Frustrated drivers sometimes resort to brake checking when tailgated on Georgia roads. It is an attempt to get the tailgating driver to back off, but it’s a dangerous gamble. Brake checking can cause crashes ranging from rear-end accidents to multi-car pileups, putting everyone involved at risk of serious injuries.
Did you get hurt in a car accident due to brake checking? The attorneys at Sherrod & Bernard, P.C. can help you seek compensation from the driver liable for your injuries and losses. With 85 years of combined legal experience, our proven car accident lawyers have recovered multi-million-dollar verdicts and settlements for injured people. Contact us today for a free consultation.
What Is Brake Checking?
Brake checking occurs when a driver suddenly and unexpectedly steps on their brakes. Whether they are angry with a reckless driver or just testing their vehicle’s brakes, Georgia motorists are prohibited from this practice because of the high risk of car accidents caused by brake checking.
Why is brake checking so dangerous? This form of road rage can cause devastating injuries and significant property damage. Common types of brake-check accidents include:
- Rear-end accidents – If the front vehicle suddenly hits the brakes, the car behind may not have sufficient time to stop and avoid a collision. The nature of a rear-end accident can cause whiplash or head injuries, including concussions.
- Chain-reaction collisions – A single rear-end collision caused by brake checking can set off a chain reaction of crashes, resulting in a multi-car pileup.
Brake checking can have other hazardous and unintended consequences. Rather than getting the tailgating driver to back off, brake checking can anger them more. Increased road rage can escalate quickly and result in other forms of reckless driving, such as speeding, chasing the other driver, or deliberately failing to yield to other traffic.
Is Brake Checking Illegal in Georgia?
No specific law prohibits brake checking in Georgia. However, the practice fits within the state’s law on aggressive driving, which involves using a vehicle to annoy, harass, molest, intimidate, injure, or obstruct another person.
In addition, all drivers have a duty to drive in a safe manner that does not put other road users in danger. Brake checking is a negligent action that can easily cause harm.
What Types of Injuries Can Be Caused by a Brake-Checking Accident?
Injuries from a brake-checking accident vary in type and severity. They are often consistent with those typically sustained in rear-end car accidents, including:
- Whiplash
- Neck injuries
- Back pain
- Traumatic brain injury (TBI)
- Spinal cord injury
- Airbag injuries
- Seat belt injuries
Who Can Be Held At Fault for a Brake-Checking Accident?
Determining fault for a brake-checking crash involves examining the actions of the brake-checker and the other driver(s) involved in the accident. In many cases, drivers share the blame for these types of accidents.
Under Georgia’s modified comparative negligence laws, you can still recover compensation if you are less than 50 percent at fault for an accident. However, your total compensation will be reduced by the percentage of fault attributed to you.
In a brake-checking collision, it is difficult for the rear driver to prove they are not liable for the crash. That’s because most rear-end accidents are caused by the rear driver failing to pay attention and maintain a safe traveling distance. However, that is not the case for all brake-checking accidents. An experienced car accident attorney can gather evidence to establish the other driver’s fault when appropriate.
How Can You Prove the Other Driver Was At Fault?
Despite the challenges of proving fault in brake-checking accidents, you can establish liability through strong evidence like eyewitness testimony and surveillance video footage.
If you are not critically injured and physically able to get out of your vehicle, speak to any witnesses at the scene. Document their version of events and obtain their contact information so your car accident attorney can contact them later.
You can help your car accident case by documenting the crash scene with photos of the vehicles, any nearby road signs, traffic signals, and local businesses. Surveillance and security camera footage may have captured the accident as it occurred, which will allow your lawyer to evaluate facts such as both drivers’ behavior and actions in the moments leading up to the crash. If police responded to the scene, their accident report can also provide important documentation to establish liability. All this information is crucial for a strong car accident claim.
What Happens if the Insurance Company Won’t Pay?
Your car accident lawyer will try to negotiate a settlement with the at-fault driver’s insurance company. However, the insurer may dispute the claim, make a lowball settlement offer, or deny it outright. These tactics are not unusual but can be very stressful. Let your car accident attorney deal with the insurance companies so you are not under-compensated.
Contact a Georgia Car Accident Lawyer
The Douglasville personal injury attorneys at Sherrod & Bernard, P.C. have served Georgia accident victims for over 30 years. When you work with our lawyers, we will treat you like family. Let us assist you like we helped Tiffany Bishop, who writes:
“I am so glad that I came to Ken Bernard when I got in a car accident. Without medical insurance, it would have been impossible for me to get the injury care I needed without my attorney. I never had to worry about how my case was going because they took care of everything. THANK YOU!”
Past results do not guarantee future outcomes, but our case results and client testimonials attest to the skill and compassionate service we provide every client. For help with your brake-check accident case, call or contact us now for a free consultation.
