Brake-checking is one of the most dangerous types of road rage to plague New York drivers. Accidents involving brake-checking are unfortunately common and can leave you dealing with serious injuries on top of substantial property damage. Who can you hold liable in a brake-checking accident, though?
While the cops file criminal charges against brake-checkers, you can work with personal injury lawyers at the Law Office of Cohen & Jaffe, LLP in New York to bring a personal injury claim against the driver responsible for your collision. It’s these drivers from whom you can demand financial compensation, as these drivers deliberately endanger the people behind and around them.
Is Brake-Checking Illegal?
The term “brake-checking” refers to a driver’s practice of pulling in front of your car on a busy street and immediately – and dangerously – reducing their speed. Many drivers brake-check the people around them in a fit of road rage.
Brake-checking is illegal in New York. The state can prosecute parties who brake-check in criminal court because of the danger that brake-checking presents to everyone on the highway.
While the police take action against a brake-checker in criminal court, you may take action against the offending party in civil court. Doing so allows you to recover damages based on the losses you sustained in a brake-checking accident.
Is Brake-Checking a Misdemeanor or Felony Crime?
The state of New York views brake-checking as a form of aggressive driving. There are circumstances, too, where brake-checking may constitute assault, particularly if the offending driver acted aggressively toward a survivor before the incident. It’s the offending driver’s behavior that determines whether the state prosecutes brake-checking as a misdemeanor or a felony.
Brake-checking accompanied by shouting, aggressive gestures, and other forms of reckless driving can allow criminal prosecutors to charge the offending driver with criminal assault. This can constitute a felony. However, if the accident stems from a car’s mechanical failure, you may only have the right to take the offending party to civil court.
There’s also a chance that the party in front of you brake-checked you as a result of someone else’s poor roadway behavior. If you can get the contact information of the offending driver, both you and the brake-checking party may have the right to hold that driver accountable for your losses. New York’s civil courts may even allow you to divide fault for your accident between these parties.
How Does New York State Punish Brake-Checking?
Brake-checking accidents that stem from someone’s deliberate choice to endanger you and your loved ones constitute criminal offenses. As mentioned, the driver’s behavior determines whether or not they may face misdemeanor charges or felony charges.
If a prosecuting attorney believes that an accident involved aggravated driving but not assault, the offending driver in question may have to either argue for their innocence or pay significant fines. The state may also request that the driver serve limited jail time or assume license points. These are common consequences for criminal mischief misdemeanor charges.
If a prosecutor believes that you were assaulted or that an accident constitutes vehicular manslaughter, the offending driver may face felony charges. The consequences for these charges can include a prison time of up to 25 years and a fine of $5,000.
How Can You Address Brake-Checking in Civil Court?
Whether or not the state decides to bring criminal charges against the driver responsible for your brake-checking accident, you have the right to hold that driver accountable for your losses in civil court. You can work with a car accident lawyer to demand loss-based compensation by filing a personal injury claim against that driver.
Unfortunately, New York’s no-fault liability policy may make it harder for you to move a case forward. You need to work with an experienced attorney to bring together enough evidence to prove that:
- The brake-checking driver owed you a duty of care
- The brake-checking in question violated that duty
- You suffered significant economic losses as a result of that misconduct
Should your claim move forward, you have the right to recover non-economic damages like pain and suffering in addition to the economic damages provided by your no-fault insurance. You can learn more about your right to support when you meet with a car accident lawyer for a FREE case evaluation.
Let Our Car Accident Lawyers Address Your Brake-Checking Accident
If you’re recovering from a brake-checking accident, get in touch with one of New York’s car accident attorneys. The team with Law Office of Cohen & Jaffe, LLP can streamline your recovery without getting in the way of your right to attend medical appointments and go back to work.
You can book a free case evaluation with our team today to learn more about the services we can provide survivors like you. Let’s work together to secure the compensation you need from a negligent driver. Call our office at (516) 358-6900 or contact us online.
