During brake testing or mostly known as brake checking, you slam on your brakes sharply while driving along with another vehicle so that the unsuspecting car will slam on their brakes as well or swerve out of the way so that you will not cause an accident. Insurance companies consider the fault driver when they can’t react in time to an emergency because of their lack of space.
What is brake checking?
A brake check is an illegal act of slamming on your brakes suddenly while in front of another motor vehicle. There are several reasons why drivers brake check. All of them aim to provoke some emotion in the driver they are checking. The rear driver is sometimes blamed for the crash because they drive too close to the front vehicle. Some people may dislike this habit, but to address it through brake checking will only cause bodily injury and damage.
However, a brake check is a reckless driving practice. Tailgaters should never stop suddenly and without reason, even though it may be annoying.
What is the point of brake checking?
When a driver suddenly slams on the brakes without reason – such as when stopped at a red light or an obstacle – they may be committing brake checking. It is common for drivers to brake check to communicate their closeness to the vehicle behind them. If other drivers follow too closely, you can brake check as a warning to show the potential problem. Most often, the driver behind is forced to leave more distance.
When driving in these circumstances, brake checking is not the usual dangerous practice method. Pass the driver who is tailgating you by switching lanes calmly. It would help if you did not put yourself at risk by braking checking a driver you are following who is speeding, tailgating, or aggressive driving tactic. Blink when you are safe to do so, and move out of the way of the other driver. You should ignore the driver until you have a chance to change lanes if you are on a two-lane road. Drive around the driver until you are safe on the side of the road if you feel in danger.
Who is at fault when brake checking?
Brake checking is the main form of road rage. Teenagers sometimes use dangerous maneuver like brake check their friends just for fun, causing serious accidents. Both situations involve intentional driver brake checks, which can be used to determine whether a driver is at fault. It is unlikely that either driver would hold any percentage of fault in a legal setting, although this may gain some leverage. Taking actions that are motivated by anger or malice or taking specific negligent actions can make you liable.
According to your circumstances, you might be responsible for more blame than the other party, depending on driving aggressively during the accident. Hiring an auto accident lawyer is the best way to seek justice when injured in an accident by brake checking.
However, merely filing a crash lawsuit for a particular case does not guarantee that the case will be tried before a jury. A large number of car accidents are settled long before a jury trial ever takes place. Settlements can be reached at any stage of the lawsuit process.
How to prove brake checking?
It isn’t easy to maintain solid evidence that a vehicle brake checked you without a dash cams. As a physical record of what happened, video footage is the most reliable method of proof. Witness statements provide an unbiased witness account of your personal injury claim, making them the second most viable method of support. The drivers’ claims are unsupported by any other form of evidence outside of these external verification methods.
The common causes of brake checking accidents
Brake checking is the most common cause of rear-end collisions in cars. The motor vehicle behind the lead car occasionally can’t properly stop due to spontaneous brake application by the lead car. It is more likely for this dangerous maneuver to lead to rear-end collisions in low-visibility conditions or situations with other road hazards. The vehicle’s passengers being brake checked can suffer serious injuries in rear-end crashes regardless of the circumstances.
Do brake checks affect accident claims?
The rear driver gets blamed in every rear-end accident. It is a common misconception. As a matter of fact, either driver could be at fault in these situations, especially if this aggressive driving habit was involved. In Georgia, brake checking is illegal as it is considered a road rage incident. Drivers who operate their vehicles recklessly are usually at fault in accidents.
These cases can be difficult to prove, however. You or a loved one might need an auto accident attorney as soon as possible if they were involved in a vehicle accident caused by brake checking. Attorneys can:
- Ask eyewitnesses whether they saw the brake testing incident
- If the brake check was captured on camera or video, obtain a copy
- Examine police reports and accident reports
Georgia does not allow brake checking. Those who deliberately slam on their brakes in the event of an accident can be found liable for any severe injuries they cause. If a driver causes a traffic accident or is injured by reckless driving, an accident report must be filed with the Georgia Department of Motor Vehicles (DMV).
For help after a car accident, contact our Georgia injury law firm.
In the event of a brake checking wreck, what should you do?
There are certain steps following a brake check car accident that you take to protect your legal rights. Documentation, video evidence collection, and personal safety are all possible with these steps. There is no need to panic if you cannot follow these steps all at once. If you are hurt after a crash, contact an Atlanta personal injury lawyer.
