You’ve probably encountered your fair share of reckless drivers if you live or regularly travel through Tennessee. As more people move to this part of the country, traffic congestion is on a steady incline, as is the number of car accidents reported each year. In fact, the National Traffic Research Group recently reported that traffic fatalities in the state of Tennessee have increased by roughly 35% over the last decade.

One unfortunate cause of motor vehicle collisions in the state of Tennessee and nationwide is a behavior known as “brake checking.” If you have been injured in an accident as the result of brake checking or tailgating, you may have legal recourse to seek compensation for damages, pain and suffering. Let’s discuss who is at fault for brake checking-related collisions and explore how drivers can determine liability for these accidents.

What is brake checking?

Sometimes, in response to being tailgated (followed too closely), drivers opt to engage in a behavior known as brake checking. Typically, this looks like the driver in front suddenly hitting their brakes to encourage the driver to follow them too closely to maintain a safer distance. Brake checking is generally considered a form of aggressive driving that can have dangerous consequences, not just for the two vehicles primarily involved but for all vehicles in the immediate vicinity.

If a driver suddenly slams on his or her brakes, the driver behind that vehicle may not be able to stop promptly, thus resulting in a collision. In some cases, this can cause a chain reaction that leads multiple vehicles to collide with one another. Subsequently, brake checking and tailgating are both considered dangerous activities that can carry significant legal and personal consequences.

How does the State of Tennessee determine fault for car accidents?

There are several legal concepts that determine how a court will handle fault for motor vehicle accidents. Each state in the U.S. has its system, but here are a few of the possible approaches:

• No-fault states: In a no-fault state, each driver’s insurance will typically cover the cost of personal injuries or property damage associated with a crash, up to a certain amiunt, regardless of who caused the collision.
• At-fault states: In an at-fault state, the driver deemed responsible for causing a collision is liable for covering all damages resulting from a crash.
• Comparative fault states: Comparative fault states follow an at-fault system but assign degrees of liability for an accident proportionally. In these states, each driver’s level of responsibility will be assessed, and his or her financial liability will be adjusted according to their level of fault.

Tennessee follows a modified comparative fault system, where the degree of responsibility each party holds in a crash determines their financial liability. A plaintiff determined to be less than 50% at fault for the accident can recover damages from the other party based on their proportion of fault. However, if both parties are found to be equally at fault (50% each), each party is responsible for covering their own crash-related expenses.

Who is at fault for brake checking accidents?

Assigning fault in brake checking accidents can be challenging, particularly within the framework of Tennessee’s comparative fault system. The Tennessee state code does not specifically refer to the act of brake checking, but intentional brake checking can be considered a legal violation and even a form of reckless driving. In Tennessee, “willful or wanton disregard for the safety of persons or property” is considered “reckless driving.”

The Tennessee state code also conveys drivers’ responsibility to maintain a safe distance when driving behind another vehicle. In theory, a driver who is following at a reasonable distance should have time to stop safely should the driver in front of them suddenly hit their brakes. Tailgating drivers who fail to maintain this safe distance could also be found responsible for their role in causing an accident if they rear-end a brake-checking driver in front of them.

As you can see, determining fault in these cases poses a number of challenges for law enforcement officers and legal professionals alike. Each incident will typically be assessed on a case-by-case basis, and having effective legal representation can help to ensure an injured driver receives an appropriate financial award for their crash-related expenses.

What to do after an accident

If you are involved in a brake check accident in Tennessee, here are the steps you should follow immediately after the collision:

1. Assess: Survey any damage and determine whether any injuries have occurred. Call 911 immediately if any party involved in the crash requires medical aid.
2. Get to safety: For minor crashes, drivers may relocate their vehicles to a safer location and out of any lanes of travel.
3. Notify: If no serious injuries have occurred, drivers should contact the non-emergency police line to report the incident to law enforcement. A law enforcement officer may be dispatched to the scene to take statements from involved parties and to assess whether any traffic violations have occurred.
4. Exchange: All parties involved in a motor vehicle accident should exchange information, including contact information, driver’s licenses and insurance credentials.
5. Report: All motor vehicle collisions must be reported to the state of Tennessee. If a law enforcement officer does not report to the scene of a crash, it is the driver’s responsibility to report the accident according to the state’s reporting guidelines. Drivers should also report the crash to their respective insurance companies so the process of assessing liability can be initiated.

After all of these steps have been followed, the insurance companies of the involved parties will begin working to determine the comparative fault of those drivers. You should have an attorney by your side throughout the process. It might be worth bringing your claim to court to argue that you are less liable or to demonstrate the true extent of your damages. In many cases, insurers are trying to resolve these claims quickly and cheaply, meaning they may try to shift blame off their insureds and downplay your injuries.

Need more help?

If you have been involved in a brake check accident in Tennessee, the Knoxville-based team of Banks and Jones may be able to provide support you need. Our team of legal professionals has the experience to help clients understand and pursue the options available to them within Tennessee’s legal system. Give us the opportunity to learn more about your case and goals. Reach out today for a free consultation and find out why Banks and Jones is a trusted legal partner for Tennessee residents from all walks of life.