Brake checking is illegal in most jurisdictions because it’s considered hostile and dangerous behavior. It occurs when a driver deliberately brakes hard in front of another vehicle, primarily to warn or intimidate the trailing driver. However, this behavior is considered aggressive and dangerous as it could result in severe accidents and legal consequences.
Keep reading to learn more about brake checking laws in Georgia, then call a car accident attorney in Atlanta for assistance.
What is brake checking?
Brake checking is a term used to describe a deliberate act by a driver to abruptly hit their brakes, causing the vehicle behind them to do the same to avoid a collision.
The intention behind brake checking is often to surprise or intimidate the following driver, sometimes in retaliation to perceived bad driving or tailgating. It’s a risky action that poses a considerable threat to road safety as it can lead to rear-end collisions, vehicular damage, personal injury, or even loss of life.
Is brake checking illegal in Georgia?
Brake checking is illegal in many states, and Georgia is no exception. Georgia traffic laws are quite clear in prohibiting dangerous driving behaviors such as brake checking.
Depending on the circumstances, brake checking may be classified as aggressive or reckless driving. Both are considered serious traffic offenses in the state. The intent to cause annoyance, harassment, or danger to other road users is taken very seriously under Georgia’s legal system.
What is the brake check law in Georgia?
Georgia law offers specific definitions for aggressive and reckless driving, which could cover brake-checking incidents. According to Georgia law, aggressive driving occurs when someone “operates any motor vehicle intending to annoy, harass, molest, intimidate, injure, or obstruct another person.”
Reckless driving, on the other hand, is driving a vehicle in reckless disregard for the safety of persons or property. These offenses can carry heavy penalties, demonstrating the seriousness with which Georgia views such dangerous driving practices.
What are the penalties for brake checking in Georgia?
The state of Georgia treats brake-checking incidents as severe offenses, classifying them under aggressive or reckless driving. If found guilty, drivers may face substantial fines, potential jail time, or both. Also, such incidents add points to the driver’s license.
Over time, accumulating points can result in higher insurance rates, and exceeding a certain threshold can even lead to a license suspension. The specific penalties can vary based on the severity of the incident, prior offenses, and other relevant factors.
What should I do if I’ve been involved in an accident due to brake checking in Georgia?
If you’ve been involved in an accident due to brake checking in Georgia, it’s crucial to ensure everyone’s safety and seek immediate medical help. Notify the police to report the incident, ensuring it’s officially documented.
Gather as much evidence as possible from the scene, including photographs, videos, and witness statements. Once immediate concerns are addressed, you should consider consulting with a car accident attorney, particularly if you’ve suffered injuries or significant vehicle damage.
How can an attorney help me if I’ve been brake checked?
If you’ve been brake checked and it has led to an accident, a car accident attorney in Atlanta can provide invaluable assistance. They can help you navigate the legal landscape, understand your rights, and explore your options. This might involve filing a police report, an insurance claim, or possibly initiating a personal injury lawsuit if you’ve sustained significant injuries.
A competent attorney with Rafi Law Firm can negotiate with insurance companies on your behalf, gather comprehensive evidence to bolster your case, and represent you in court proceedings if necessary. They ensure you are justly compensated for any physical, emotional, or property-related damages. Contact Rafi Law Firm or call (404) 800-9933 for a free consultation.
