First ever accident...in my new Tacoma. Ugh.

Exactly brake checking as far as I know is illegal and probably might also be considered wreckless driving as you shouldn't be making sudden maneuvers in a malicious manner like that. It's also very hard to prove someone brake checked you but a good quality video of it would be enough.

 

It’s certainly one of the mathematical possibilities.

 

Time for a winch bumper replacement!!!
Glad everyone was ok.

 

So this is why NJ drivers are such assholes.....

 

I object. Heresay your honor.

Objection sustained.

Counsel has been warned.

 

I get that you interpret it that way, but that’s not how the law works. If the accident was a result of the failure to yield then the driver failing to yield is at fault. Whether or not he came to a complete stop is irrelevant.

The only defense really is to prove that the accident was not caused by the failure to yield. If it happened well down the road, or significantly later then it may be possible to prove. That doesn’t appear to be the case here.

 

Yielding in driving is defined as granting access to the lane, space or intersection to another vehicle. If a vehicle is required to react in any way to you (braking, changing lanes, etc), you have not yielded to them.

As an example, if you are driving on a service road and fail to yield to car coming off of the highway off-ramp and they slam into your car, you are still at fault for failure to yield. If you are driving in your lane and an emergency vehicle with lights and sirens on comes up behind you and you stay put, you have failed to yield. I do agree that in most cases, the violator is the one making impact to another car. Failure to yield is almost always the opposite case, however.

 

Except for the ‘facts’ that OP said he saw him do it, had the time and wherewithal to blow his horn, the guy was in the lane and in front of OP, after/near an intersection with a traffic signal, then….

OP hit him, from behind.

 

https://m.youtube.com/watch?v=xwnovv7gs4w

 

I will need the link to the dash cam you have your sir