- March 5, 2022
Even the most patient driver can be disgruntled by the massive amount of traffic on Greenville’s roads. Sudden road rage can result in dangerous car accidents in Greenville, SC that may result in severe injury or even death. Controlling the brake means applying the brakes quickly so that the driver in the queue has little time to stop to avoid a rear-end collision with you. Drivers who experience fits of road rage may hold you back if they feel you are following them too closely.
For every 100 million miles driven on South Carolina roads, the Insurance Institute for Highway Safety (IIHS) reported 1.83 deaths. We are among the top Greenville traffic accident attorneys committed to helping those injured in accidents caused by drivers checking their brakes. Read on for more information about how and why there may be shared liability for these car accidents in Greenville.
Brake Testing; What Does It Mean?
Drivers when checking their brakes often result in rear-end collisions because they apply the brakes in traffic without giving drivers behind them enough time to react to the adjustment. Such collisions seem to result in the victim of the accident being the person who applied the brakes, while the person who reprimand them is the one to blame.
While there are no specific laws regarding brake checking, it is often seen as aggressive driving or a form of road rage, and if the driver is found to have caused the collision because of the other driver’s erratic behavior, they may be held responsible.
How Can I Prove Someone Is at Fault for A Braking Collision?
It can be difficult to prove that you were involved in a collision while you were using your brake control, as the other driver may accuse you of skidding. Our attorneys have the resources to thoroughly investigate these cases and can find key evidence that could prove the accident was caused by someone else.
The following evidence may be considered:
- The report of the police
- Witness testimony from an expert on accident reconstruction
- Testimonies provided by witnesses
- Video footage obtained from traffic and surveillance cameras
When you can safely do so, it is important to take photos of the damage to all vehicles involved in the accident and the roadway, talk to witnesses, and make sure you get the police report of the law enforcement officer who was involved in the accident.
A Lawyer for Car Accidents in Greenville Demonstrates How to Recover Damages:
No matter whether there is evidence indicating that Greenville drivers injured themselves while checking another driver’s brakes, filing a claim under their Personal Injury Protection (PIP) policy will provide them coverage for medical costs or any lost wages.
As part of Greenville’s no-fault system, drivers must purchase a minimum level of first-party insurance. To receive compensation from their insurance, drivers must first notify their insurer. The other driver may be able to compensate them from their liability insurance if their damage exceeds the amount being recovered through insurance.
In Greenville, PIP does not compensate for non-economic damages like pain and emotional trauma, so you should contact one of our experienced attorneys who may be able to assist you in recovering all the compensation you are entitled to.
Insurance Companies Will Use The Following Excuses To Deny Liability:
Your attorney’s work may provide enough evidence for the insurance company to refute the claim by arguing that the driver’s insurance does not include intentional acts. Moreover, if they can prove the other driver checked your brakes, the insurance company may still deny the claim.
Insurers may refuse to cover the costs arising from property damage caused by a driver who has intentionally caused injury to someone. However, our lawyers point out that even if the person intentionally braked, it was not with the intent to harm anyone else. Insurance companies may claim that you were the cause of the accident as you were closely following their client. This may likely understate the value of your claim as it is extremely complex to counter.
If you are found to be partially at fault for car accidents in Greenville, SC, you can still receive reduced compensation as long as you are less than 50% responsible.
Call An Auto Accident Attorney in Greenville:
You may be entitled to compensation for damages if your accident was caused by someone else’s negligence, which includes accidents other than brake-checking or tailgating. You should contact a Greenville auto accident lawyer to discuss the situation.
