Brake checking is a dangerous practice that some drivers engage in when frustrated on the roads. Often, it’s an attempt to get a tailgating driver to back off. But it’s a risky maneuver that can easily lead to serious car accidents. Injuries from crashes due to brake checking can be severe, impacting a victim’s health, finances, and daily life for years to come.
At Spiva Law Group, we understand the shock and pain that come with being involved in a car accident in Georgia — especially when the crash results from another driver’s recklessness. We are here to offer the support and legal guidance you need during this difficult time.
Our Savannah car accident lawyers provide aggressive representation for injured people, fighting to make their voices heard and ensuring all liable parties are held accountable for their wrongdoing. You can count on us to demand maximum compensation for your car accident injuries. Call or contact us today for a free consultation.
What is Brake Checking?
Brake checking occurs when a driver slams on their brakes for no good reason, usually when another car follows too closely. This move can catch the rear driver off guard, potentially causing a collision if they can’t stop in time.
Often, brake checking stems from frustration or is meant to startle the rear driver. But irritation is no justification for hitting the brakes unnecessarily. One traffic violation does not justify another — and there is no margin for error on Georgia roads. Brake checking can and does cause motor vehicle accidents.
Is Brake Checking Illegal in Georgia?
There is no specific law against brake checking in Georgia. State law says Georgia drivers must not follow another driver so closely that it creates a potential crash situation. However, the law also says motorists must not drive in a way that recklessly puts others on the road in danger. In brake-checking accidents where tailgating is a factor, it’s possible both parties could be liable for any resulting injuries or damage.
Georgia law also defines aggressive driving as driving with the intent to “annoy, harass, molest, intimidate, injure, or obstruct another person” on the road. Someone injured because of brake checking could plausibly argue that the front driver’s actions rose to the level of aggressive driving in a car accident lawsuit.
Why is Brake Checking Dangerous?
Brake checking is a hazardous maneuver that puts everyone nearby at risk. When a driver brake checks, the action doesn’t just affect the two drivers. It creates a dangerous situation that can harm others on the road.
Here are a few reasons why brake checking is so dangerous:
- Unexpected stops – The driver behind might not have enough time to react and stop their vehicle, leading to a rear-end collision. These sudden stops can surprise even the most attentive drivers.
- Multi-car pileups – If the roads are busy, a brake-checking incident can lead to a multi-vehicle accident or chain-reaction crash.
- Loss of control – When trying to avoid hitting the brake checker, the following driver might swerve unexpectedly and lose control of their vehicle, striking other cars or running off the road entirely.
- Road rage – Brake checking can escalate tensions on the road, potentially leading to road rage and further reckless behaviors.
What is the Best Way to Respond to a Brake Check?
The best way to respond to a brake check is with calm and caution. First, try to maintain a safe distance from the car in front of you at all times. This gives you more time to react if a driver brakes suddenly.
If you’re caught off guard and someone breaks checks you, resist the urge to retaliate or confront them. Instead, focus on maintaining control of your vehicle. Apply your brakes and look for a way to increase the distance between you and the other car safely.
It’s also wise to avoid engaging with the other driver by making eye contact or gestures. Keep your attention on the road and your surroundings. If the situation escalates or you feel threatened, consider taking a different route or pulling over to let them gain some distance. Remember, your safety is the most important thing. Stay calm and collected, and prioritize getting to your destination safely.
Can I Be Held at Fault if I Was Brake Checked?
The driver in the rear typically bears most of the fault for a rear-end collision, which is the most common type of brake-check accident. However, brake checking is a negligent, dangerous act by the front driver, and they may be at fault if your attorney can prove they were engaging in reckless driving behavior.
While you may have contributed to a brake-checking accident, you could still recover compensation through a personal injury claim. Georgia law says that as long as your share of fault in a car accident claim is less than 50 percent, you can still recover compensation for your injuries. A Georgia car accident attorney can help you obtain compensation by showing the insurance company how the other driver bears most of the fault for the collision.
Is It Possible to Prove Brake Checking Caused My Accident?
Proving you sustained an injury because a driver brake checked you can be challenging, but it’s not impossible. The key is to work with an experienced attorney who can investigate the accident scene and find evidence to support your case. Common types of evidence in these cases include:
- The police report
- Photos or video from the crash scene
- Eyewitness accounts
- Surveillance or dashcam footage
- Forensic accident analysis
What is the Penalty for Brake Checking in Georgia?
While no specific law bans brake checking in Georgia, it could fall under the definition of reckless driving or aggressive driving, depending on the facts of the car accident case. Reckless driving is a misdemeanor, and the penalties for this offense include up to 12 months in jail and a fine of up to $1,000. Aggressive driving is a misdemeanor of a “high and aggressive nature” and carries a fine of up to $5,000, though the maximum jail sentence is still 12 months. Drivers who cause brake-checking accidents that injure others could also face additional civil repercussions through car accident lawsuits.
Contact a Georgia Car Accident Lawyer
If you suffered injuries in a crash caused by brake checking in Georgia, a car accident attorney from Spiva Law Group can help you seek compensation for your losses. Call us today or reach out online for a free consultation.
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