If someone intentionally brake-checks me and I rear-end them, am I automatically at fault?

If someone intentionally brake-checks me and I rear-end them, am I automatically at fault? - Answer by Kyle Moore

In the scenario where an individual intentionally brake-checks another driver, resulting in a rear-end collision, the rear-ending driver is not automatically deemed at fault. The conduct of the driver who performed the brake check is a significant factor in determining liability. Intentional brake-checking constitutes behavior that exceeds mere negligence and may be classified as intentional misconduct. This type of conduct could be considered an aggravating circumstance in the assessment of liability. Therefore, while rear-ending another vehicle typically implies fault, the specific circumstances surrounding the brake-checking incident must be thoroughly evaluated. In summary, the determination of fault in such cases is not straightforward and requires careful consideration of the actions of both drivers involved in the incident.