MongGrel
Lifer
In the US the person who brake-checked would be legally responsible for that accident.
No
On a two lane highway, if you are in the left lane and someone is coming up on you, it is on YOU to move over, NOT for them to slow down, even if you are going the speed limit or higher.
Legally (and morally) the fault is ENTIRELY on the brake-checker.
If someone did that to me, and caused me to crash, I'd end up owning his house and the houses of his descendants for three generations.
MotionMan
More no.
Not sure what state you are from, but last I checked ANYTIME someone is rear-ended it's basically a 99.999% chance it will be deemed their fault. It's pretty hard to be the one that hits and not be the person held liable.
Obvious exceptions being running a red light, stop sign, etc..
Pretty much this.
Doesn't matter who is in the wrong, if you're tailgated/tailgaitting and there is an accident, the tailgater will be at fault almost every time.
One of the very first things my father stressed to me when I was learning to drive long ago.