If someone intentionally brake-checks me and I rear-end them, am I automatically at fault?
Kyle Moore's Answer
Quick Answer
If you rear-end someone who intentionally brake checks you, you're not automatically at fault as their conduct may be considered intentional misconduct affecting liability.
Key risks of waiting too long
Potential Risk
Misunderstanding how intentional misconduct affects liability.
Potential Risk
Assuming fault without considering the circumstances of the lead driver's actions.
Potential Risk
Failing to gather evidence of the other driver's behavior.
Full Transcript
Below is an AI-generated transcript of the video answer.
If someone intentionally brake checks you and you rear end them, you're not automatically at fault.
The driver's conduct in front of you will be a major issue in the case.
If someone is intentionally brake checking you, then that rises above the level of unreasonable or mere negligence and could be intentional misconduct,
which could be an aggravating circumstance in the liability portion of your case.
But just because you rear end them doesn't mean that you're automatically at fault.