Chicago Brake Checking Lawyer
PRACTICE AREAS
The Chicago brake-checking lawyers at Curcio & Casciato represent victims injured in brake-checking car accidents, where other drivers brake-check by braking suddenly to intimidate rear drivers, causing serious accidents. Illinois laws make brake checking illegal; as such, road rage is a form of reckless driving that leads to rear-end collisions and significant property damage. Drivers engaged in aggressive driving behaviors put other drivers at risk. If you’ve sustained serious injuries in a car crash caused by a brake checker, it is crucial to contact law enforcement immediately and file a police report to document an auto accident. At our personal injury law firm, our brake-checking car accident attorneys handle auto accident claims involving brake testing and fight to hold drivers engaged in aggressive driving behaviors accountable.
While brake checking is illegal in Illinois, the legal process of holding the at-fault driver liable can be complex. Our personal injury attorneys handle brake-checking car accident claims on a contingency fee basis, meaning serious accident victims don’t owe any legal fees unless we secure fair settlements from the insurance company of the other driver who braked suddenly.
If you’ve been injured in a brake-checking accident, seek medical attention, contact law enforcement, and then call 312-321-1111 to schedule a free consultation with a Chicago brake-checking car accident lawyer from our trusted law firm.
Is Brake Checking Illegal In Illinois?
Our personal injury attorneys are often asked “is brake checking legal, or is brake checking illegal in Illinois?” Brake checking is illegal in Illinois. While some states technically make brake checking legal, when road rage or other dangerous practices cause serious rear-end accidents, the brake checker will still be liable for the rear driver’s injuries.
When the front driver brakes-checks, they brake suddenly often to intimidate the rear driver. However, this dangerous driving behavior is also sometimes used to defraud insurance companies.
Regardless of whether Illinois law makes brake checking legal or brake checking illegal, drivers engaged in such road rage should be held liable when their dangerous practices lead to serious injuries and damages in rear-end collisions.
If you’ve suffered serious injuries because the driver in front of you braked suddenly, our Chicago brake-checking car accident lawyers can provide skilled legal assistance through the personal injury claims process. If the brake-checker or their insurer refuses to pay the legal consequences for their dangerous driving behavior, we’ll file a personal injury lawsuit and take your car accident case to court to recover compensation.
Illinois Brake-Checking Accident: Who Is At Fault?
Brake-checkers are typically at fault for car accidents, even rear-end collisions, as long as the victim’s lawyer can prove the other driver brake-checked.
Typically, rear drivers are responsible for rear-end collisions caused by not allowing a safe following distance. However, Illinois law makes brake checking illegal since braking suddenly is an exponentially more dangerous driving behavior. If the rear driver was following a safe distance and the other driver brake-checked them, the driver who engaged in brake-checking is responsible for the rear-end accident.
In rear-end accidents, the legal process of proving the driver brake-checked is key to securing compensation from the at-fault driver, especially if they aren’t labeled at-fault on the car accident report.
Our Chicago brake-checking car accident lawyers gather witness statements, police reports, and investigate nearby surveillance camera footage. Our personal injury attorneys have extensive experience proving negligence and holding at-fault drivers liable for their reckless driving.
Common Causes of Brake Testing in Chicago
Brake checking is illegal. However, brake testing and other aggressive driving behaviors commonly occur due to:
- Road Rage: Drivers with road rage often become frustrated with other drivers, especially when they tailgate.
- Reckless Driving Behavior: Drivers who engage in brake testing often do so as part of a pattern of reckless driving, such as excessive speeding and not following a safe distance.
- Aggressive Driving Tactics: Some drivers use brake checking to teach other drivers a lesson or to intimidate them into backing off.
If you’ve been involved in a brake-checking car crash and suffered serious injuries or vehicle damage because of the other driver’s reckless driving or aggressive driving, contact a Chicago brake-checking car accident attorney for legal assistance throughout the personal injury claims process.
Aggressive Driving Behavior: Retaliation For a Tailgating Driver
When front drivers feel tailgated by rear drivers, they may brake check tailgating drivers to “teach them a lesson,” which often instead leads to rear-end collisions. However, when this aggressive driving tactic causes rear-end accidents, the driver who brake-checked can be held responsible for any severe injuries and vehicle damage sustained, since brake-checking is illegal in Illinois. Our Chicago brake-checking car accident attorneys can help you through the personal injury claim process to recover damages.
Distracted Driving
Distracted driving brake-checking accidents occur when a driver accidentally brake checks due to inattention, leading to rear-end collisions and serious vehicle damage. Sudden braking while distracted can catch other drivers off guard, increasing the risk of crashes. A Chicago distracted driving lawyer can help victims prove fault by gathering evidence such as witness statements, police reports, and nearby surveillance cameras. If you’ve been injured in a brake-checking accident caused by a distracted driver, you may be entitled to compensation through a personal injury lawsuit.
Brake Testing For Insurance Fraud
While brake checking is illegal, a driver may try to defraud their insurance company by brake checking another driver, thinking they will not be labeled the at-fault driver in the car accident. This illegal driving practice carries severe legal consequences. Our Chicago brake-checking accident lawyers have extensive experience handling cases where the other driver engages in such dangerous driving behavior.
