, this behavior is not only dangerous but can lead to serious car accidents. In Houston, brake checking incidents are not uncommon. In this blog post, we will explore what happens if brake checking causes a car accident in Houston, TX.
When a brake checking incident leads to a car accident, the consequences can be serious. The driver who caused the accident may be held liable for the damages caused to the other driver’s property, injuries, and any other related costs. The driver who causes the accident also risks ticketing, fines, and even criminal prosecution.
Damages After Texas Brake Checking Accident
1. Medical Expenses
The first type of damage you could receive after a brake checking accident in Houston involves medical expenses. If you or a loved one in your vehicle suffered injuries due to the accident, you may be able to recover compensation for medical expenses. This includes hospitalization costs, prescription drug costs, rehabilitative services, and any other medical expenses related to treating your injuries. If you can prove that the accident caused your injuries, then you are legally entitled to receive compensation for your medical bills and expenses.
2. Lost Wages
The second type of damage that you could receive for a brake checking accident in Houston is lost wages. If your injuries have left you unable to return to work for a period of time, you may be entitled to compensation for lost wages. This could include the time you missed from work due to your injuries, doctor’s appointments related to the accident, as well as lost earning capacity if you can no longer perform your job at the same level as before the accident.
3. Property Damage
The third type of damage that you could receive for a brake checking accident in Houston is for property damage. If your vehicle was damaged in the accident, you may be entitled to compensation for repair or replacement costs. You can also claim any other property that was damaged in the accident, such as personal belongings in your car.
4. Pain and Suffering
The fourth and the most complex damage that you could receive for a brake checking accident in Houston is pain and suffering. This type of damage is meant to compensate you for the emotional and physical distress you suffered as a result of the accident. The amount of compensation for pain and suffering can vary depending on the severity of the accident. Experienced attorney Adam Miller, The Texas Bulldog, can help you build a strong claim and provide evidence to support it.
5. Punitive Damages
Punitive damages can be added in rare cases. In such situations, if the driver who caused the accident acted with malicious intent or willful disregard for the safety of others on the road, additional damages can be awarded to punish the negligent behavior and act as a warning for other drivers.
Who is held Liable for Brake Check Accident
In Houston, TX, the driver who caused the accident will be held liable for the damages caused. The other driver is entitled to file a claim for compensation. The driver who caused the accident may be ordered to pay damages in court or through an insurance claim. Additionally, if the brake checking incident causes an injury, the driver who caused the accident may be held criminally liable. The driver could be charged with reckless driving, assault, or other related criminal charges. This could result in fines, jail time, or other legal consequences.
It is important to note that even if a driver rear-ends another driver due to brake checking, the driver who rear-ends the other car may not necessarily be completely at fault. If it can be proven that the brake checking was the direct cause of the accident, the driver who caused the brake checking may be held responsible.
In order to avoid brake checking accidents, drivers should avoid tailgating, remain calm behind the wheel, and practice defensive driving. If you are the victim of a brake checking accident in Houston, TX, it is essential to seek advice from experienced car accident attorney Adam Miller, The Texas Bulldog. The attorneys at The Miller Law Firm will work diligently to help you recover compensation and navigate the legal process. Call now for a free, no-obligation case review at 713-572-3333. We work on contingency, which means we don’t get paid unless you get paid. You will never be asked to pay any upfront fees or charges.
