Car Accidents Caused By Brake Checking in Georgia
Aggressive driving is a common problem, with more than 80% of drivers admitting to aggressive driving or road rage in the past year. In Georgia, it’s a contributing factor in one out of every five traffic fatalities.
Many types of behavior can be considered aggressive driving, including tailgating, blocking other drivers from changing lanes, and cutting off other drivers. One of the most dangerous behaviors is brake checking.
What Does Brake Checking Mean?
Brake checking refers to intentionally braking suddenly to force the driver behind you to respond quickly by braking or swerving. This form of aggressive driving may be done because the driver is retaliating against another vehicle following too closely.
Brake checking can be seen as a way to force the other driver to back off or just to “teach them a lesson” for tailgating. It can also be an impulsive reaction or a way to intimidate other drivers.
Brake checking is likely to trigger a rear-end collision or cause the other driver to swerve into another lane. This can endanger both drivers and other motorists on the road.
Is Brake Checking Legal in Georgia?
Georgia classifies brake checking as aggressive driving, which is against the law. Under O.C.G.A. § 40-6-397, aggressive driving is operating a vehicle with the intent to “annoy, harass, molest, intimidate, injure, or obstruct” another.
It can include the following examples of aggressive driving:
- Brake checking
- Tailgating or intentionally following too closely
- Cutting off other drivers
- Blocking other drivers from changing lanes or exiting a highway
- Intentionally driving slowly to impede traffic
- Flashing lights at other vehicles
- Weaving in and out of traffic
- Honking at other drivers
- Gesturing at other drivers
Under Georgia law, brake checking can also be considered a type of reckless driving. This is a willful disregard for the safety of other people. Aggressive driving is a more serious offense in Georgia. An important distinction is that aggressive driving requires intent, whether it’s intent to harass, annoy, or intimidate someone else. Reckless driving does not.
Drivers can be charged with aggressive and reckless driving as separate offenses for the same incident.
Who Is At Fault For a Brake Checking Crash?
Brake checking accidents are complex because it can be difficult to prove who was at fault. In general, a rear driver is found at fault for a rear-end collision because they failed to maintain a safe following distance. However, brake checking is also considered dangerous behavior and prohibited.
Both drivers often share some fault for a crash caused by brake checking. However, one of the biggest challenges you may face is a lack of evidence. Without dash cam footage, you may need to rely on witness testimony to prove that the other driver was brake checking.
Because Georgia uses a modified comparative negligence rule, you may still recover compensation for your injuries even if you contributed to the crash. However, you are not entitled to damages if you were more than 49% at fault. In these cases in which primary fault could go either way, your ability to seek compensation may come down to a slim difference in comparative fault.
Either the brake checking driver or rear driver may recover compensation, but it will come down to the strength of your evidence against the other party. This is why it’s important to work with an experienced Lawrenceville car accident lawyer. Your lawyer will gather evidence and build the strongest claim possible.
Tips For Responding To Aggressive Drivers
If you encounter an aggressive or reckless driver in Georgia, try to remain calm and avoid responding to them in kind. By escalating the situation, you may be endangering yourself and other drivers.
According to the NHTSA, these behaviors are common triggers for aggressive driving in others:
- Distracted driving, like texting and driving
- Cutting off other drivers
- Driving too slowly in a carpool or passing lane
- Tailgating
These behaviors should be avoided because they are already dangerous and may trigger another motorist to retaliate against you.
Avoid retaliating against an aggressive driver, making eye contact, or attempting to confront them. Do your best to maintain a safe distance from other motorists and drive defensively.
If you have been hurt in a crash caused by brake checking or other aggressive behavior, Lawson Personal Injury Attorneys is here to help. Our Lawrenceville car accident lawyer will investigate your case and help you explore legal options for pursuing the compensation you deserve.
Contact the Car Accident Law Firm of Lawson Personal Injury Attorneys in Lawrenceville for Help Today
For more information, please contact our experienced car accident lawyers at Lawson Personal Injury Attorneys to schedule a free initial consultation today. We have a convenient location in Lawrenceville, GA.
Lawson Personal Injury Attorneys
320 S Perry St, Lawrenceville, GA 30046
(678) 446-3655