Sometimes, drivers check their brakes while in the middle of busy traffic, or they do what is commonly called “brake checking.” Because brake checking disrupts traffic flow, it presents a significant safety risk. To cut down on this risk and prevent devastating auto accidents and injuries, Georgia enacted a law prohibiting brake checking and, in some circumstances, punishes it as a form of aggressive driving.
In this article, we take a closer look at this dangerous practice. We also discuss the rights and options for seeking compensation if you suffer injuries in a crash caused by brake checking in Georgia.
What Is Brake Checking?
Rear-end collisions frequently occur due to the rear driver’s failure to maintain a safe following distance. However, brake-checking accidents are different. They happen when a driver suddenly and intentionally hits their brakes — more often than not, to scare the rear driver. All too often, drivers brake check when frustrated or angry about another driver following them too closely or “tailgating” them. In a road rage incident, a driver may intentionally speed past another driver, get in front of them, and suddenly brake check as a “power maneuver.”
In rare cases, drivers may use brake checking for insurance fraud purposes, knowing that most insurance companies automatically fault the rear driver in rear-end collisions. These people may think that brake checking can lead them to a quick insurance payout.
What Types of Accidents Are Caused by Brake Checking?
By far, the most common car accident caused by brake checking in Georgia is a rear-end collision. When a driver suddenly slams on the brakes, the rear drivers may not have the time or space to stop safely before colliding with the braking vehicle. Other common crashes caused by brake checking include:
- Multi-car collisions, or “pile-up” collisions
- Single-car accidents and property damage
- Road rage incidents
- Sideswipe accidents.
These types of accidents can lead to significant injuries like head trauma, spinal cord injuries, broken bones, and other catastrophic injuries.
Is Brake Checking Considered Reckless Driving?
Brake checking can be illegal in Georgia under the state’s aggressive driving statute, or Ga. Code § 40-6-397. Aggressive driving occurs when an individual operates a vehicle intending to annoy, intimidate, harass, obstruct, or injure another driver or individual. Brake checking may also be illegal under laws that make driving with reckless disregard for the safety of other individuals or property illegal.
The specific circumstances of the incident and the evidence available to prove the driver intentionally brake-checked another person factor into whether the driver may be cited for aggressive or reckless driving. Penalties for reckless and aggressive driving charges vary from fines to jail. Causing a brake-checking accident that results in significant injury or death can increase the penalties and may result in charges of aggravated assault or vehicular homicide.
What Should I Do If I Am in a Brake-Checking Accident?
You must remain calm if you are involved in a brake-checking accident. Drivers who engage in reckless or aggressive driving may be hot-headed and volatile. Contact the authorities immediately and exchange information with the other driver. Other steps you should take to protect yourself and help build a solid case against the other driver include:
- Seek immediate medical attention — Always seek immediate medical attention for your injuries, even if you initially feel fine. Adrenaline can mask some of the pain and signs of serious injuries. Medical records may also be vital to building a compensation claim.
- Document the scene — If possible, document the scene as thoroughly as you can. Take pictures and videos of the scene and the damage to both cars. Proving the other driver was brake checking can be challenging. If there are witnesses, ask for a brief description of what they saw and get their contact information.
- Secure video evidence — If you have a dash camera that captures the other driver engaging in brake checking, save the data as soon as possible. If you do not have a dash cam, take note of your surroundings. Nearby businesses or homes may have video footage of the incident.
- Keep a paper trail — Keep all medical bills, repair receipts, and other documentation of your financial losses from the incident.
- Avoid social media — Do not discuss the brake-checking accident or the other driver online or on social media platforms.
- Consult an attorney — Gathering and preserving evidence to support a brake-checking claim can be daunting. Seek legal assistance as soon as possible. Contact our Atlanta car accident attorney today.
How Can You Prove the Other Driver Brake Checked Me?
Proving that the driver in the front brake checked you and caused the crash can be challenging. It often turns into a game of “he said, she said,” meaning it is your word against the other driver’s. However, with the help of an experienced Georgia car accident attorney, there are ways to gather the evidence it takes to prove the other driver engaged in reckless or aggressive driving behaviors.
An attorney can investigate the cause of the crash by collecting and preserving evidence such as video surveillance, photographs, police reports, and witness testimony. The evidence can boost your claim and help prove the other driver was responsible for causing the collision.
Can I Sue the Driver Who Did the Brake Checking?
Georgia follows a traditional fault-based car insurance model. Drivers can file a claim with the at-fault driver’s insurance company to seek compensation for their losses. Drivers may also opt to file a personal injury lawsuit to recover compensation, especially in cases where the insurance company fails to negotiate in good faith.
While you may sue the brake-checking driver, remember that Georgia follows the doctrine of modified comparative negligence. Under this law, a court would reduce your compensation based on the percentage of fault you bear for causing a brake-checking accident. If you are 50 percent or more at fault for the crash, you cannot recover any compensation for your losses.
An attorney can review your case and outline which legal options give you the best opportunity to recover the money you need.
Get Help from an Experienced Georgia Car Accident Lawyer Today
If a careless or aggressive Georgia driver caused an accident by brake checking, you should consult a skilled car accident lawyer for help right away. Establishing liability following a car accident caused by brake checking in Georgia can be challenging without the help of an aggressive and dedicated personal injury lawyer.
At Bayuk Pratt, our car accident attorneys have more than 50 years of combined legal experience. We understand the importance of immediately gathering crucial evidence and thoroughly investigating the cause of a crash to help our clients pursue maximum compensation for their injuries.
Contact us today to arrange an initial consultation and learn more about your legal rights and options for pursuing compensation.
