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  • Writer's pictureRobert Schuerger II

Is Brake Checking Illegal in Ohio? (Yes, and Here's Why!)

According to the National Safety Council, rear-end collisions accounted for almost 18% of all motor-vehicle-related deaths and more than 37% of injuries in the United States. Rear-end collisions are more common than one can imagine, resulting in catastrophic injuries and, in worse cases, death.

In the United States, including Ohio, rear-end car accidents are often the fault of the rear driver, as the law requires every road user to exercise appropriate caution.

Rear drivers must maintain a safe distance and follow all traffic laws while driving. However, there may be a situation where a rear-end accident occurs due to the front driver's brake checking, which can lead to legal complications.

Schuerger Shunnarah Trial Attorneys has automobile accident attorneys in Toledo that have handled many complex personal injury cases and have extensive trial experience. They can help injured victims in Ohio by assessing their cases and guiding them on their legal options.

Is Brake Checking Illegal in Ohio?

Is Brake Checking Illegal in Ohio?

Checking one's brakes on the roadways or highways is illegal in Ohio. Whether they're angry about something or want to test out their vehicle's brakes, drivers cannot brake check suddenly, as it could lead to rear-end accidents.

The problem with a rear-end accident caused by the other driver who is brake-checking is that it is challenging for the rear driver to prove that they are not responsible.

In most rear-end accidents, the drivers who rear-end other vehicles are responsible because the law requires every road user to maintain a safe distance, drive safely, and stay attentive.

Is The Front Driver Liable for a Rear-end Collision Due to Brake Checking?

Brake checking is not legal in the United States, including Ohio. Any driver who brake checks may be partially or fully liable for any injuries or damages caused in a rear-end collision.

However, in most cases, the at-fault driver will deny any wrongdoings, which can make the legal process complicated for the injured victim.

In some rear-end collisions, it could be possible that the front driver doesn't have brake lights, which is different to brake checking. Even if they were brake-checking, the insurance company could argue that they were driving slowly and responsibly, passing on the blame to the injured party. This can make it more challenging for the injured victim to recover the damages incurred.

Can the Injured Victims Hold the Driver in Front Responsible for Brake Checking in Ohio?

A key thing to remember is that tailgating is a greater offense than brake checking. If the rear driver maintains a safe distance, they may be able to avoid a rear-end collision despite brake checking by the other driver.

However, that shouldn't stop the injured victims from pursuing action against the brake-checking drivers to recover the damages incurred.

Ohio is a modified comparative negligence state, which means that injured victims can recover compensation even if they're partially responsible for the rear-end accident. However, their degree of fault will affect the amount they receive.

It's important to note that if the injured victim is 51% or more liable for the rear-end accident, the modified comparative negligence rule will prevent them from making any recoveries.

The affected parties in Ohio should contact an experienced car accident attorney to discuss their case and learn more about their rights. These attorneys can also assist with questions such as Is it illegal to drive with interior lights on in Ohio?

How Can Schuerger Shunnarah Trial Attorneys Help Injured Victims Following Their Brake Checking Accident?

Schuerger Shunnarah Trial Attorneys have a deep understanding of the personal injury law and can help injured victims in many ways, including the following:

Investigate the Rear-end Collision

It is important to determine the fault and the degree of responsibility for the rear-end accident. Schuerger Shunnarah Trial Attorneys have the resources to investigate the incident and gather the necessary evidence to reduce the injured party's fault and prove the other driver's negligence.

Build a Strong Case

Gathering evidence is one part of a personal injury case. An experienced Schuerger Shunnarah car accident lawyer can use witness statements, relevant laws, previous case verdicts, and other information to build a strong case. They know the legal process and can adhere to them, ensuring that there are no delays or risk of rejection.

Handle the Insurance Company

After a car crash, dealing with the insurance company can be tiresome for the injured victim. Claims adjusters often take advantage of the claimant's vulnerabilities and coerce them into accepting a low settlement.

In the case of a rear-end accident caused by the other driver's brake checking, the insurer will most likely reject the claim and pass the blame onto the injured victim.

Schuerger Shunnarah Trial Attorneys have lawyers who have previously represented large insurers. They understand how to deal with them and know the insider secrets, giving them the upper hand when it comes to dealing with claims adjusters.

By conveying the victim's story in a compelling way and providing sufficient evidence to back the claim up, Schuerger Shunnarah Trial Attorneys can help improve the victim's chances of monetary recovery. They also have experts to answer questions like Is texting and driving illegal in Ohio?

Negotiate a Fair Settlement

Although the rear-end driver may be partially at fault for the rear-end accident, there is no excuse for reckless driving. Schuerger Shunnarah Trial Attorneys are ready to protect the rights of injured victims in Ohio and ensure that they receive a fair settlement.

In case the insurance company fails to offer a fair settlement, the legal team at Schuerger Shunnarah Trial Attorneys is not afraid to take matters to court.

Going to War with a Skilled Car Accident Lawyer in Ohio

Going to War with a Skilled Car Accident Lawyer in Ohio

Rear-end car crashes can be devastating and may have more far-reaching consequences than one can imagine. Although the other driver may be partially liable for the rear-end accident, recovering compensation from the insurance companies can be a challenging and tiring process.

Those who have suffered injuries due to another's negligence should call (833) 692-5038 to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They can help injured victims by protecting their rights, investigating the reckless driving incident, and ensuring that they receive the compensation they deserve.


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