Slamming on your brakes in front of another car in an effort to get the driver behind you to back off is dangerous. This is known as a “brake check” and is usually done with the intent of making the other driver swerve or take another evasive action. A brake check is different from tapping your brakes, which is actually a safe tactic to warn the driver behind you that you’re going to slow down.
With a brake check, you’re slowing down sharply. However, when you tap your brakes, you don’t slow down at all—you just touch the pedal enough to make your brake lights come on. People can get whiplash from being hit in the rear at speeds as low as 10 mph, and brake checking can easily lead to more serious crashes like pile-ups and rollovers.
Brake Checking Is Illegal
There are some rude driving behaviors that are not against the law, like flipping off another driver or honking at someone out of mere irritation. Brake checking, on the other hand, is not just rude; it is illegal. In Georgia, the penalties for doing a brake check on purpose include:
- Being arrested for reckless driving
- Being arrested for intentionally causing harm to another
- Being sued
- Getting a traffic ticket that could result in having your Georgia driver’s license revoked, being fined, or getting points on your driving record
Additionally, if you were to file an insurance claim stating that the driver behind you hit you through no fault of your own, you could be arrested for filing a fake insurance claim.
The Liability of Brake Checking
In most rear-end collisions, the driver who hits the car in front is usually considered at fault. However, if you brake check another driver, you could be held fully or partially responsible for the accident.
Georgia follows a “modified comparative negligence” system, which means fault isn’t always all-or-nothing. Unlike states where one party is either 100% or 0% liable, Georgia allows for shared responsibility. If you’re found to be 50% or more at fault, you can’t recover any damages. But if you’re less than 50% responsible, you can still recover—just with your compensation reduced by your percentage of fault.
The other aspect of liability to consider when brake checking is punitive damages. Because brake checking is an intentionally reckless act, a court can force you to pay beyond just your victim’s medical and vehicle expenses. Because of the deliberate nature of brake checking, a court can easily say your intent was to cause an accident, injuries, and property damage.
Can You Sue for Brake-Checking Car Accidents?
If you are the victim of a brake-checking accident, the main thing that would prevent you from suing is if you, too, were also driving unsafely. If you were tailgating, texting, or otherwise driving recklessly, a judge could find that you contributed to the crash. Taking from the example above, if you were found to be 25% liable, then, of a $100,000 judgment, you would receive 25% less ($75,000).
A Savannah auto accident attorney can help you consider the following questions with regard to your accident:
- Were you in any way negligent in contributing to the accident?
- Was the brake check done intentionally? Was there a legitimate hazard in front of the other driver?
- Did the brake checking happen more than once? Did it cause fear or intimidation?
An attorney can help you evaluate the circumstances of your crash, determine liability, and build a strong case.
How to Handle Tailgaters Safely
Remember that tailgating is also illegal. Rather than breaking the law in response to another driver breaking the law, simply change lanes and slow down to allow a bigger space cushion in front of you should you need to slow down or pull over and let the other driver pass. If you are being tailgated because you’re driving under the speed limit or not going with the flow of traffic, be aware that you can actually be at fault. Georgia does have a “slow poke” law requiring you to pull over if you’re impeding traffic.
If you were involved in a brake-checking accident in Savannah, don’t hesitate to contact a personal injury lawyer with any questions you may have or to learn your legal options.
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