Car Accidents Caused by Brake Checking in Georgia

When drivers get frustrated on the road, some resort to dangerous tactics like brake checking. This aggressive behavior happens daily across America's highways. In Georgia, brake checking is against the law and can lead to severe legal penalties and liability for any resulting crashes. If you've been involved in a car accident caused by brake checking, a car crash lawyer can help you understand your rights and pursue the compensation you deserve.

Car Accidents Caused by Brake Checking in Georgia

What Happens When Someone Brake Checks You on the Road?

Brake checking happens when a person hits their brakes hard on purpose to make the car behind them stop suddenly or swerve. Drivers usually do this when they think someone is tailgating them or when they're angry.

This can be dangerous because the driver behind has almost no time to react. According to the Georgia Department of Driver Services, a car going 55 mph needs about 419 feet to come to a complete stop.

Is Brake Checking Illegal?

Yes, brake checking is illegal in Georgia.

While you won't find the exact words "brake checking" in Georgia law books, this behavior breaks certain key laws:

If you get caught brake checking in Georgia, you could face fines up to $1,000, jail time, points on your license, and higher insurance rates.

Who Is At Fault When Brake-Checking Causes An Accident?

Usually, in rear-end collisions, Georgia law assumes the driver in the back is at fault. But this can change if there's proof that the front driver brake checked the other driver on purpose.

Evidence that can help prove brake checking includes:

  • Dashcam videos showing sudden braking for no reason
  • Statements from witnesses
  • No road hazards that would explain why someone stopped suddenly

Georgia uses a modified comparative negligence system when it comes to fault for car crashes. This means if you're less than 50% responsible for the accident, you can still get compensation, but the amount will be reduced by your percentage of fault.

Common Types of Accidents Caused by Brake Checking

Brake checking can trigger several different types of crashes, such as:

  • Rear-end collisions are a common result when the following driver cannot stop in time after a sudden brake check
  • Sideswipe accidents happen when the rear driver swerves to avoid hitting the driver who stopped suddenly and clips another vehicle
  • Multi-car pile-ups can occur on busy roads when one brake check causes a chain reaction of collisions
  • Rollover crashes may result if a driver swerves too sharply at high speed to avoid hitting a brake checker

These accidents can be especially harmful because they tend to happen suddenly with no time for drivers to prepare.

What to Do if You're Hurt by a Brake Checker in Georgia

If you're hurt in an accident because someone brake-checked you, make sure to take the following steps:

  • Move to a safe spot if possible
  • Call 911 to report the accident
  • Take pictures and get witness information
  • See a doctor even if you feel okay

Under Georgia law, you may be able to get money for medical bills, lost income, car repairs, and pain and suffering. Keep in mind, though, that in Georgia, you have two years from the date of the accident to file a lawsuit.

The Impact of Brake Checking on Georgia Highways

Brake checking is a dangerous form of aggressive driving, and the consequences can be serious. If a crash happens, a driver can be held legally liable for that accident if brake checking was involved. By making an effort to stay calm behind the wheel, you can protect yourself from legal issues and help make Georgia's roads safer for everyone.

Image credit: Depositphotos

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