Road rage is a real phenomenon. While it can take many forms, including cutting people off, tailgating and intentionally driving too slowly, they can all pose an equally dangerous threat. Those who engage in these behaviors increase the risk of causing a serious car accident that can leave innocent motorists like you harmed. This can be especially true when a driver brake checks you, causing you to slam into the back of their vehicle. One of these wrecks can leave you with serious neck and head injuries, broken bones and severe lacerations. These injuries, in turn, can force you to miss work, incur medical expenses and struggle to live the normal life you love.
A personal injury lawsuit could help you offset these losses, but in the case of brake checking, proving your claim could be more challenging than you think. This is because in most car accident cases the driver who rear-ends another is oftentimes found to be at fault for the crash. That isn’t necessarily the case when brake checking is involved, but the burden is on you to show how the other driver acted negligently or recklessly, thus resulting in your wreck.
Where can you find evidence to support your brake checking case?
You might have several options here to build a compelling personal injury case. As you develop your claim, be sure to look in the following places for the evidence needed to support your position:
- Traffic cameras: Many major intersections and highways have traffic cameras nearby. If you can get access to them, then you may find that they captured the events leading up to your accident as well as the crash itself.
- Dash cam footage: If you or another witness have a dash cam, then the footage from it could be compelling to the jury. So, be diligent in securing this evidence if it’s available.
- Witness testimony: While your own account of the events in question can be valuable, you don’t want the jury to have to rely on your statements alone. See if there are other witnesses who can back up your claim and provide the jury with an unbiased perspective of how the accident unfolded.
- The defendant’s own statements: When road rage is a contributing factor to an accident, the aggressor often has plenty to say. If they unleash a barrage of words against you after the wreck, then they might say something that can be construed as accepting fault or describing the intentionality of their actions and the resulting accident. This can be powerful evidence that puts you in a strong position heading into your case.
- Expert testimony: If the defendant is going to fight you in your case, then you might want to secure expert testimony to help you establish causation and liability. An accident reconstruction expert, for example, may give the jury an idea of how fast the vehicles were traveling when the brakes were hit, how hard the brakes were applied and for how long the brakes were held. This can help you tell a story about how the defendant caused your crash.
Diligently build the aggressive personal injury case you need
If you want to stand a chance at recovering compensation and finding accountability after your accident, then you have to be armed with a strong claim. We know that crafting persuasive legal arguments may seem difficult to do under the circumstances of your case, but you can find assistance in crafting your strategy so that you can rest easy knowing you’ve done everything possible to protect your interests.
