Stephen R. Hasner
Managing Partner at Hasner Law PC
March 27, 2023

We live in a fast-paced world, where attention spans are getting shorter by the minute. People want to get where they’re going in a hurry and often engage in aggressive driving and road rage to achieve this goal. This may result in speeding, tailgating, or illegally passing other drivers. 

It’s usually best to let a tailgating vehicle pass you by moving into another lane or pulling over. Instead, many drivers brake check and cause rear-end accidents and other collisions. 

What is the Point of Brake Checking?

Have you ever had someone driving behind you too closely, right up on the rear of your car? This is called tailgating, and it’s against the law in Georgia and most other states. Although it’s irritating to have this happen to you, most reasonable drivers will put their blinker on, switch lanes, and let the car pass. 

Others, however, may not be so reasonable. These drivers then hit their brakes, basically saying “back off” to the driver behind them. This is called brake checking, and it’s considered a form of aggressive driving that is illegal in Georgia.  

Why do drivers do it? One reason is to get back at the tailgating driver and to get them to stop riding so close to them. 

Another reason people brake check is to cause an accident intentionally. Some people try to cause accidents to recover compensation in an insurance settlement or a lawsuit. This is illegal behavior, but it can be difficult to prove fraudulent intent without the help of a lawyer.  

Brake Checking Can Be Dangerous

By brake checking and stopping short, the leading car can easily cause an accident. 

Many different scenarios could occur, including:

  • The rear driver might swerve out of the way and hit other cars
  • The rear driver could rear-end the car that hit the brakes and cause severe damage
  • Instead of swerving into other cars, the rear driver could swerve off the road entirely and hit a pedestrian

None of these are good consequences. If you are in an accident where you think someone was brake-checking you, contact an experienced car accident attorney to help you prove your case.

The Rear-Ender Isn’t Always At Fault

Most people think that the driver who rear-ends another car will always be at fault for liability purposes. This isn’t necessarily the case, as brake checking shows. 

The problem for the rear driver will be proving that an accident was caused by brake checking. Piecing together exactly what happened is a challenging task that will probably require the help of an accident attorney. 

An experienced lawyer will help you find any witnesses who saw the accident. They will obtain video or photographic evidence of the accident, like footage from traffic cameras. And they will get a copy of the police report and any accident reports that were filed to see if they provide any useful information. 

What to Do If You’re Involved in a Brake Checking Accident

If you have been in an accident that may have involved brake checking, be sure to say nothing that could be held against you as far as proving fault is concerned. Let the investigation of the accident and its facts determine who was at fault. 

Don’t apologize to anyone or give your comments or observations about what may or may not have happened. Do not give a statement – and certainly not a recorded statement – to an insurance company. Lastly, consider getting yourself a seasoned car accident lawyer.

Consult a Personal Injury Attorney for Help After a Car Accident Caused By Brake Checking in Georgia 

Traffic in Georgia’s big cities can be brutal. Sometimes drivers lose their cool and drive more aggressively than they should. If involved in a tailgating or brake checking accident, you’ll want an experienced lawyer on your side to help make your case.  

Contact the Atlanta Car Accident Lawyers at Hasner Law, P.C. For Help

For more information, please contact the Atlanta car accident law firm of Hasner Law P.C. at our nearest location to schedule a free consultation today.

We serve in Fulton County, Chatham County, and its surrounding areas:

Hasner Law PC – Atlanta Law Office
2839 Paces Ferry Rd SE #1050
Atlanta, GA 30339
(678) 888-4878

Hasner Law PC – Savannah Law Office
221 W York St
Savannah, GA 31401
(912) 234-2334

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.