Before we get into discussions about the legality of brake checking, let’s define it: Brake checking is the act of hitting your brakes suddenly (when someone is driving too close to your bumper, also called tailgating).

Brake checking can involve slamming on your brakes at high speed, or it can be constantly tapping your brakes so the person behind you has to continually slow down or stop. Brake checking, per se, isn’t specifically illegal in Michigan; however, it is considered reckless driving, which is illegal.

Reckless driving is any kind of driving that involves wanton or willful disregard for the safety of other motorists sharing the road with you. Reckless driving can result in traffic citations and fines — even jail time — depending on the situation.

Other forms of reckless driving include speeding, driving too fast for conditions, ignoring traffic signals, driving under the influence, and drag racing. If reckless driving causes an accident, even stiffer penalties may apply, based on the unique aspects of the case.

Therefore, brake checking is actually illegal in Michigan and should be avoided at all costs. As well as fines and jail time, engaging in reckless driving can be considered a surcharge offense (similar to adding points to your driving record) that can result in a suspended license. The practical effect means you will be unable to drive for a certain period of time, making it hard to get to work, school, and other activities.

Why is Brake Checking Considered Reckless Driving?

Because it can force the person behind you to crash into your vehicle or veer into traffic to avoid hitting you. Other motorists or pedestrians could be injured or killed, and there could be widespread damage done to multiple vehicles or personal property.

Checking motorists with brakes has also been known to spark incidents of road rage. This also puts everyone in the vicinity in harm’s way.

Why Do People Brake Check?

So, what’s the motivation behind brake checking anyway? There are basically two reasons why drivers brake check other motorists. One is usually out of anger or frustration, and the second involves insurance fraud.

To be clear, there are times when any driver might need to apply their brakes suddenly, regardless of who is behind them. (For example: if a pet or child runs into the road, for instance. This is not considered brake checking.)

The reasons why people brake check provides clues as to how to avoid the phenomenon. If someone is driving too close to the rear end of your vehicle, the answer isn’t to keep pumping the brakes. Instead, use your directional signal, pull over at a safe place, and let the other party pass you.

If I Caused an Accident from Brake Checking Someone, Am I Liable?

If you’ve been hit from behind or caused another accident by brake checking someone, you may be wondering if you can be found at fault. The answer is yes, you can be liable, depending on the circumstances surrounding the accident. Not all rear-end crashes, for example, are the fault of the driver in the rear.

Despite Michigan being a no-fault state, accidents involving death or serious injuries often leads to one party being found liable. Examples of injuries that result in lawsuits include, but are not limited to:

• Broken bones
• Permanent scarring
• Disfigurement
• Disability

Normally, after an accident, each party’s own insurance covers their vehicle damage and any medical expenses. But accidents involving wrongful death or serious injury are another story.

This is why it’s essential to speak with an experienced car accident lawyer after a crash where brake checking may have occurred. This is a good time to review what to do if you’re in an accident, regardless of whether brake checking was the cause or not. Follow these steps to stay safe, protect your rights, and keep calm at the scene of a motor vehicle crash.

1. Do not leave the scene. Fleeing the scene of an accident is a crime. Always stay to speak to first responders and exchange details with other people involved, as outlined below.
2. See if anyone needs medical assistance. You or other parties may be injured. Scratches, bruising, swelling, and bleeding can be indicative of more serious injuries, as can loss of consciousness, confusion, difficulty breathing, signs of shock, and other serious symptoms.
3. Call for help. Dial 911 and report the crash, giving your name, phone number, location, and brief pertinent details. Let the 911 operator know if you need an ambulance for anyone who is injured.
4. Move out of busy traffic, if possible. Sometimes, you may not be able to move, or your vehicle isn’t drivable. But if you can, pull out of traffic to prevent further accidents, and park in a lot or side street.
5. Exchange information with other parties. You should all get each other’s names, contact information, and insurance data. Write down the make, model, and license plate number of any other vehicles in the crash.
6. Answer questions for law enforcement but do not admit liability. You may be asked what happened, so try to respond without saying too much. Never say you were at fault even if you believe you were, as there may be other factors you don’t know about.
7. Produce insurance documents, as requested. You may be asked for proof of auto insurance by law enforcement.
8. Document the scene of the accident. Take photos or video with a mobile device to show vehicles after the crash, weather, road conditions, and the like. It is your right to do this, even if police officers do so, too.
9. Seek medical treatment if needed. You may need to go to the emergency room or see your healthcare provider the next day. Be aware that you can have delayed pain or other symptoms days or even weeks after a car accident.
10. Follow up with your insurance company. You may need to file a claim. Do not admit liability with your insurance agent.

