When two people are driving along the road, one directly in front of the other, they must each be able to trust the other to operate within the requirements of the law. When one person fails to act and puts the other at risk of injury, that party could be held accountable for the resulting losses.
However, in a brake check accident, it can be hard to know who is at fault. Several factors must be considered to determine liability in a brake check accident, and a Newnan car accident attorney can assist with your claim.
The Brake Checker Is Often at Fault
In most situations, a person who engages in brake checking is making the decision to scare or try to cause injury to the other party. This is an intentional act and a violation of the law. When a person engages in brake checking, their objective is to create fear or cause an accident. It is often a way to punish the driver behind for following too closely.
Though laws differ, in Georgia, OCGA § 40-6-49 makes tailgating illegal. Tailgating is the act of following the person in front of you too closely. When tailgating occurs, it typically means there is too little room for the car to stop before striking the rear of the car it is following.
It is common for a driver to brake check the person behind them who is tailgating to get them to back away. However, brake checking is a type of aggressive driving and often a component of road rage. In short, that means you are putting the other person’s well-being at risk intentionally and will be held accountable for it.
What to Do If Someone Brake Checks You
If you are in an accident in which the driver in front of you brake checks you, you may be able to hold them accountable for the losses you have. The hard part in this process is proving what occurred. You may be able to use dash camera footage, for example, or witness statements to help you make a case for brake checking. The burden of proving this is on your shoulders, though.
What to Do in a Rear-End Accident
After a rear-end accident, you may be facing charges for lack of control over your vehicle and financial responsibility for the losses you cause to the other party. If you believe you were brake checked, and you can demonstrate that, you may be able to prove the other party was liable.
To do that, you will need to demonstrate that:
- The other driver was engaging in aggressive behavior.
- The driver’s action of brake checking you is proven through evidence of its occurrence.
- The driver’s action of brake-checking caused the accident and all related losses from it.
If you can prove road rage was occurring or that the driver was acting intentionally in any way, that could help to substantiate these claims and reduce or eliminate your fault in the accident.
Seek the Legal Guidance of an Attorney to Navigate Your Options
When you are facing an accident like this and liability is in question, it is essential to seek out a consultation with a personal injury attorney in Newnan to find out what your legal options are. You may not be liable for a brake check accident if you can prove the other party was at fault.