Legal Risks of Brake Checking and Common Mistakes When Hiring an Accident Attorney

In-Depth Analysis

### Brake Checking: Legal Consequences and How to Prove It Brake checking involves abruptly hitting the brakes to intimidate or retaliate against another driver. This behavior is illegal in New York, falling under the umbrella of reckless driving. According to Brooklyn car accident lawyer Samantha Kucher, while brake checking isn't specifically defined in the New York Vehicle and Traffic Law (VTL), it violates VTL § 1212, which broadly prohibits any conduct that interferes with public road use or endangers others.

To prove brake checking in a crash investigation, evidence is crucial. Dashcam recordings are particularly effective, capturing the moments leading up to a collision. Witness statements and police reports also play a vital role in supporting claims. Victims generally have three years from the incident date to file a personal injury lawsuit.

### Common Mistakes to Avoid When Hiring an Accident Attorney Hiring an accident attorney can be overwhelming, especially after a serious accident. Arash Law highlights several mistakes to avoid when hiring an accident attorney:

1. **Waiting Too Long:** California gives you two years to file a personal injury claim. Consulting an attorney early allows for evidence gathering and managing communication with insurance companies. 2. **Failing to Research Qualifications:** Ensure the attorney has experience with similar cases, understands insurance practices, and is in good standing with the State Bar. 3. **Choosing an Attorney Without Relevant Experience:** Personal injury claims require assessing the long-term impact of injuries on health, work, and finances. Experienced attorneys know how to review medical reports and calculate damages. 4. **Choosing a Lawyer Who Doesn’t Explore All Legal Options:** An attorney should consider all avenues for compensation, including negotiations, identifying liable parties, and potential litigation. 5. **Not Asking About How Legal Fees Work:** Understand the contingency fee basis, additional costs, and whether you'll receive a written explanation of all costs and fees. 6. **Focusing Only On Price:** Low fees may indicate a lack of resources or experience. Focus on experience, personal attention, and communication. 7. **Skipping The Initial Consultation:** Use this opportunity to ask questions, understand the attorney's approach, and ensure you feel comfortable working with them. 8. **Overlooking The Attorney’s Communication Style:** Choose an attorney who responds promptly, explains legal terms clearly, and keeps you informed.

### How to Prepare * **If you're involved in a brake checking incident:** Prioritize safety, call emergency services, gather evidence (photos, videos, witness info), and seek medical evaluation. * **When hiring an attorney:** Research their qualifications, understand fee structures, and evaluate their communication style.

### Who This Affects Most * Drivers in urban areas with heavy traffic. * Individuals involved in car accidents due to aggressive driving. * Anyone needing legal representation for personal injury claims.

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FAQ

Takeaways

• Brake checking is a dangerous and illegal behavior with serious legal consequences.
• Proving brake checking requires solid evidence, such as dashcam footage and witness statements.
• Hiring the right accident attorney involves careful research and understanding of fee structures.
• Clear communication with your attorney is essential throughout your case.
• Acting quickly and gathering evidence can significantly strengthen your claim.

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