Sunday, July 9, 2017

Brake-Check...

Image result for Cars tailgate cartoon


Slamming your brakes when being tailgated can lead to criminal charges, civil lawsuits, and an empty hole in your wallet when it comes to personal injury cases.
 
One car is tailgating another and the front car slams on his brakes to back the second car off.  What you may not know is that this tailgate stopping action can lead to both civil and criminal assault charges and can block the front driver from any injury recovery if it actually leads to an accident.

This is the important distinction.  Slamming the brakes is intended to cause fear, fear of a potential accident and possible injury.

The Crime of Assault, in many states, includes any action that is intended to cause fear of immediate harm in the mind of another person.  In Maryland, there is even a specific Criminal Jury Instruction under the category of Assault called “Intent to Frighten.”  To be found guilty of 2nd Degree Assault in this context. Who Knew...

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