Call Turner & Turner at (248) 355-1727 if you need assistance. You may need help getting insurance compensation or seeking damages if another party was at fault.

IF YOU’VE BEEN involved in an accident you should absolutely consider hiring a personal injury attorney; naturally, many victims can feel intimidated or nervous about visiting a lawyer’s office for the first time.

However, there is no need to worry. Your attorney is your strongest advocate and best chance at recovering compensation due to your injuries.

Expect the Meeting to be Fairly Short

Your case is important and it’s important to your lawyer, too. Most initial consultations last about one hour. While that may not seem like enough time, an experienced lawyer knows what questions to ask to make that hour efficient and productive.

Expect Questions – Lots of Questions

In your consultation meeting, your attorney will ask you a number of questions; basic “who-, what-, when-type” questions. Specifically, in a personal injury case, a lawyer will also want to know the details of the accident. Other pertinent information needed includes some specifics about your insurance policy, injuries, and financial losses. Not to be forgotten is one of the biggest impacts of an accident: how the injury affected you emotionally. Takeaway: expect questions about your physical, mental, and financial health.

While it may seem unsettling giving personal information to a person you’ve just met, set aside any worry. First, Michigan ethic rules require all attorneys – even those you may not ultimately engage — to maintain the “attorney-client” privilege. The attorney-client privilege, with very specific exceptions, prevents members of the Michigan State Bar from discussing your case or its details with anybody. Takeaway: don’t hold back because the specifics matter; a licensed attorney will keep everything confidential.

Most importantly, your potential attorney will be unable to properly evaluate your case unless you provide a true and complete story. Holding back information, or changing a fact that seems minor, might cause your attorney to provide bad information. A good attorney will give you an honest evaluation, but no attorney can do this without all the facts.

Expect to Be Asked for Documents and Other Proof

Not only will you be asked many questions, but your attorney will likely request any proof you have or can get access to (see list of examples below). Before calling for an attorney consultation, or visiting the office, make sure you have these items at the ready.

Examples Some things that lawyers often ask for include:

• Communications from insurance companies
• A list of witnesses
• Messages from witnesses
• Pictures of the accident scene
• Pictures showing injuries to you or others
• Pictures showing property damage
• Medical records
• Medical bills
• Police reports
• Records of missed work
• Records of lost wages
• Records of normal wages (e.g. paystubs, W2, receipts)

While not a complete list, it gives you a rough idea of items you’ll need to gather in order to support your claim.

“Loose Lips Sink Ships” (Expect to Be Asked Who You’ve Spoken To)

While the statements you make to your attorney are confidential, things you may have said to others are not. You might have said something about the accident that might hurt your recovery without even knowing it. Your attorney may or may not be able to undo potential damage, but your attorney needs to know what was said and to whom in order to evaluate whether comments made could adversely affect your claim.

Expect an Evaluation and Explanation

Toward the end of your first meeting with a personal injury attorney, the lawyer should be able to tell you the pros and cons of your case. (Note: lawyers cannot, nor should, promise certain outcomes; they can only tell you what they expect, based on past experiences.) The lawyer may offer to take your case on the spot. However, you are under no obligation to agree; you have the right to both visit other attorneys. Takeaway: take time to evaluate the consultation before making a final decision.

Similarly, while some attorneys agree to take cases during a consultation, others may want to take a little time to decide. Note: If the lawyer chooses not to take your case, it is not your fault; there might be many reasons such as conflicts of interest or an inability to devote the time necessary to be the best advocate you deserve. Takeaway: Feel free to visit another office and get another opinion.

Expect to Talk About Money

You can expect the attorney to talk about money, including fees. The attorney should explain – in clear language – how the billing process works. The attorney should explain their hourly rate, charges for items such as investigations, ordering records, or even making copies. Note: Most personal injury attorneys work on a contingent fee basis, which means they receive a portion of any amount you recover after the lawsuit. (However, even in this arrangement, some attorneys still charge clients for certain costs.) Be prepared to ask the attorney specific questions about billing practices.

Be Prepared to Sign Documents

If you decide to engage your attorney after consultation, be prepared to sign documents. Signing a retainer or representation agreement will make the attorney your “official” legal representative in your case. Your lawyer may also ask you to sign releases allowing them to access insurance information, medical records, and other items.

Hopefully, this article has given you some insight answered about what to expect at your consultation visit to a personal injury attorney.

