# Car Accident Caused By Brake Checking in Houston | Attorney Brian White **Table of Contents***[*Expand*]* 1. Is Brake Checking Legal in Houston, TX? 2. What Happens if Brake Checking Causes a Car Accident in Houston, TX? 3. What Damages Could I Receive for a Brake Checking Accident in Houston, TX? 4. Do Brake Checking Accidents Cause Serious Injuries? 5. What Is the Statute of Limitations for Brake Checking Accidents in Houston, TX? 6. What Should I Do After a Brake Checking Accident? 7. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![Car Accidents Caused By Brake Checking in Houston](https://attorneybrianwhite.com/wp-content/uploads/2023/10/Car-Accidents-Caused-By-Brake-Checking-in-Houston-300x200.jpg) Brake checking while traffic is congested can affect even the best of drivers. Even when there is no traffic, a driver might tailgate you because they think you are driving too slow.  When this happens, it might be tempting to brake check the driver behind you. However, brake checking can cause serious [car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/). The driver who caused the brake checking accident could share some [liability](https://attorneybrianwhite.com/faqs/whats-liability/) for damages. ## Is Brake Checking Legal in Houston, TX? Brake checking occurs when a driver maneuvers aggressively against the driver following them. A driver suddenly slams on their brakes for no reason. They intend to scare or shock the driver behind them in hopes that they stop tailgating.  Another reason for brake checking is fraud. A driver intentionally slams on the brakes, trying to force the driver behind them to rear-end their vehicle. Then, the driver files a car accident claim against the other driver’s insurance coverage, seeking compensation for damages.  A Texas driver could face [reckless driving](https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=TN&level=SE&value=545.401&date=5/1/2015) charges for brake checking if they are driving a vehicle with wanton or willful disregard for the safety of others.  The judge may impose a fine of up to $200 and/or sentence of up to 30 days in jail for a reckless driving conviction.  However, a traffic violation is not the only consequence of brake checking. If you cause a car accident because of brake checking, the accident victim could also file a personal injury lawsuit. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## What Happens if Brake Checking Causes a Car Accident in Houston, TX? Texas is an at-fault state for car accident claims. The driver who causes the accident is liable for the damages caused by the crash.  Most rear-end accidents are blamed on the driver in the rear. However, a brake checking driver could be held liable for a portion of the damages if their actions contributed to the crash.  If you prove the driver in the front intentionally caused the accident, they might not receive any money for their damages. Additionally, if you can prove that the driver in front of you brake checked and that action caused the crash, you might recover compensation for your injuries.  Texas [comparative fault](https://attorneybrianwhite.com/faqs/what-is-contributory-fault/) laws allow the courts to reduce the amount a victim receives by their percentage of fault if a jury finds the victim [partially to blame](https://attorneybrianwhite.com/faqs/how-a-personal-injury-lawyer-can-help-if-youre-being-blamed-for-an-accident/) for causing the accident. However, an insurance company might use the argument during negotiations to reduce their settlement offer.  ## What Damages Could I Receive for a Brake Checking Accident in Houston, TX? If a driver causes an accident because of brake checking, you could receive compensation for your damages. In most cases, victims can seek compensation for their [economic damages](https://attorneybrianwhite.com/faqs/what-are-economic-damages/) and [non-economic damages](https://attorneybrianwhite.com/faqs/what-are-non-economic-damages-in-texas/). Damages you may receive include: - Reimbursement for past and future medical bills - The cost of rehabilitative therapies, including occupational and physical therapy - The loss of income, including past and future lost wages and [diminished earning capacity](https://attorneybrianwhite.com/blog/loss-of-earnings-and-diminished-earning-capacity/) - [Out-of-pocket expenses](https://attorneybrianwhite.com/blog/out-of-pocket-expenses/), including the cost of personal care, help with household chores, and travel expenses - Physical, emotional, and mental pain and suffering - The loss of enjoyment of life and diminished [quality of life](https://attorneybrianwhite.com/blog/quality-of-life/) - Disfigurement, scarring, disability, and impairments - [Property damage](https://attorneybrianwhite.com/blog/property-damage/) Numerous factors impact how much you receive for a car accident claim. Your fault for causing the crash, the severity of your injuries, and other factors can increase or decrease the value of damages. An experienced Houston personal injury lawyer works to maximize recovery by defending you against fault and documenting damages to ensure all amounts are included in the settlement demand. [Click to contact](/contact-us/) us today ## Do Brake Checking Accidents Cause Serious Injuries? A brake checking accident often results in rear-end collisions. Rear-end crashes can cause a wide range of injuries. Injuries that are common in brake checking crashes include: - Neck injuries, including [whiplash](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/whiplash-injury/) - [Back injuries](https://attorneybrianwhite.com/blog/back-injury/), including [herniated discs](https://attorneybrianwhite.com/blog/herniated-discs/) and broken vertebrae  - Spinal [cord injuries](https://attorneybrianwhite.com/houston-tx/spinal-cord-injury-lawyer/) - Internal organ injury - Fractures and [broken bones](https://attorneybrianwhite.com/blog/broken-bones/) - Seat belt syndrome - [Soft tissue injuries](https://attorneybrianwhite.com/blog/soft-tissue-injury/) - [Nerve damage](https://attorneybrianwhite.com/blog/nerve-damage/) Brake checking can cause multi-vehicle or chain reaction accidents that could be catastrophic. The location and [speed](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/speeding/) of the vehicles can also impact the severity of the crash.  Complete a [Case Evaluation Form](/contact-us/) Now ## What Is the Statute of Limitations for Brake Checking Accidents in Houston, TX? Most car accident claims must be filed within [two years](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003) of the accident date. A judge can dismiss your lawsuit if you miss the deadline, even if you have [evidence](https://attorneybrianwhite.com/blog/understanding-evidence-in-a-personal-injury-case/) proving the other driver was at fault.  It should also be noted that exceptions to the [statute of limitations](https://attorneybrianwhite.com/blog/understanding-the-statute-of-limitations-and-your-personal-injury-case/) and the facts of your case could extend or shorten the time to file a lawsuit. Therefore, it is wise to talk with a Houston car accident attorney as soon as possible after the accident. ## What Should I Do After a Brake Checking Accident? You may be angry that a driver carelessly caused an accident that could have been avoided. However, it is not a good idea to confront a driver. Instead, call 911 to report the crash and request police and emergency medical services. While you wait for police officers to arrive, try to take pictures and make a video of the accident scene. If witnesses or people stop at the accident scene, ask them for their names and contact information. Eyewitness testimony can be very helpful in proving fault for brake checking accidents.  Describe what occurred to law enforcement at the accident scene. You might still be given a ticket for following too closely. The officer may note that you caused the accident, but telling the police officer about the brake checking is essential so that it appears in the police report. Seek immediate medical treatment for your injuries and follow up with your doctor. Prompt medical treatment improves your case. Speak with an experienced Houston car accident lawyer before assuming that you cannot recover compensation for a brake checking accident.  ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / Linkedin / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![The 5 Most Common Types of Car Crashes](https://attorneybrianwhite.com/wp-content/uploads/2020/07/Houston-Traffic-Accident-Attorney-Brian-White-Personal-Injury-Lawyers-1-300x200.jpeg)](https://attorneybrianwhite.com/blog/top-25-causes-of-car-accidents-and-what-you-can-do-to-prevent-them/) [Top 25 Causes of Car Accidents and What You Can Do to Prevent Them](https://attorneybrianwhite.com/blog/top-25-causes-of-car-accidents-and-what-you-can-do-to-prevent-them/) Thousands of motor vehicle accidents occur in Texas each year. You might not be able to avoid all car accidents. [![The Woodlands Car Accident Statistics](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/the-woodlands-car-accident-statistics/) [The Woodlands Car Accident Statistics](https://attorneybrianwhite.com/blog/the-woodlands-car-accident-statistics/) Located approximately 30 miles north of Houston, The Woodlands, TX, is a bustling and growing community part [![What to Know About Car Accident Reports in Houston](https://attorneybrianwhite.com/wp-content/uploads/2022/01/What-to-Know-About-Car-Accident-Reports-in-Houston-300x200.jpeg)](https://attorneybrianwhite.com/blog/what-to-know-about-car-accident-reports-in-houston/) [What to Know About Car Accident Reports in Houston](https://attorneybrianwhite.com/blog/what-to-know-about-car-accident-reports-in-houston/) If you've been involved in a car accident in Houston, a car accident report can help you if you ever need to file an [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/05/How-to-Obtain-a-Car-Accident-Report-in-Houston-300x200.jpeg)](https://attorneybrianwhite.com/blog/how-to-obtain-a-car-accident-report-in-houston/) [How to Obtain a Car Accident Report in Houston](https://attorneybrianwhite.com/blog/how-to-obtain-a-car-accident-report-in-houston/) Car accident reports are an essential piece of evidence used in car accident cases. The easiest way to report a car --- Source: https://attorneybrianwhite.com/blog/car-accidents-caused-by-brake-checking-in-houston/