Here are a few steps you can take after a brake check accident:
- Avoid shouting and remain calm. Road rage and driver disputes are frequently involved in brake tests accidents. Maintain calm and rational communication with the other driver.
- Get in touch with law enforcement. Be sure you and the other drivers are not injured. Even if the crash is minor, call 911. In case of injury, call an ambulance. Don’t forget to document what the police hear when they arrive.
- It would help if you did not admit fault. The reckless driver should not be talked to about fault. Your insurance companies and the police will investigate the accident to determine fault, so both of you do not have to admit blame.
- Make sure you gather all the information you can. Contact information and names should be exchanged with the other driver. As soon as you can, start writing down your description of the crash. Then take pictures and ask eyewitnesses for their names. Make sure that you record the police report number, as well.
- The hospital is the best place to go. It would help if you visited an Atlanta hospital without delay before thinking about filing a car insurance claim. Get a copy of all relevant medical records and follow the prescribed treatment plan.
Conclusion
However, your injuries may be serious enough that you need to hold the other driver liable through a personal injury lawsuit. To file a claim, call your insurance company. Avoid giving a recorded statement or accepting a fast settlement. It is possible to prove negligence attributable to the brake checker. However, if you are injured by a brake check, the at-fault driver can be sued for damages by the accident victim of the brake checking situation.
Getting legal advice before settling your Georgia car accident claim will help you in the long run. Liability disputes resulting from brake checking accidents can be complicated. It is important to have an experienced car accident lawyer who can advocate for you, protect your rights, file a car accident lawsuit, and help you achieve the best result possible. Contact us immediately to discuss the consequences of a brake checking accident.
New content below – delete this line before publishing
We’ve all been there before – you got distracted momentarily by the radio or your phone before looking up to see the car in front of you has stopped. At that point, you have no choice but to slam on your brakes as well.
This type of behavior is pretty common, but it’s not safe. Slamming on your brakes can easily cause an accident if the car behind you does not have enough time to stop. Of course, in the scenario above, the motorist didn’t have much of a choice after making the mistake of getting distracted behind the wheel. What’s even worse, though, is that some motorists use brake checking, or slamming on their brakes unexpectedly, as a punishment, game, or insurance scam.
If you’ve ever been on the receiving end of an unfair brake test, then it’s good to know your options. Learn everything you need to know about this unsafe driving practice, how it can lead to an accident, and what to do if you experience a brake check-induced crash below.
What is Brake Checking?
A brake test or brake check happens when a motorist either slams on their brakes suddenly or taps on their brakes repeatedly to slow down, stop, and go. While some brake tests occur as a result of driver inattention and negligence, they can also happen for more malicious reasons.
Either way, brake checking can be extremely dangerous if another car is following closely behind the person who commits the brake check. It can also be dangerous for all vehicles around the brake checker, as most drivers will do their best to avoid someone committing this all-too-common driving behavior.
Why Do People Check their Brakes?
So, what would make a motorist decide to suddenly test their brakes? The number one cause of a brake check is tailgating. Tailgating happens when one car is traveling along and then another motorist comes behind them. Instead of keeping their distance, this second vehicle drives as closely to the bumper of the car in front of them as possible.
Tailgating is very dangerous because it creates anxiety in the driver getting tailgated. Recent studies show that 95% of drivers who are getting tailgated will change lanes or act in response to the intimidation tactic.
The car in front might test their brakes in order to convince the car behind them to stop tailgating. Unfortunately, this will only make the situation worse. It might also lead to a collision if the following car can’t stop in time.
Another reason someone might check their brakes is because they were not paying attention to the traffic in front of them. Sometimes, a driver will get distracted, fatigued, or otherwise not realize that the cars in front of them have stopped. When that happens, they can unintentionally slam on their brakes in an attempt to avoid an accident. Unfortunately, that will force all the traffic behind them to also slam on their brakes, too.
A brake test can also happen as a result of recklessness. Sometimes, drivers will check their brakes as a game or in jest to their friends. While they might not think these tricks can cause an accident, they can.
Finally, brake checking can happen as a part of an insurance scam. Since most rear-end collisions are the fault of the following car, a driver might intentionally check their brakes in an attempt to get you to hit them so they can file an insurance claim and blame everything on you.
