Whether or not you’ve ever been guilty of doing it, brake checking is something most drivers have thought about doing at some point. There’s usually a time you were tailgated for no apparent reason, or aggressively cut off, and felt the need to retaliate. It’s never a good idea to brake check another driver because it’s always a dangerous move. It can easily lead to a car accident.
Is brake checking illegal?
Brake checking is when a person intentionally slams on their brakes to send a message to the car behind them that they’re doing something wrong. Whether it’s a message to slow down or in retaliation, there’s nothing nice about it. Also, it’s illegal in Georgia.
When brake checking, two cars end up too close together for another vehicle to get in between them, which is against Georgia Law. Cars are required to leave a big enough gap between themselves and other cars to allow another vehicle to get between them.
Is brake checking a felony?
Although it’s against the law in Georgia, brake checking is a misdemeanor not a felony. It’s considered a form of aggressive driving that can come with a fine and even jail time. Fines can be as high as $5,000 and jail time can add up to 12 months depending on the circumstances of the accident.
Common types of brake-checking accidents
Because of the nature of brake checking, rear-end collisions are the most common type of accidents it causes. While traditionally, these types of accidents put the driver who does the rear ending at fault, things often get flipped when brake checking is involved.
Other types of accidents can happen as a result of this reckless behavior, but no matter what type of crash, the risk for serious injury and vehicle damage is high. What’s even worse is that these accidents are 100% avoidable, unlike many others because brake checking is a choice to be reckless behind the wheel.
Common injuries from brake checking gone wrong
Brake checking never really goes right. It’s always seen as an aggressive move, and when it results in an accident, those involved usually come away injured along with the damage done to their car.
Injuries range in severity, but can get pretty bad depending on how fast you were going when the car in front of you brake checked you. Common injuries of the neck, back, head and face can occur from being thrown forward during collision or from the airbag deploying. You can also hurt your chest, arms, wrists and legs.
Proving a brake check accident
It’s very hard to prove you were in a brake check accident simply because hard evidence isn’t easy to come by. If you’re involved in this type of accident, it’s up to you to gather as much evidence as possible while still on the scene. Once it’s safe to get out of your car, make sure you photograph as much of the accident as possible from as many different angles as you can. Make sure the report you give to the police includes that a brake check caused the crash. Write down other information about the scene as well including the time, date, location and weather conditions. In addition to getting the contact information of the other driver involved, make sure you collect names and numbers from any witnesses.
If you have a dash cam, you may be able to utilize video footage as evidence as well. There could also be traffic cam footage available. Witnesses could also support your claim if they see the accident occur.
There is still a chance you might be assigned fault for a brake check accident. Although brake checking a tailgater is still aggressive and wrong, if you were already driving too close to the car in front of you, for example, you might still be at fault for the accident. Working with a personal injury lawyer can prove invaluable in this situation since they can ensure you have a strong case to fight for damages.
Stay safe around aggressive drivers
Keeping your distance when someone is driving aggressively, whether brake checking or not, is essential to you staying safe. In those instances where you can’t avoid an accident though, make sure you have the right team in your corner to fight for the compensation you deserve. Don’t let someone get away with brake checking. Contact the team at Watson Injury Law today.