Rear-end collisions are the most common type of accident on Louisiana roads. Most people assume the following driver is always at fault. But when brake checking is involved, liability becomes more complex.
If you were injured in a rear-end accident caused by brake checking, you need the help of an experienced Baton Rouge accident lawyer to protect your rights and help you recover the compensation you deserve.
What Is Brake Checking?
Brake checking occurs when a driver suddenly slams on their brakes without a legitimate reason, typically to retaliate against a driver they believe is following too closely. This is a form of aggressive driving and road rage that can cause devastating crashes.
Presumption of Fault in Rear-End Crashes
Under Louisiana law, there is a legal presumption that the following driver is at fault in a rear-end collision, as drivers have a duty to maintain a safe following distance. However, this presumption can be rebutted by evidence showing that the lead driver acted negligently or drove recklessly. When brake-checking causes a crash, the driver’s intentional misconduct can shift liability, and lead drivers to be held liable when their actions cause a collision.
Proving Liability For Brake Check Accidents
Successfully shifting liability requires strong evidence that the front driver brake-checked you. That evidence may include dashcam footage showing sudden, unnecessary braking, traffic camera recordings, and witness testimony from passengers or other drivers.
Police reports may also document circumstances and any admissions, and a driver’s history of aggressive driving can be used to support your claim. Accident reconstruction analysis can also help demonstrate that the lead driver’s braking pattern was inconsistent with traffic conditions. When you work with a car accident lawyer, these investigative resources are leveraged to build your strongest case.
Comparative Fault in Brake Check Accidents
Effective January 1, 2026, Louisiana uses a modified comparative fault mode with a 51% bar, as outlined in Louisiana Civil Code Article 2323. This means that if you are found to be 51% or more at fault for the accident, you will not be able to recover compensation.
However, if you are 50% or less at fault, you can recover compensation, but it will be reduced by the percentage of fault assigned to you. This means that if you are found to be 30% at fault and your damages are $100,000, you could still recover $70,000 after deducting your percentage of fault.
Understanding how comparative fault applies to your brake-checking accident is critical, and a car accident attorney can help explain how this law may impact your claim.
Contact a Baton Rouge Car Accident Lawyer at Chris Corzo Injury Attorneys Today
If you were injured in a brake-checking accident caused by someone else, Chris Corzo Injury Attorneys wants to help you. With the right legal strategy and substantial evidence, our Baton Rouge accident attorneys can help prove that the lead driver is at fault and should be held responsible for your damages.
We have decades of experience securing maximum compensation for our car accident injury clients, and we are committed to helping you secure maximum compensation for your damages. Call our car accident lawyers in Baton Rouge at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation and discuss your brake-check accident claim.