Brake check accidents on I-93 can leave you injured and scrambling to determine your rights. Understanding your legal options is crucial if another driver’s reckless behavior hurts you. Knowing how the law applies to your situation can significantly affect your recovery.
What constitutes a brake check accident?
A brake check occurs when a driver suddenly steps on their brakes without a valid reason. It may be to intimidate or retaliate against the vehicle behind them which violates the driver’s duty of care. A driver’s obligation is to drive safely and responsibly.
Key points about brake check accidents:
- They often result from road rage or aggressive driving
- The lead driver is typically at fault
- These incidents can cause severe rear-end collisions
- Injuries may include whiplash, spinal damage, or worse
New Hampshire requires drivers to maintain a safe following distance, but it also implies that lead vehicles should not brake unnecessarily.
What damages can you recover after a brake check accident?
You may be entitled to compensation if a brake check accident on I-93 injures you. New Hampshire law allows victims to seek various damages to cover their losses. RSA 507:7-d outlines the state’s comparative fault rule, which can affect your compensation if you are found partially at fault.
Potentially recoverable damages include:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Pain and suffering
- Property damage
Remember that the damages you can claim will depend on your situation. If you have a dash cam, the footage can be invaluable in your personal injury case, as it can present vital evidence.
How can you prove negligence in your brake check case?
Proving negligence in a brake check accident can be challenging. You must show that the other driver acted recklessly and that their actions directly caused your injuries. You will need to gather evidence such as witness statements, traffic camera footage, and expert testimony.
An attorney can help you build a strong case by effectively collecting and presenting this evidence. They can also manage talks with insurance companies and represent your interests in court if you decide to pursue a case. You can focus on your recovery with legal support while ensuring the New Hampshire law protects your rights.
