Car Accidents Caused by Brake-Checking in Georgia

Brake-checking occurs when a driver purposely slows down or stops without warning – often to cause the driver behind them to rear-end their car. In most rear-end collisions, the driver in the rear will be presumed responsible for the collision, but brake-checking can be an exception. Drivers that deliberately brake-check are intentionally causing or inviting a rear-end collision – which means the brake-checking driver should be held responsible for any injuries or deaths that occur. However, it can often be hard to determine whether the brake check was intentional or necessary.

Brake-checking can include touching a brake just enough to cause the rear lights to come on, slamming the brake pedal as hard as possible, or anything in between.

Why do drivers brake-check?

Some drivers may brake-check to cause a rear-end collision in order to commit insurance fraud, others may do so out of anger believing another driver is tailgating them, or some teenage drivers may do so because they believe it is humorous without thinking of the potential dangers.

Is it illegal to brake-check in Georgia?

Brake-checking is illegal in Georgia and many other states. The penalties for intentionally brake-checking may include:

• An arrest for filing a false insurance claim
• An arrest for driving recklessly or intentionally causing harm to another person
• A citation for violating a Georgia traffic rule, which can result in fines, points on the driver’s record, and a license revocation or suspension

Brake-checking is illegal in Georgia, regardless of whether or not someone is “tailgating” you or driving too close behind you. In this situation, both the driver that engages in brake-checking and the tailgating driver may receive traffic citations.

The State of Georgia requires that drivers involved in a Georgia accident that results in either personal injuries, death, or property damage in the amount of $500 or more contact local law enforcement immediately.

Who is responsible for a brake-checking accident in Georgia?

Determining liability in brake-checking accident cases requires experienced car accident lawyers. The first question that needs to be asked is, “How did this accident happen?” The second question is, “What happens if both the driver in the front and the driver in the rear contribute to the accident?”

How the accident occurred depends on physical evidence, the statements of the drivers and any witnesses. Some of the physical evidence can include:

• The use of dashcams which take videos of the accident. If either car has a dashcam, the images of the drivers, the cars, and the roadways can be instructive
• Any videos or photos of the accidents by any people or businesses near the accident site. Our personal injury lawyers work with investigators who will question nearby residences and businesses to determine if they retained any video or images of the accident.

Normally, the car in the rear will have damage to its front, while the car in front will have damage to its rear. This type of evidence generally helps to show that the driver in the rear was responsible – but it can be countered by other evidence that brake-checking was the true cause of the rear-end accident.

In many cases, the testimony of the drivers, any passengers, and any drivers/passengers in other vehicles can help determine fault. Our lawyers are experienced in questioning drivers at depositions (oral questions answered under oath) and through interrogatories (written questions answered under oath). Additionally, it’s our practice to depose any witnesses that can explain how the accident occurred.

For example, we can examine evidence to determine whether either driver was distracted, speeding, intoxicated, or violating any traffic law. In some cases, there may be other factors that contribute to brake-checking. For example, a driver may legitimately brake if a pedestrian crosses their path or if there is a large pothole that the driver needs to avoid.

Often, brake-checking accident cases hinge on the credibility or lack of credibility of each driver.

Contributory negligence and brake-checking accidents

If the driver in front brake-checks because a driver in the rear is tailgating, then both drivers may be held partially responsible for the accident. In Georgia, a Plaintiff may still recover even if they are partially responsible for the accident. Note that you must be less than 50% at fault in order to recover damages. If you are found to be 50% or more responsible, you will be ineligible to recover. In a case where a Plaintiff’s percentage of fault is less than 50%, the damages award will be reduced by Plaintiff’s percentage of fault. For example, if the Plaintiff’s damages total $100,000 and the Plaintiff is 25% at fault and the Defendant is 75% at fault, the damages awarded to Plaintiff will be $75,000.

If a driver intentionally brake-checks to cause a rear-end collision, then anyone in the car in the rear that suffers injuries may seek punitive damages in addition to damages for their medical bills, lost income, pain and suffering, property damage, and other damages. Georgia typically limits punitive damages to $250,000, unless it can be shown that the brake-checking driver acted with the specific intent to cause harm or was under the influence of drugs or alcohol.

What types of injuries do brake-checking accidents cause

The injuries that drivers and passengers may suffer in a brake-checking accident are essentially the same as any injuries in a rear-end collision. These injuries include:

• Whiplash, neck, and other soft tissue injuries.
• Head injuries, including traumatic brain injuries and disk herniation.
• Spinal cord injuries, including paralysis.
• Fractures/broken bones.
• Nerve damage.

Our firm will work with your doctors to verify your injuries, determine the full range of treatments you need, show how these injuries affect your life, and determine the cost of your medical care. Many victims of rear-end collisions require long-term care with doctors and rehabilitative professionals. In some cases, victims may even require psychological care because of emotional trauma, anxiety or depression caused by intentional harm and road rage.

At Harris Lowry Manton LLP, we have 25 years of experience fighting for personal injury victims, including car accident victims. Our Atlanta and Savannah personal injury lawyers have secured some of the highest recoveries in Georgia. We’re respected by former clients, insurance companies, and legal rating agencies for our record of accomplishments. Our lawyers understand the unique challenges of handling brake-checking accident cases. Please call us or fill out our contact form to schedule a free consultation.