If you were involved in a car accident in Georgia and suspect that brake checking may have been involved, you are likely confused about your legal rights. Can you file a claim if you were the rear driver? 

Brake checking is a dangerous driving behavior that can lead to collisions and serious injuries. An experienced attorney can review your claim and explain your options during a free case review. 

What Is Brake Checking?

Brake checking is the act of applying the brakes to cause the driver behind you to brake, too. This can be several taps on the brake or a sudden brake. 

Many people use brake checking as a form of aggressive driving or road rage. They are mad that the driver behind them is driving too closely. They apply the brakes to cause the driver behind them to back off. However, brake checking can cause preventable collisions.

Who Is Responsible for a Brake Checking Accident?

Brake-checking accidents can be complicated because the driver who is brake-checking may try to deny their actions, leaving it to the rear driver to prove the front driver is at fault. They can also involve issues of comparative fault. 

Under Georgia law, all motorists are prohibited from driving too closely. Drivers must “not follow another vehicle more closely than is reasonable and prudent,” considering speed and traffic conditions. If a driver in front of them suddenly stops, they should have sufficient space to stop to avoid a crash. 

However, brake checking is an intentional act. All motorists have a legal duty to prevent car accidents. 

Both drivers can be found partially at fault. Georgia’s comparative fault system allows accident victims to recover compensation after an accident for which they were partially at fault as long as they are not more at fault than the other driver. However, their compensation is reduced by their degree of fault. 

Suppose you were following the vehicle in front of you too closely when the driver got mad and brake checked. You crashed into the back of their vehicle as a result. You are found to be 10% at fault for the accident, while the brake checker is found to be 90% at fault. You can still recover 90% of the damages you suffered.

If you were injured in a brake-checking accident, consider contacting an experienced car accident lawyer. A lawyer can review your case, determine how the accident happened, gather evidence of fault, and explain your legal rights. 

An Experienced Car Accident Lawyer Can Help You Prove Fault In a Brake Checking Accident

Strong evidence is key to overcoming the other driver’s assertion that you were following too closely and solely to blame for the accident. 

An experienced car accident lawyer can investigate your case and gather evidence to help establish fault, such as:

  • Accident reports that include your statements regarding the other driver’s actions and their self-incriminating statements
  • Statements from witnesses who saw the other driver brake checking 
  • Dashcam footage from your vehicle 
  • Surveillance or traffic camera footage
  • Event data recorder information that shows the other driver braking immediately before the crash

Some of this evidence may be lost, erased, or destroyed quickly, so take prompt action by contacting an experienced personal injury lawyer. 

If you were injured in a brake-checking crash, you should not have to pay for someone else’s wrongful conduct. Hiring an experienced car accident attorney can help you determine who is at fault for the collision and pursue compensation for your injuries. 

Contact the Car Accident lawyer of The Auto Accident Attorneys Group for Help Today

For more information, please contact an experienced lawyer at The Auto Accident Attorneys Group to schedule a free initial consultation today.

The Auto Accident Attorneys Group
1454 Johnson Ferry Rd, Marietta, GA 30062, United States
(404) 600-0941