Atlanta Car Accidents Caused by Brake Checking

Aggressive driving has become an increasingly serious problem in Georgia as the roads grow ever more congested in Atlanta and across the state in general. In fact, Georgia’s Department of Transportation estimates that aggressive driving is a factor in one out of every five traffic fatalities. Speeding, weaving in and out of traffic, and making rude gestures at other drivers are all common examples of aggressive driving, but one of the most common and dangerous tactics is brake checking.

 What is Brake Checking? 

Brake checking happens when a driver purposely hits the brakes without warning in an effort to force the driver in the rear to react quickly. This aggressive driving tactic is often intended to retaliate against someone who is perceived as following too closely, but drivers engage in brake checking for a lot of reasons. Some, for instance, do it in an effort to force a driver to back off, while others may simply do it out of frustration or as a reaction to another motorist’s aggressive driving. While it may seem logical at the time, brake checking is dangerous and far from causing another driver to change his or her behavior, is likely to escalate the situation and could even result in a rear end collision.

 Brake Checking is Illegal in Georgia

In Georgia, aggressive driving is defined as operating a vehicle with the intent to annoy, harass, intimidate, injure, or obstruct another person. This includes behaviors varying from failing to yield and weaving in and out of traffic to flashing one’s lights  and tailgating. Brake checking, however, also falls under this category, which makes it unlawful. Those accused of aggressive driving face misdemeanor criminal charges, a fine of up to $5,000 and a year in jail. Besides these penalties, brake checking also heightens the risk of an accident and potentially severe injuries.

 Fault for Brake Checking Accidents

Determining fault for an accident caused by brake checking can be complicated, as it is possible that both parties involved were negligent (if the driver in the rear was tailgating) and there is often little proof (except for the testimony of the driver in the rear) that the other motorist brake checked at all. In most rear end collisions, the driver in the rear is presumed to be at fault, as all drivers in Georgia are legally required to keep a safe distance when following other vehicles. This presumption could, however, be overcome if the driver in the rear can provide proof of the lead driver’s aggressive driving tactics.

Our Atlanta Car Accident Lawyers Can Help with Your Case 

If you were involved in an accident caused by brake checking, you may encounter difficulty when proving that to an insurer or a court. At Shiver Hamilton Campbell, we can help gather the kinds of strong evidence that can establish another driver’s negligence and improve your chances of recovering compensation for your losses. To learn more, please reach out to our experienced Atlanta rear end accident lawyers at 404-593-0020 today.

 Sources:

ajc.com/news/health-news/state-to-study-vehicle-crashes-a-leading-cause-of-death-in-georgia/7VRYM57AWBEFPDVNJC77K75GHU/

law.justia.com/codes/georgia/2020/title-40/chapter-6/article-15/section-40-6-397/