To hit the brake test on the brakes in order to scare a tailgating driver or to think-a dangerous maneuver, which often leads to collisions on tailgings. While some drivers use it to hold aggressive tailgate, this ruthless behavior significantly increases the fall risks.
In the state of Washington, the brake test is illegal and is a form of aggressive driving. Under RCW 46.61.425, drivers must maintain safe speeds and avoid sudden stops without proper cause. Violations can lead to quotes for negligent driving with fines of up to 559 US dollars and, in severe cases, even lead to ruthless charges. If you ask yourself, “Checks the brake in the state of Washington illegally? “The answer is clear: yes, and it can transfer serious punishments.
If you were involved in an accident on brake tests, understanding the liability and insurance claims is of crucial importance. With this guide, navigation for error determination, recording and securing fair compensation helps you.
Understanding of liability in the event of accidents for brake tests
In the event of a brake check accident, the determination of liability (the guilt is) is the first step to combat insurance claims and potential legal proceedings. In most cases, the driver who has initiated the brake check can be held responsible for the resulting accident. However, the situation can become more complex if the Tailgating driver has been involved in aggressive driving or pursued too precisely.
Error in rear collisions
In the case of tail collisions, the general rule in traffic law is that the following driver is assumed that it is to blame. This is because the drivers are expected to maintain a secure distance between the vehicles in order to enable sudden stops or changes to the traffic conditions. However, if the leading driver deliberately hits the brakes to scare the following driver, this can shift liability. In such cases, the driver, who carried out the brake check, was held responsible for the crash.
According to the law of the state of Washington (right (RCW 46.61.145) In view of the road conditions, drivers must not be closer than reasonable and prudent in view of the road conditions. If the Tailgating driver was already too tight, he can have a partial responsibility for the accident. However, this does not unfold that the brake review driver is responsible for the initiation of the dangerous maneuver.
Collect evidence after the accident
Collecting evidence is of crucial importance in every accident, but is particularly important when checking brake incidents in which the determination of the error can be more nuanced. There are some important steps to take here:
- Document the scene: take photos of vehicle damage and the relevant road conditions. If there are spinning notes, traffic signs or other physical evidence of brake control, they also record them.
- Witnesses: If the accident contains witnesses, ask about your contact information and statements. Your certificate can support your version of events, especially if you deliberately hit the brakes on the brake review drivers.
- Police report: Submit a police report, even if the accident seems low. The police will document the incident; Your report can be valuable when determining the error. You can also issue quotes for traffic violations, such as ruthless driving or negligent driving.
- Dashcam film material: If you or the other driver has a dashcam, this film material can be invaluable to show the events before the accident. Dashcam videos can serve as objective evidence that support your right to brake test.
Insurance claims for brake review accidents
As soon as liability is set, the next step is to submit insurance claims. In the state of Washington, as in most states, the debt drivers are usually responsible for covering the damage. If the brake check is to blame, your insurance should cover the damage of your vehicle and all medical expenses that you arise.
- Contact your insurer: Notify your insurer immediately after the accident. Even if the other driver is to blame, your insurer can help with his insurance company to submit the claim. You can also help to cover your medical expenses and vehicle repairs in advance if you have a collision cover.
- Liability insurance: In Washington, drivers have to take out liability insurance that covers damage to other vehicles or individuals if they are to blame. If the liability insurance of the brake driver is not sufficient or if you are not insured, your own non-insured driver coverage can help cover the damage.
- Medical payment reports: Washington is a no-fault state when it comes to personal injury protection (PIP), which means that your own insurance company covers its medical expenses up to its pip boundaries, regardless of who is to blame. However, if the brake check is liable, your insurance could ultimately reimburse your medical costs.
- Negotiation with the insurer: Insurance companies often try to minimize the payments. Be ready to negotiate and, if necessary, provide evidence that the other driver was to blame. Documentation such as testimony, police reports and photos can be of crucial importance in these negotiations.
Potential legal measures
If you cannot achieve a fair settlement In the insurance company or if the brake review driver is not adequately covered by insurance, you may need to take legal action into account. In cases in which the behavior of the brake testing behavior was extreme or intended, a lawsuit for personal injury can be justified.
According to the civil law negligence laws of the state of Washington (lawsRCW 4.22.005), You can obtain compensation for medical expenses, lost wages, pain and suffering as well as other damage as a result of the accident. Contact a lawyer for personal injury if you believe that the brake check drivers' actions were ruthless and caused damage.
Participating negligence and common responsibility
In some cases, both drivers can share responsibility for the accident. For example, if the tailgating driver has driven aggressively or violates traffic laws, he can partially blame.
The state of Washington follows a comparative negligence rule (RCW 4.22.005), which means that compensation can be shared on the basis of the fault of the percentage party percentage. If you are partly responsible, your compensation can be reduced by your error.
If, for example, the brake check driver is 80% incorrect, but the tailgating driver is determined 20% for too close debt, the compensation of the tailgating driver can be reduced accordingly.
Protect yourself in the event of brake review accidents
By checking braking rights, you can be complex, but understanding your rights and responsibilities helps you to control the liability process and insurance claims. Always collect evidence, follow the correct steps when submitting claims and consult a legal profession if necessary. This ensures that they are adequately compensated for for damage and injuries caused by this ruthless driving behavior.
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