Our Chicago car wreck lawyer team helps injured clients pursue car accident claims after being injured in brake-checking accidents caused by other drivers attempting to defraud their insurers. Whether the accident was caused by aggressive driving, reckless driving behavior, or insurance fraud, we can help.
Drunk Driving
Our Chicago DUI injury lawyer team represents victims of drunk driving brake-checking accidents, where intoxicated drivers recklessly hit the brakes and put other drivers at risk. Brake checking is illegal and becomes even more dangerous when impaired judgment and slowed reaction times are involved. A Chicago brake-checking accident lawyer can help victims pursue compensation for medical bills, vehicle repairs, and other losses caused by a drunk driver’s reckless driving.
Common Injuries in Chicago Rear-End Accidents
Brake checking often results in rear-end accidents, which can cause a variety of injuries. Common injuries that occur in rear-end collisions include:
Whiplash and Spinal Injuries
Whiplash is one of the most common injuries caused by rear-end accidents. It occurs when the neck is forcibly jerked forward and backward, damaging the soft tissues and muscles in the neck and spine. If you’ve suffered from whiplash or other spinal injuries, a serious whiplash lawyer in Chicago can help you file a personal injury lawsuit and secure compensation for your medical bills, lost wages, and pain and suffering.
Head Trauma
Our Chicago TBI lawyers understand how head trauma, such as concussions and traumatic brain injuries (TBI), can occur in rear-end accidents caused by brake-checking in Chicago. The sudden impact of rear-end collisions causes victims involved in a brake-checking car accident to hit the steering wheel, dashboard, or windows, leading to serious injuries. If you’ve suffered from head or brain injuries in a crash, contact a Chicago brake-checking accident attorney for a free consultation. We will fight for the compensation you deserve.
Internal Injuries
Internal injuries, such as damage to the organs, are also common in brake-checking rear-end accidents. The force of the collision can cause severe internal bleeding or organ damage, requiring victims to seek medical attention and pay for long-term medical care. If you’ve sustained internal injuries, our Chicago internal organ damage attorneys can help you seek compensation for your medical expenses, lost wages, and vehicle damage. Contact a brake-checking accident lawyer from our legal team to learn more.
Fatal Car Accident Caused Brake Check in Chicago
In some tragic cases, brake checking can lead to fatal car accidents. A driver may engage in brake checking and cause a rear-end collision that results in the untimely death of another person. If you’ve lost a loved one in a fatal accident, it’s important to consult with a fatal brake-checking car accident attorney in Chicago who can help you pursue a wrongful death claim. A fatal car accident attorney in Chicago, IL, can provide skilled legal representation for families of brake-checking accident victims, seeking compensation to relieve the financial burden.
How Our Chicago Rear End Accident Lawyers Prove The Front Driver Brake Checked The Rear Driver
When a brake-checking collision occurs, our team employs a meticulous, evidence-driven strategy to prove that the front driver deliberately caused the accident. Here’s how our Chicago brake-checking attorneys build a strong personal injury case:
- Collecting Evidence: Securing detailed witness statements, police reports, and surveillance footage that accurately capture the events during the motor vehicle accident.
- Analyzing Driving Behavior: Evaluating clear indicators of road rage and aggressive driving that led to the sudden braking maneuver.
- Assessing Damage: Thoroughly documenting both vehicle damage and property damage resulting from the collision.
- Coordinating with Insurers: Collaborating with the insurance company to ensure that accident claims fully reflect the extent of the damages.
- Demonstrating Negligence: Establishing that the driver deliberately brake checked without admitting fault, thereby proving negligence beyond doubt.
If you have been involved in a brake-checking accident, contact our office at 312-321-1111 for a free consultation and learn more about your rights.
Chicago Brake Checking Attorney
Our Chicago auto accident firm is committed to helping victims of brake-checking accidents, understanding that brake-checking is illegal and can lead to dangerous outcomes such as rear-end collisions and severe injuries. We work to ensure that every victim’s experience—from property damage to the physical and emotional toll—is thoroughly documented and factored into your accident claims. Curcio & Casciato take pride in addressing aggressive driving behavior and ensuring that any illegal driving practices are fully exposed.
With a strong focus on safeguarding your rights, our attorneys meticulously gather evidence to show that the driver who engaged in brake checking not only endangered lives but also failed to admit fault. By analyzing details such as road rage incidents and aggressive driving tactics, we build a compelling case to hold the responsible party accountable and to challenge any misleading reports from the insurance company. Our efforts are aimed at obtaining full compensation for your injuries, property damage, and other losses incurred during the motor vehicle accident.
If you’ve been rear-ended in a crash or suffered severe injuries due to another driver’s dangerous behavior, contact our dedicated Chicago auto accident law firm today. We offer a free consultation and stand ready to fight for your right to compensation. Call Curcio & Casciato at 312-321-1111 now to schedule your consultation and take the first step toward recovering what you deserve.
