You pay nothing until we win
by Matthew C. Andrew - October 31st, 2024
Checking the brakes on the road is a dangerous practice that often leads to serious accidents. While many may wonder whether brake checking is illegal in Idaho, understanding this behavior’s laws and potential consequences is essential. If you’ve been involved in this kind of incident, the legal and experienced team at Andrew Injury Law, based in Meridian, ID, is here to assist.
This practice occurs when a driver intentionally slams on their brakes to force the vehicle behind them to stop abruptly or collide with their car. This action is often considered reckless and aggressive driving. Although it may seem like a quick response to tailgating or frustration, it can easily lead to rear-end collisions and serious injuries.
In Idaho, reckless driving laws cover brake checking. According to Section 49-933 of the Idaho Statutes, any driving behavior that endangers others on the road, including this, can be penalized.
While dangerous, this behaviour is typically a reaction to road rage, frustration, or anger caused by another driver’s attitude, such as tailgating. Many drivers use this way to express themselves and “send a message” to the following car to back off. Unfortunately, this aggressive tactic escalates tension and significantly increases the chances of a serious accident.
Avoiding hostile driving is crucial in preventing road rage incidents. Remaining calm and not engaging in risky conduct, such as sudden braking, helps ensure safety for everyone on the road.
Preventing accidents caused by this action involves both defensive and respectful driving. Here are a few fundamental tips:
In Idaho, this practice is considered reckless driving, which makes it illegal. Drivers who engage in this dangerous behavior may be held liable for damages and injuries that result from the crash. However, proving negligence in these cases can be challenging. The injured party must demonstrate that the driver who engaged in this act did so intentionally and that their actions directly caused the accident.
Collecting evidence such as dashcam footage, witness statements, and police reports can be critical in establishing the facts of the case.
Idaho’s modified comparative negligence rule means that fault may be shared between both parties involved in a car accident. Under this guideline, a driver who is less than 50% guilty may recover damages. Regardless, if the injured party is found to be 50% or more involved, they may be unable to receive compensation.
For instance, in a scenario like this, the court may determine that the driver who intentionally breaked is 80% at fault, while the tailgating driver holds 20% of the responsibility. In this case, the rear-ended driver could still recover damages, but their award would be reduced by 20%. For a deeper understanding of comparative negligence, consult the legal review here.
It’s essential to take the following steps when you’ve been involved in this kind of accident:
Accidents caused by deliberate braking can lead to complex regulatory issues, especially when determining liability. Consulting an experienced car accident attorney can help you better understand Idaho’s laws and ensure that you are fairly compensated for any injuries or damages. At Andrew Injury Law in Meridian, ID, our dedicated legal team is prepared to guide you through the process and protect your rights. For professional juridical advice and assistance, contact us at 208-517-7670 or visit our office at 3597 E Monarch Sky Lane, Suite 240, Meridian, ID. We’re here to help you every step of the way.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
Client Reviews
Matt was very helpful in explaining the law and setting realistic expectations about my mothers case. He listened to the facts and gave solid advice about what to do next. I know his time is valuable and limited so I appreciated his complementary consultation and advice. I will definitely turn to him in the future.
View More Reviews on Google Maps and Yelp
A contingency fee is a type of payment arrangement that our Idaho personal injury firm uses. It is an agreement with our clients where our attorney’s fee is contingent upon the successful outcome of the case. In other words, we only receive payment if we win the case or secure a favorable settlement for you. That payment comes from your final settlement or award, so you never need funds from your own pocket to pay us.
Under a contingency fee agreement, Andrew Injury Law also typically covers all the upfront costs associated with your case, such as court fees, document preparation, expert witnesses, and investigation expenses. These costs are then recouped from the final settlement or judgment if the case is successful.
We use contingency fees to provide access to justice for those without the financial means to afford legal representation. It allows everyone to pursue a personal injury claim with the right legal help – and without worrying about the added cost.
Read more about contingency fees here.
Personal injury damages refer to the compensation you might be entitled to if you suffered harm due to the wrongful conduct of someone else. The law provides relief for such injuries in the form of monetary damages.
Damages can fall into different categories:
Economic damages – These compensate for financial losses you can prove with bills or receipts. They often include medical bills, lost income from missing work, out-of-pocket injury-related costs, future expenses and lost earnings, and more.
Noneconomic damages – Some losses are not tied to bills or expenses, but you still deserve compensation for them. Some intangible and noneconomic damages include pain and suffering, mental trauma, and permanent disabilities or disfigurement.
Punitive damages – These do not apply in every case. However, if the party that caused your injuries acted so egregiously that the court decides to impose additional liability, the court may award punitive damages to you up to a certain amount. These are not tied to your specific losses, but instead the conduct of the defendant.
Read More: Is Idaho a No-Fault State?
States set deadlines for taking legal action called statutes of limitations. Once the deadline passes, you cannot file a successful claim. In Idaho, the statute of limitations is two years from the date of the injury, and there are few exceptions to this time limit.
The purpose of a statute of limitations is to ensure that legal actions are initiated within a reasonable period after the injury occurs. It provides a degree of certainty and finality to potential legal disputes and helps ensure evidence is reliable and does not weaken over time.
However, the statute of limitations also means you need to act fast following a personal injury. There is much to do before filing a lawsuit, so always seek help from Andrew Injury Law as soon as you know you have injuries and suspect someone else was at fault.
Read more about the Idaho statute of limitations here.
Naturally, you want to know how much money you might expect for your injuries and losses. Settlements and awards can vary widely – ranging from a few thousand dollars to multi-millions. Unfortunately, there is no way to advise what your claim might be worth without fully evaluating your circumstances.
Some factors we consider when determining the value of your claim include:
The insurance company will undervalue your claim – but we never will. You can trust Andrew Injury Law to fight for the total compensation you need and deserve.
Read more about how a personal injury claim in Idaho is calculated here.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
According to the National Highway Traffic Safety Administration, there are around 60,000 rear-end crashes e...
Car accidents remain a serious issue in the state of Idaho. In 2021, there were over 8,600 injury crashes i...
How often have we had a friend ask to borrow our keys? While it may seem like no big deal, it may be anothe...
Accidental injuries cause over 24 million emergency room visits per year in the U.S., and many of these injuries are the fault of other parties.
Idaho reported more than 27,500 traffic crashes in a recent year, with over 12,600 people suffering injuries and 271 fatalities. We help car crash victims seek justice.
Commercial trucks are critical to Idaho’s economy, but they also put everyone at risk of serious collisions and injuries. We stand up to trucking companies.
Motorcyclists love the wide open spaces of Idaho, but other drivers are not always careful and can hit motorcycles, causing devastating injuries and losses.
After a fatal accident, families can face overwhelming emotional and financial losses. We can help your family seek financial support and justice for your loved one’s wrongful death.
Many accidents happen because property owners or businesses do not maintain their premises. If you slipped and fell or had another premises-related accident, we can help.
Whether you work in construction, logging, or in an office, injuries can happen. We assist injured workers in seeking maximum compensation for their injuries.
Getting the workers’ comp you deserve for a job-related illness or injury can be more challenging than you expect. Seek help with your claim from our legal team.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case