Car Accidents Caused By Brake Checking in Georgia

Aggressive driving is a major safety concern in Georgia, contributing to 1 in 5 traffic fatalities statewide. Over 80% of drivers admit to road rage or aggressive behavior on the road in the past year. Among the most dangerous of these behaviors is brake checking.

What Does Brake Checking Mean?

Brake checking occurs when a driver suddenly slams on their brakes to intimidate or retaliate against the vehicle behind them—usually in response to tailgating. The goal might be to "teach the other driver a lesson," but the result is often:

• A rear-end collision
• A vehicle swerving into another lane
• An escalated road rage situation

Brake checking not only puts both drivers at risk, but also endangers others nearby.

Is Brake Checking Legal in Georgia?

No. Brake checking is illegal and considered a form of aggressive driving under Georgia law (O.C.G.A. § 40-6-397). The law defines aggressive driving as operating a vehicle with the intent to:

“Annoy, harass, molest, intimidate, injure, or obstruct another person.”

Examples of aggressive driving include:

• Brake checking
• Tailgating
• Cutting off other drivers
• Blocking lane changes or exits
• Flashing headlights or honking repeatedly
• Weaving in and out of traffic
• Making obscene gestures

Brake checking may also qualify as reckless driving, which means operating a vehicle with willful disregard for safety. While reckless driving does not require intent, aggressive driving does—making it a more serious charge.

It’s possible to be charged with both offenses in the same incident.

Who Is At Fault for a Brake Checking Accident?

Brake checking crashes can be legally complex. While rear drivers are generally assumed to be at fault in rear-end collisions, the brake-checking driver’s actions can shift or share liability.

Key points:

• Brake checking is dangerous and illegal.
• Georgia uses a modified comparative negligence rule.
• You can recover damages if you are 49% or less at fault.
• Fault may be shared between both drivers.

What If There’s No Dash Cam?

Proving that the lead driver brake checked is difficult without video footage. In that case, eyewitness testimony becomes critical. Working with a skilled attorney can help you gather, preserve, and present evidence effectively.

Tips for Dealing With Aggressive Drivers in Georgia

If you encounter an aggressive or reckless driver:

• Stay calm—don’t escalate the situation.
• Avoid eye contact, gesturing, or confrontational behavior.
• Maintain a safe distance and drive defensively.
• Do not attempt to retaliate or brake check in return.

Common Triggers for Aggressive Driving (per NHTSA):

• Texting or distracted driving
• Driving slowly in the passing lane
• Tailgating
• Cutting others off

Avoiding these behaviors can reduce the chances of provoking aggression—and prevent accidents.

Hurt in a Brake Checking Crash? Kunnatha Lawson LLC Can Help

If you’ve been injured in a car accident caused by brake checking or aggressive driving, the legal team at Kunnatha Lawson LLC is ready to assist. We’ll investigate your case, determine liability, and pursue maximum compensation on your behalf.

Whether you were the rear driver or the victim of brake checking, we can help you build the strongest case possible under Georgia law.