Motorcyclist Found Injured on I-35, Hospitalized

According to a KSAT News report, a motorcycle crashed on I-35 last night and seriously injured the rider.

Police reported the accident happened on I-35 near Rayburn Drive on the South Side of San Antonio at around 10:30 p.m. on February 14th. Police say they responded to the accident and found the motorcyclist on the ground, away from his bike. He was taken to the hospital but is expected to make a full recovery. The motorcyclist claimed a vehicle stopped in front of him, but there was no damage to the bike, indicating a collision. This led the officers to believe he intentionally laid the bike down to avoid an accident. The investigation is ongoing.

Did You Know?

In 2022, there were 2,242 serious injury accidents involving motorcyclists in Texas.

Brake-Checking Accidents in San Antonio

How do you react when another driver is following way too close behind you?

Many people have experienced this scenario — it’s scary and incredibly dangerous to be tailgated, especially at high speeds. Many people’s initial reaction is to press the brakes in an attempt to encourage them to back off. This is commonly referred to as brake-checking.

Unfortunately, brake-checking doesn’t work. At best, you’ll annoy the driver, who is already behaving aggressively. Worse, you’ll cause a bad accident that you will likely be held responsible for.

Is Brake-Checking Illegal in San Antonio?

There is no such thing as a specific law against “brake-checking” in San Antonio. But it is illegal because it is a form of reckless driving.

Usually, the person who makes the impact with the car in front of them will be held responsible for the accident. Brake-checking accidents are different. The Texas Transportation Code strictly prohibits drivers from showing “Willful or wanton disregard for other persons or property.” If a driver is found guilty of breaking this code, they can face:

• Misdemeanor charges,
• A fine of up to $200,
• Jail time not exceeding 30 days.

Also, facing these charges does not eliminate the possibility of facing a civil lawsuit for injuries sustained in the accident.

Who is Responsible for a Brake Check Accident?

You may be thinking, “Wait, but tailgating is illegal! Won’t the other be at fault for the accident?”

When car accidents happen, more than one driver can be at fault. Fault is usually determined as a percentage to which each driver contributed to the accident. Tailgating is reckless and dangerous, and brake-checking is not a reasonable response to another person’s aggressive driving. So, both drivers would likely share fault in this kind of accident.

Can I Sue for Injuries If I Brake-Checked a Reckless Driver?

As stated previously, fault is determined as a percentage to which you contributed to an accident. The percentage to which you are at fault will reduce what damages you can claim. If you are found to be 51% or more responsible, you will not be able to claim anything in a personal injury suit.

Hurt in a Brake Check Accident in San Antonio? Call Carabin Shaw.

Unless you prove the other driver was engaging in brake checking, you’ll likely be blamed for the accident.

We can help with that. Carabin Shaw has represented complex auto accident cases for 30 years, and we put our clients first. Call the team that cares today at 800-862-1260 or use the live chat to schedule a free case evaluation. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

¹KSAT News Report