If you have more questions or need to speak to an experienced personal injury attorney, contact the Law Offices of Turner & Turner. Founding member Buzz Turner has more than 30 years of experience as an advocate for clients injured in vehicle-associated accidents, medical malpractice, and other personal injury claims.

Call Turner Law today for your free consultation at (248) 248-355-1727, email Turner Law or visit the Firm’s website.

Our office recommends if you are a victim of an auto accident, or other personal injuries as a result of someone’s negligence, call as soon as you’re able; your rights can be affected. There are many things your attorney will undertake to ensure your right to compensation and recovery remains safeguarded.

Insurance companies immediately work to reduce what they owe. We know from experience that insurers immediately preserve evidence, take statements, and research victims and witnesses.

Often, insurance representatives, referred to as adjusters, will fight the insurance company’s liability by saying the victim has some culpability. This ploy is to assert the victim owns some portion of fault, thus reducing what is owed, or; insurance companies often argue the injury was actually the result of a pre-existing condition.

Having a personal injury lawyer will even the playing field and help maximize the value of an injury claim. Sometimes a victim cannot get to their doctor right away, or may not know which doctor to see. Indecision may cause a time gap between the crash and medical care. This is important to avoid: Any gap between a crash and medical care is an excuse for the insurance company to not pay what they rightfully owe.

Personal Injury attorneys and their staff spend much of their time talking with doctors and medical providers about the care received by clients. A committed attorney will go the extra mile to make themselves available to you via phone or email. For Turner and Turner, this is the beginning of the process. We offer a free case evaluation to all new clients.

Our attorneys will answer your questions and respond to your concerns promptly, and make understanding the legal process quick and easy for those unfamiliar with the process. A great attorney brings their attitude of commitment to your relationship with them right into the courtroom. We are professionals who work with you to fight for the best results possible.

If you have been the victim of an accident, whether auto, motorcycle or other motorized vehicles, don’t let your rights slip away because of indecision or an inability to navigate the thicket of insurance regulations.

Call Turner and Turner at (248) 355-1727 for a free case evaluation and consultation to preserve your rights to fair and timely compensation.

Question: What do we call that time of year in Michigan when the snows are gone and the roads are finally clear?

Answer: Pothole Season!

This could be a record pothole season all over Michigan, both the Upper and Lower Peninsulas. We had a long winter with an extended period of snow and ice covering the roadways. Road engineers calls this “deep frost” and it is the most destructive force other than overweight vehicles in terms of creation of new potholes.

Michigan roads, both state and local, are notoriously in poor shape. (The only way to feel good about Michigan roads is to cross the border into Ontario. Their highways are in terrible shape.) The Michigan Transportation Asset Management Council estimates that 83% of Michigan roads are in poor or fair condition, as opposed to good or excellent.

(By the way, Michigan voters will be asked on May 5 to weigh in on Proposal 1, which is supposed to allocate additional revenue to fix roads and bridges.)

In the meantime, the potholes are out there and they are a force to be reckoned with, so here are some tips:

• Check your tires and make sure they are properly inflated.
• Keep your speed down, especially when you are traveling in places with which you are not familiar. Hitting a pothole at a high speed can cause tremendous damage to tires, wheels and the underside of your vehicle.
• Be very cautious as you approach puddles. (April is also a very rainy month in Michigan.) These puddles could be hiding a large pothole underneath.
• Be aware that trucks and construction equipment might be diverted during early spring due to weight restrictions on roads that are under repair or are particularly struck with potholes.
• In addition, during weight restriction times, trucks are required to slow down significantly. This may increase traffic congestion.
• If you cannot avoid the pothole, slow down as quickly and safely as you can. Try to at least avoid the deepest part of the hole by steering left or right while staying in your lane.
• If you hit the pothole and you have that sneaking sensation that you may have damaged your vehicle, stop driving when it is safe to do so and examine your car. It is better to get a tow or change a tire rather than continue to stay on the road with a damaged car.
• Motorcyclists are advised to check with other riders and with websites on the safety of the routes they are planning to take. If you are planning to take out your bike, you might want to check out the road first behind the wheel of a car to make sure you aren’t caught unaware with the road conditions.

Leaves are pretty, but can also be pretty dangerous. First of all, you may be following a “leaf peeper”, who is entranced with the colors and not so focused on the driving conditions.  In addition, as the leaves continue to fall, the fallen leaves create a particular hazard for motorcycles. As they gather in the roads, even along the curbs, the leaves turn into a slicker surface than the road. Be very careful and try to avoid driving through piles of leaves, as you may lose your traction. Be aware of passing too closely to the curb if leaves are beginning to accumulate there. Finally, when your bike is cool, before you leave to go  out for a ride, check your muffler to be sure that no leaves have collected inside the muffler.