Checking Your Brakes: Does it Equal Fault if an Accident Happens?
Typically, when a rear-end crash happens, fault is attributed to the driver who was in the following vehicle. The reason for this is because the following driver is often able to avoid a collision by leaving enough space between them and the car in front of them. Following this logic, the majority of rear-end collisions are the fault of the following driver.
Accidents that are caused by a brake test, however, are more complicated. In these situations, fault is not automatically attributed to the driver in the back. An investigation will ensue to determine whether the brake test action was intentional, whether the checking caused the accident, and whether the following driver had time to stop to prevent the accident.
In Georgia, checking your brakes is considered a reckless driving offense, so often the brake checker is held legally liable and financially responsible for any accidents that result from their behavior. Your own driving actions could impact that ruling, though, especially if you were driving aggressively, too.
Can You Prove Someone Checked their Brakes?
While it’s true that a brake checker is often found legally liable in accident claims, it can be very challenging to prove someone checked their brakes. If it’s possible, then try to seek out the following types of evidence to help prove someone checked their brakes and caused your crash:
• Dash cam footage
• Nearby surveillance camera footage
• Eyewitness statements
• Proof based on the damage on both vehicles
Some of this evidence will be time sensitive, so it’s important to get proof as soon as possible. For instance, dash cam footage and surveillance camera footage will likely get overwritten and erased if it’s not sought out within a few days.
If a driver causes a traffic accident or is injured by reckless driving, an accident report must be filed with the Georgia Department of Motor Vehicles (DMV).
Common Causes of Brake Checking Accidents
The main reason these types of accidents happen is because the following driver doesn’t have enough time to stop when the leading vehicle slams on their brakes. In other words, these accidents often happen because there isn’t enough space between the two cars.
How Brake Checking Could Impact Your Accident Claim
The state of Georgia doesn’t allow brake checks or tests, so if it’s determined that such behavior caused your crash, then you may be able to file a claim for compensation. For help, contact our Georgia injury law firm.
Before you do that, though, you’ll want to report your accident with the Georgia Department of Motor Vehicles if you haven’t done so already. This step won’t be necessary if you call the police to file a report at the scene of the accident.
Steps to Take if You Get Brake Checked into an Accident
If you were involved in a car crash in Georgia that resulted in substantial losses, then it makes the most sense to contact an Atlanta personal injury lawyer to learn more about your next steps. Doing so will help ensure that any action you take will benefit your claim.
If the accident just occurred, then here’s what you should do:
- Avoid shouting and remain calm. Road rage and driver disputes are frequently involved in brake tests accidents. Maintain calm and rational communication with the other driver.
- Get in touch with law enforcement. Be sure you and the other drivers are not injured. Even if the crash is minor, call 911. In case of injury, call an ambulance. Don’t forget to document what the police hear when they arrive.
- It would help if you did not admit fault. The reckless driver should not be talked to about fault. Your insurance companies and the police will investigate the accident to determine fault, so both of you do not have to admit blame.
- Make sure you gather all the information you can. Contact information and names should be exchanged with the other driver. As soon as you can, start writing down your description of the crash. Then take pictures and ask eyewitnesses for their names. Make sure that you record the police report number, as well.
- The hospital is the best place to go. It would help if you visited an Atlanta hospital without delay before thinking about filing a car insurance claim. Get a copy of all relevant medical records and follow the prescribed treatment plan.
If you follow these steps, then you’ll be in a good position to move forward with a potential claim.
Have You Experienced an Accident in Georgia?
Sometimes, brake checking happens as a result of driver negligence and inattention. More often than not, though, brake checks are used as an aggressive driving tactic.
Remember – every driver has a legal obligation to provide for the care and safety of other drivers on the road. That means road rage tactics like checking brakes is considered a breach of that duty of care. In legal terms, this type of driving behavior is considered negligence, and negligence can lead to a lawsuit.
If you believe your recent car accident was caused by a brake test, then you could have legal recourse. To determine whether you have a claim or not and whether it’s worth pursuing, it makes the most sense to consult with a lawyer.
If your accident was in Georgia, then we want to hear from you. Contact an experienced car accident lawyer today, and get started on resolving your accident situation for good.
