Is It Illegal to Brake Check?

When the car in front of you suddenly slams on its brakes, you may instinctively try to stop your vehicle or swerve out of the way to avoid a collision. Brake checking is illegal across most of the US and is generally considered dangerous or reckless driving behavior. This is because brake checking dramatically increases the risk of catastrophic injury or death.

You might be eligible for financial compensation if you've suffered injuries in a brake checking accident. Our dedicated car accident lawyers from The Smith Law Center have over 75 years of experience and have recovered over $1 billion in trial verdicts and settlements. Our experienced attorneys can help you build a strong case against the driver responsible for your injuries.

Let us help you get through these difficult times. Fill out our secured contact form or call our office at (757) 244-7000 to schedule your free consultation as soon as today. Our team is ready to fight for your rights and help you get the justice you deserve.

What Is Brake Checking? 

You may need a lawyer after a car accident if your collision was caused by brake checking. In fact, according to Consumer Affairs’ 2024 Road Rage Statistics, brake checking is a common occurrence in road rage incidents and is one of the leading causes of intersection accidents and rear-end accidents. 

In most states, brake checking is an illegal type of negligent or aggressive driving, which can create dangerous driving conditions for not only the following driver and the aggressive driver but also other motorists on the roadways.

Brake checking occurs when one driver pulls in front of another, only to suddenly slam on their brakes. It is usually done to scare or intimidate the following driver. It is almost always in your best interest to move out of the way and allow aggressive drivers to pass you. By driving defensively, you may be able to reduce the likelihood of a catastrophic injury or death.

Aggressive Brake Checking Can Lead to Serious Collisions 

Brake checking is one of the most common types of aggressive driving. When someone slams on their brakes while driving in front of another vehicle, it can significantly increase the likelihood of a collision. The driver may collide with the rear of the leading vehicle or trigger a multi-car collision while attempting to swerve out of the way.

If you are involved in an accident caused by brake checking, we will seek valuable evidence to prove the aggressive driver is responsible for the accident. We will use all footage and photos from the accident scene and even witness testimony to prove fault for the collision. Be prepared for the aggressive driver to blame you for the accident.

Every state handles shared liability differently. Some states with pure contributory negligence laws will prohibit you from receiving a settlement if you are even remotely responsible for causing the accident.

However, several states do not cap the blame you can carry. You could be up to 99% at fault and still receive compensation for your damages. These states follow pure comparative negligence laws.

Our team will contest the defendant's claims of partial fault and vigorously pursue the total compensation you may be eligible for. 

Is Brake Checking Illegal in Every State?

While most states consider brake checking to be reckless driving, there are a couple that do not have explicit statutes making brake checking illegal. 

If someone quickly slows down or stops their vehicle in front of you they could be considered an aggressive driver. Aggressive driving is also considered negligent driving and could leave the brake checking driver open to liability for damages. 

Although rear-end collisions are often caused by the following driver, in brake checking situations, the vehicle that brake checked you may be found culpable for your collision and resulting damages. In states where brake checking is illegal, the driver could not only be held accountable for losses but face criminal charges or traffic citations. 

With help from The Smith Law Center, you may be able to make the at-fault party pay. Contact our office by phone at (757) 244-7000 or through our quick contact form to take action on your case as soon as today.

Is It Illegal to Brake Check a Tailgater?

Tailgating, or following too closely, can create dangerous driving situations for both the leading and following cars. The leading driver often feels anxious or pressured, mainly when the tailgater drives aggressively. While it may be tempting to brake check a tailgater to force them to back off, this response is never a safe or legal solution.

Oftentimes, drivers who tailgate are impatient or experiencing road rage. They are more likely to change lanes without warning or signaling or stop suddenly. You might think brake checking them would cause them to back off, but this could actually instigate the road rage incident even more. 

For this reason, you should never brake check a tailgater. Instead, at your first opportunity, move over to the right lane so they can pass by you. It is better to drive defensively and avoid aggressive drivers wherever possible.

If Someone Brake Checks You, Who Is at Fault?

In addition to practicing defensive driving, there are other steps you can take to ensure tailgaters are held accountable for their negligent actions. First, if you notice the driver is engaging in dangerous driving practices, it may be a good idea to call law enforcement officials and report their aggressive driving. Police may give you the option of filing a report, even if there has not been a collision. 

If you’ve been involved in a brake checking collision, there are several steps you can take to protect your rights and establish fault:

• Report the accident: Notify law enforcement immediately if injuries or significant property damage occur. A police report can document important details about the incident.
• Gather evidence: Collect photos of the accident scene, vehicle damage, and any visible injuries. Witness statements and dashcam footage can also strengthen your case.
• Seek legal representation: An experienced attorney can help you prove the other driver’s negligence and fight against any claims that you were at fault.

If a tailgater is responsible for causing your collision, you may have the right to file a civil lawsuit against them or a claim against their insurance policy. Sometimes, both options allow you to maximize your financial compensation.

Is It Illegal to Brake Check to Commit Insurance Fraud?

Fraudsters often make significant errors following a car accident. They believe that if they brake check and cause another driver to crash into the back of their vehicle, they can gain money from an insurance settlement or personal injury lawsuit.

However, this is considered insurance fraud under 18 U.S.C. § 1033 and could lead to charges.

How to Prove Brake Checking

Proving brake checking can be difficult. Anyone who witnessed a car accident involving brake checking may be willing to come forward and testify on your behalf. However, if we can use dash cam footage or traffic camera video to verify how the collision occurred, this could dramatically impact your case's outcome. 

We can also use medical records to prove brake checking occurred, as these types of accidents are known to cause certain types of injuries more often than others.

For example, suppose you are experiencing PTSD after a car accident caused by an aggressive driver. In that case, we may be able to establish that brake checking is responsible for your PTSD and other injuries through compelling medical records and other pieces of evidence.

Who Can Be Held Accountable for Your Damages in a Brake Check Accident?

Your brake check accident could involve multiple parties despite the apparent simplicity of liability. 

You may be able to recover compensation for damages from the liable driver and their insurance company if their negligence caused the collision. You can pursue a personal injury lawsuit against the at-fault party to recover any damages not covered by your insurance claim.

Compensation You Could Recover in Your Brake Check Accident Claim

You might be eligible for complete compensation if a crash results from brake checking. This includes both economic and non-economic damages. Collectively, these will encompass all financial, emotional, physical, and psychological damages, which can include:

• Pain and suffering
• Emotional trauma
• Reduced quality of life
• The diminished value of your car
• Disfigurement and skin scarring
• Reputational damage
• Auto repair costs
• Insurance premium increases
• Loss of income
• Medical devices and equipment
• Loss of household services
• Loss of consortium
• Diminished earning potential
• Rental car expenses

In cases where the defendant's conduct is grossly negligent, malicious, or intentionally harmful, you may receive punitive damages. Your legal advocate will review these aspects of your claim for you.

Put Your Trust in The Smith Law Center

Is brake checking illegal? In many cases, yes. Brake checking is not only against the law but also demonstrates how little respect some drivers have for others on the roadways.

When operating a motor vehicle, all drivers should do everything possible to operate their vehicles as safely as possible. Unfortunately, you may need to drive defensively if you hope to protect yourself from debilitating injury or death.

If your life was turned upside down after a brake check accident, our highly experienced car accident attorneys with The Smith Law Center could help you through these difficult times.

Put our 75+ years of trial experience to work for you and your family. Complete our secured contact form or call our office at (757) 244-7000 to schedule your no-cost, risk-free consultation as soon as today.