Stay clear of deer! Deer season is right now. Deer are close to the road for a variety of reasons, including the presence of hunters, as well as the just passed peak of breeding season. While in the past, deer encounters were just a rural phenomenon, the Michigan deer population is increasing so much that they are in neighborhoods and even off the sides of busy highways. (The Lodge-696 Interchange is a regular deer hangout.) Whereas automobile drivers are driving heavier vehicles and can often hold their own in a collision with a deer (with a lot of possible damage to the car), a motorcyclist cannot necessarily survive such a collision. So, keep your speed lower in known deer crossings, particularly at dusk and at dawn. Be particularly alert on roads that abut forests or empty fields or farmland. And remember, if you see one deer, you are likely to see more deer.

Slippery When Wet: November can be a rainy month (not the wettest in Michigan, that honor goes to August). Obviously, wet roads are hazardous. The first few minutes of a rainstorm are the most hazardous for bike riders, as the rain mixes with the oil on the road, making the center of the lanes particularly dangerous. As a rider you can mitigate the danger that rain brings. Make sure you are dressed for the rain. Lower your speed and increase your following distance. Wearing a helmet that has a face shield to keep rain out of your eyes is also extremely helpful. And remember that the right side of roads is typically where water pools.

Fall can bring Frost: We don’t like to think about the approach of winter, but it is on its way. There can be huge temperature swings in November, and frost is always a possibility. Frost, which is essentially ice, is absolutely treacherous for motorcycle riders. The best idea is to limit your driving in icy conditions, but sometimes you do end up getting stuck on the road. Beware of places where frost shows up first, on elevated roadways, at railroad crossings and in any roadways that have overhanging trees, as the shade doesn’t allow ice to melt beneath it.

Motorcycle riders are at higher risk because bikes are smaller than other vehicles and are therefore less visible, bikes are less stable than four-wheeled vehicles and there are fewer barriers on motorcycles to prevent injuries when compared to automobiles, which have air bags and seatbelts, not to mention door and roof beams and windshields.

Motorcycles do have some safety advantages: they are more agile, they can turn quickly to avoid obstacles and hazards and they have a much shorter stopping distance.

The key to defensive driving, then, is to maximize the safety advantages and compensate for the increased exposure to risk.

First of all, if you have not taken a motorcycle safety course, consider taking one, whether you are a new or experienced bike rider. Many times, this can have an impact on your insurance rates, and even if this is not the case, the more information and experience you can glean, the better. Be sure that you are really competent at braking and cornering as these maneuvers are the trickiest and require the most experience.

Finally, be sure that the bike you drive is a good fit for you (you should be able to place both feet on the ground) to operate safely and with confidence. You should also ensure that you can reach all controls. Be realistic; if you are small of stature, you may not be able to safely operate the largest manufactured motorcycles.

In addition, please keep in mind the following riding tips:

• Be vigilant about staying out of all vehicles’ blind spots.
• When you must pass a vehicle, signal that you will be doing so, pass quickly and get out of the blind spot as quickly as possible. This is a very dangerous maneuver, particularly when passing an 18 wheeler.
• Assume that you are invisible! Look always at driveways and intersections and be prepared as to what to do if somebody doesn’t see you. Where will your escape route be?
• Keep your following distance, using the 2 second rule, but always be looking ahead on the road and planning. What will you do if somebody enters the highway, do you have room to move over?
• Avoid hazards like painted road lane markings, manhole covers and potholes.
• If the weather conditions mean that the roadways are wet or icy, consider stopping for a while or pulling over, particularly at  the beginning of a rainstorm when the water mixes with the oil on the road surfaces. If you must continue on, be extremely cautious, lowering your speed, increasing your following distance and avoiding all distractions.
• Don’t ride in a wolfpack, even if it’s fun. The exposure to risk is very high.
• Obviously, don’t drink. Alcohol contributes to a huge number of motorcycle collisions. Designated driving plans don’t work as easily with motorcycles, because it means your bike has to stay somewhere typically overnight, but it’s better to find a place to stow your bike and return to it alive.
• Wear protective gear. We don’t know where you are on the helmet question but helmets do save lives. Other protective gear that makes a difference includes protective eyewear, gloves and thick clothing if the weather makes them comfortable. You want your protective gear to give you some relief from the elements (comfort), to be thick enough to prevent abrasions and contact burns and to provide increased visibility. All black clothing might be fashionable, but brighter colors and use of reflective gear may save your life.
• Be sure to wear sturdy footwear; leather boots are ideal.