Being involved in a brake checking accident can be a perilous situation. Augusta car accident lawyers handle several accident claims. Many of these collisions are caused by the negligence of one or multiple parties. However, in some cases, crashes can occur when drivers are trying to avoid a driving problem. An example would be brake check accidents. Brake checking is one way drivers try to avoid tailgating.
Indeed, this method is sometimes well-intentioned. However, it can cause devastating collisions and injuries. A brake check accident also complicates the issue of fault and damages. Therefore, it’ll be best to hire an Augusta car accident lawyer after such a crash. An excellent attorney can help you recover damages for your losses from the collision.
What Are Brake Checking Accidents?
Brake checking often occurs when drivers suddenly slam their brakes. This action usually scares or forces a rear driver into slowing down. Furthermore, brake checking could be used to make a tailgater back off. By slamming the brakes, the rear driver is expected to swerve to avoid a collision. Unfortunately, a brake check can catch the rear driver off guard.
If the driver doesn’t then immediately react, they may become accident victims. Notably, though, brake checking is also known as brake testing. Drivers who do this do so intentionally. However, they most likely didn’t intend to cause an accident, but their actions are still reckless. This recklessness will work against them on issues of liability.
Is Brake Checking Legal?
No, brake checking is an illegal activity that every driver should avoid. It’s essentially a form of aggressive driving that endangers other road users. Moreover, this action could hurt even the driver that commits the brake check. Indeed, tailgating is a bad driving habit. Reducing the space between two vehicles minimizes both their opportunities to react to unforeseen circumstances.
However, there are other ways to shake off a tailgate. For example, you can always move out of the way. This allows the driver behind to overtake you. So, suppose you choose to perform a brake check. Then, you’ll be legally responsible for the consequences of this action. It doesn’t matter that you felt that you had justification for a brake test.
Who Is Liable for Augusta Brake Checking Accidents?
Georgia is a fault-based accident state. This means that the responsible party bears the crash losses. So, you must determine liability after an Augusta brake checking collision. It’s this liable party that then pays damages to the other party. Again, brake checking often results in rear-end accidents. Sadly, though, rear drivers are mostly blamed for rear-end collisions.
They bear this blame because they should keep a safe distance from the front driver. However, brake check crashes are different. This is because the front driver intentionally slammed their brakes. This intentional action worsened an already dangerous situation. So, the brake checker may be wholly responsible for the collision.
In some cases, too, both drivers may share the blame. However, in this case, the rear driver would only get a portion of their damages. This is thanks to Georgia’s comparative negligence rule. This principle reduces the plaintiff’s compensation according to their percentage of fault.
Proving Brake Checking Accidents
It’s noteworthy that recovering damages in Augusta brake checking accidents can be challenging. This is because you may have to prove that the other driver intentionally slammed the brakes. But you weren’t inside the other vehicle. So, you can’t authoritatively explain what happened.
You thus have to depend on accident evidence to establish your claim. Relevant evidence, in this case, would include:
Eyewitness Testimony
Eyewitnesses testimony can help gauge the fault driver’s mindset when they slammed the brakes. So, it’s crucial to gather witnesses’ contact information. This way, you can quickly call upon them to testify.
Video Evidence
CCTV cameras and other footage can also show whether the brake check was an intentional action. You can get such evidence from CCTV cameras on the streets and surrounding buildings.
Dash Cam Evidence
Dashcam footage can also come in handy here. This is because dash cams record both the inside and outside occurrences. So, a dash cam can capture the driver’s behavior before brake checking. This would include their speech and other actions. Such actions can also show whether the driver acted intentionally.
Augusta Car Accident Lawyers Can Help You!
Have you survived a brake-checking accident in Augusta? Then, you may be eligible for compensation. First, however, you need the best Augusta car accident attorneys. At Ted A. Greve & Associates, you can get excellent legal representation. Our lawyers can establish the brake checker’s liability. Furthermore, we have an excellent track record of winning cases with large settlements. So, it’ll be best to call us today for a FREE consultation.
