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Car Accidents Caused By Brake Checking in Georgia

June 11, 2024Car Accident

Brake checking is a dangerous practice that can easily lead to a car accident. It frequently occurs on highways at great speeds, which increases the odds of a severe injury. Victims of brake-checking accidents typically have the right to pursue various damages.

What Is Brake Checking?

Brake checking occurs when a driver applies the brake forcefully to send the car behind them a message. Typically, that message is one of disapproval about an action committed by the driver behind them.

Consider a driver who cuts off another driver on the highway. As a response, the driver who was cut off might speed up and pass the driver who cut them off. When in front of them, the “wronged” driver might initiate a brake check to show their disapproval.

Common Types of Car Accidents Caused By Brake Checking

As you might imagine, rear-end collisions are one of the most common types of auto accidents caused by brake checking. If a driver performs a brake check too close to a vehicle to the rear, a rear-end crash is all but inevitable. 

A brake check can also lead to other types of accidents, including:

  • Side Swipe Accidents: The driver behind might swerve into another lane and hit a vehicle after a brake check
  • Head-On Collisions: A brake check might cause either driver to veer to the left into oncoming traffic
  • Pile-Ups: If multiple vehicles are around during a brake check, a pile-up might occur

In every case, brake-checking accidents can cause catastrophic injuries and death, especially when a motorcycle is involved. Sadly, brake-check accidents are 100% avoidable, yet they still occur because some drivers choose to be reckless to prove a point. 

Is Brake Checking Illegal in Georgia?

Yes. Brake checking is illegal in Georgia. The law explicitly states that drivers must allow sufficient space between their car and other cars to allow another vehicle to safely enter that allotted space. Brake checking takes place when two vehicles are too close for another vehicle to safely maneuver into the space between them. 

Suing After a Brake Check Accident Injury

There comes a time when you simply have to hold someone accountable for their actions, especially when they cause injury or damage. If you have been harmed by brake checking, a personal injury lawyer will advocate for proper damages for your losses from any and all parties responsible for your injuries. 

Proof of Liability

Rear-end collisions are quite common, which can make proving you were the victim of a brake-check accident difficult without hard evidence. 

The two most powerful types of evidence in these cases are:

  • Video footage
  • Witness testimony

Both are susceptible to the ravages of time. While you should always take time to recover from your injuries, don’t take too long of a break. Checking for some of these types of information should be done as soon as possible. 

Video footage is not kept around forever. Many businesses and government agencies that capture traffic footage delete footage after a certain period of time as a matter of routine. 

Regarding witness testimony, the sooner it is taken and memorialized, the better. Most understand the effects of time on witness recollection and trust fresh testimony over testimony gathered much later on. 

Proving liability in brake-check accident cases requires swift action due to the types of evidence necessary. As soon as you hire a personal injury attorney, they will be able to immediately seek to collect crucial evidence in your case, including video footage and witness statements. 

Insurance Negotiations

Insurance companies covering brake-check accidents want to limit their liability from the get-go. 

These companies will do what they can to:

  • Convince the accident victim to take less in damages
  • Deny the victim’s claim
  • Cast doubt on the seriousness of the victim’s injuries
  • Blame the victim

These actions are understandable when you consider the fact that insurance companies are not on your side. They are for-profit businesses with the goal of making profits. The more they pay you, the lower the profits. 

In brake-check accident cases, insurance companies are well aware of how difficult it can be to prove that the driver in front performed a brake check. Without solid evidence, many of these cases experience significant trouble. 

However, even with solid evidence, you need an experienced professional representing you — one who knows how insurance companies operate.

After a thorough investigation and preparation, an experienced Georgia personal injury attorney will build a formidable case and fiercely negotiate with insurers on your behalf. Unless an insurance company’s settlement offer truly addresses your losses, your lawyer will counsel you to reject it for a proper amount.


In some cases, insurance companies simply refuse to pay, in which case the victim’s attorney files a personal injury lawsuit to compel payment. Before any trial, however, there will be various stages of litigation. During this stage, a settlement might be reached. 

Your attorney will engage in various tasks to prepare for trial, including:

  • Discovery to exchange evidence
  • Depositions to gather witness testimony
  • Accident recreations with expert witnesses
  • Continuing negotiations to attempt to reach a settlement

Although most auto accident cases end in settlement, a few do make it to trial. As the trial unfolds, the parties may agree to a settlement before a verdict is reached. 

Obtaining Justice After a Georgia Brake-Checking Accident

Brake checking is illegal in Georgia and one of the most dangerous actions a driver can perform. Even when a driver has the higher moral and legal ground (they were driving safely and responsibly but the other driver was not), there is no right to brake check another individual. Doing so is a traffic violation that is usually seen as reckless behavior.

If you have been injured by a brake checker, regardless of why they brake-checked you, you could be entitled to damages. Don’t hesitate to contact an experienced Georgia personal injury lawyer for information about getting justice through compensation. 

Contact an Augusta Personal Injury Lawyer at Nicholson Revell Personal Injury Attorneys Today

For more information, please contact our Atlanta personal injury lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.

We proudly serve Augusta, GA, and its surrounding areas:

Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784