Brake-checking and rear-end car accidents are some of the most common in Arkansas. Unfortunately, they can also be one of the hardest types of cases to prove fault.
Although proving liability is difficult in brake check cases, our Arkansas car accident attorneys have strategies that can help. Brake-checking is considered aggressive driving and is not tolerated in Arkansas. However, evidence might be scarce, and many of these cases are decided on the credibility of each party.
Call us at (479) 316-0438 today for a free assessment of your case with our Arkansas car accident attorneys.
Who Is to Blame for a Brake Check Car Accident in Arkansas?
Determining liability in a “brake check” car accident in Arkansas can be extremely challenging. This is because these types of accidents tend to come down to one driver’s word against another, with little other evidence for lawyers and the court to go on. Brake-checking is when one driver quickly pumps their brakes, usually as a warning to a driver behind them that they believe is following too closely. Brake-checking is considered a form of aggressive and reckless driving and is illegal in Arkansas. No driver is allowed to operate on the road in a reckless or aggressive manner and can be held liable for their careless behavior.
The problem with brake-checking cases is proving that the other driver in fact caused your accident by stopping suddenly. It is common for the rear driver to be held liable in a brake check accident since it is assumed that they should be able to avoid danger in front of them if they are paying attention. As many of us know, however, a driver might brake check you even if you were not following too closely.
One of the best ways of proving fault in a brake check car accident is through witness testimony, if available. If you had a dash camera installed when the accident occurred, even better. If this evidence is not available, the case will typically be determined by the drivers’ testimony.
What Should I do After Being Injured in a Brake Check Car Accident in Arkansas?
After you have been injured in a brake check car accident in Arkansas, you can take several steps to help you get the compensation you deserve as quickly as possible. Always call the police after your accident, and be sure to get medical care immediately. If you have collected evidence or photos, our Springdale car accident attorneys can use them as we build the strongest case possible.
Call 911
It is important to call the police after a brake check accident in Arkansas. The police officer who arrives on the scene will fill out an accident report and record all involved parties’ names and contact information. The officer will also usually photograph any damage to vehicles or property and take down witness statements.
Police reports are incredibly important in a brake check car accident case as they can help victims recover damages in a lawsuit. The reports are also a great source of information, which our team can use to track down more information.
Exchange Driver Information
After calling 911, exchange driver information with the other driver if possible, including contact information, license plate number, insurance information, and policy numbers. If there are witnesses on the scene who can corroborate your version of events or provide additional relevant information regarding what happened during the accident, ask them for their contact information so that you can follow up with them later on. If there are no witnesses present at the scene of your accident, take photos or videos that show traffic conditions during and after the incident, as memory is not always reliable.
The driver should exchange their information with you, regardless of their attitude after the accident. Even if no one is injured in a brake check accident, Ark. Code. § 27-51-104 requires all motorists involved in an accident resulting in property damage over $1,000 to give their names and addresses to each other at the scene of the crash.
Document the Scene
Take photos of any damage to your vehicle or injuries sustained by you or others involved in your accident. Snapshots from a cell phone camera can be helpful when attempting to recover compensation later. If there are no witnesses present at the scene of your accident, be sure to take photos or videos showing traffic conditions during and after the incident, as memory is not always reliable later.
Also, take photos of your injuries either at the scene or while getting treatment at the hospital. It can take months to get compensated for your injuries. By the time your case reaches court, the visible aspects of your injuries might have healed completely. The court will be able to appreciate the full gravity of your injuries with photos to illustrate what they were like when first sustained.
Seek Medical Attention
You should seek medical attention as soon as possible after your accident. Considering the types of neck and back injuries victims can suffer in a brake check accident, it is important to get medical care even if there are no obvious signs of injury. Damaged ligaments, muscles, and tendons might not cause immediate pain but can cause serious problems later on if they are not properly treated at the time of injury. These kinds of injuries are common in brake check accidents and might be masked by the adrenaline from the incident.
Getting medical treatment will also start building evidence in your case. Your medical records are usually one of the most important pieces of evidence you will submit when you file your lawsuit. Without immediate medical care, it is hard to argue later that your injuries are as serious as they might be.
Contact Our Attorneys
If you are hit from behind or were brake-checked, it is important to contact our Rogers car accident lawyers as soon as possible to have the best chance of recovering the compensation you are entitled to. We will thoroughly investigate the facts and circumstances surrounding your accident and determine who was at fault for causing it. We will also work with local law enforcement officials to obtain any witness statements or other evidence that may help establish liability in your brake check car accident.
Once we have gathered all available evidence, we negotiate with the insurance companies on your behalf to settle your claim for compensation for medical expenses, lost wages, pain and suffering, and other damages related to your accident. However, we are prepared to take your case to trial if a satisfactory settlement cannot be reached.
Our Arkansas Car Accident Lawyers Can Help
For a free case review with our Fayetteville car accident lawyers, contact us today at (479) 316-0438.