Is it OK to brake check a GA driver if they are following too closely? What the law says
If you’ve experienced tailgating on the road, you’re not alone.
Tailgating is not only frustrating and distracting, it is dangerous, so is there anything you can you do to stop it? Can you quickly brake check the tailgater to see if they’ll stop?
Here’s what Georgia law says about pumping the brakes intentionally on the road:
What is brake checking?
According to Hawk Law Group in Augusta, “Brake checking is when the front driver quickly and aggressively presses on their brakes out of nowhere. Drivers often brake check to scare or shock the drivers behind them.”
However, this is simply not a good idea to do in Georgia.
Is brake checking legal?
Brake checking in Georgia is illegal because it fits the description of aggressive or reckless driving.
Georgia Personal Injury Attorneys at Butler Prather said that “Regardless of why a driver brake checks the person behind them, it is illegal and dangerous. Under Georgia law, aggressive driving is considered a serious traffic offense.”
“A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.”
Reckless driving could also be in question, as the law states: “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”
The very act of brake checking could cause a collision or accident of some sort, making the situation much worse than it began.
Hawk Law Group also explained that brake checking is illegal because the law “requires drivers to maintain reasonable following distances and prohibits actions that create unnecessary hazards on the roadway.”
Can brake checking land you in jail?
If you do end up brake checking and it causes an accident, it may be difficult to prove you did it intentionally. However, if there was dash cam footage, surveillance footage or eyewitnesses, you may end up in trouble. Here are some penalties for brake checking:
Someone convicted of reckless driving will be guilty of a misdemeanor and either pay a fine of up to $1,000 or face jail time.
If you cause an accident resulting in serious injury or death, you could face prison for aggravated assault charges or vehicular homicide.
So, what can you do if someone is tailgating you?
By any means, don’t encourage the behavior or escalate the situation. Instead, safely pull over or turn into a nearby business and let the tailgater move along.
Here are some additional tips from the lawyers at Bowen Painter in Savannah, Georgia:
To prevent brake check accidents, maintain a safe following distance between you and the car in front of you.
Stay calm and focused on the road.
Be aware of your surroundings and use defensive driving techniques like predicting risks and avoiding potential road rage situations.
What other questions do you have? Let me know at cmadden@mcclatchy.com
