Being on the road means being ever vigilant. There are times in which you will need to make a quick turn in order to avoid an accident. There are also times in which you will have to make a quick stop. If you get into a car accident after slamming on your breaks, there is a chance, that the party who was behind you could accuse you of stopping short. Stopping short, or break checking, is against the law in some areas. The issue is proving or disproving the claims. Here is how to deal with an accident in which you are being accused of brake checking.
Explain to the officer why you hit on your brakes
The truth is, there are a number of reasons why you could have hit on your brakes. It could have been due to a car in front of you stopping, something coming out into the road, or several other reasons. Remember to include the reason in the accident explanation to the police officer. This will be included in the incident report and act as a matter of record later.
Hire an accident attorney
If you find out that the other party plans to blame you for the accident due to brake checking, this could lead to you having your own claim approved and it could lead to you being blamed and receiving a traffic citation. This could cause your car insurance to soar plus mean that you have to pay for your own car issues related to the accident out of pocket. A car accident attorney will help you adequately defend your case and ward off possible citations.
Determine safe following distance
If a person is not adhering to safe following distance, they can be found at fault for the accident regardless of the other facts. With your lawyer, determine what speed you were going, the speed limits and any signage in the area, and how close the other car was to you when the accident happened. If they were too close, they are at fault for rear ending you and any accident damage.
Get in contact with witnesses
If there were witnesses to the accident or if you were on a residential street with people who saw you brake, you should get in contact with these witnesses. Even if braking to stop tailgaters is illegal, you have the right to stop your vehicle, especially if you needed to slow down for a turn or traffic light or stop for your own safety. Producing a statement from these witnesses could stop your accusers in their tracks.
For a car accident attorney, contact a law firm such as Scherline And Associates.
