Is Brake Checking Legal or Illegal? Dangers & Consequences

Have you ever felt frustrated and angry when driving behind someone following too closely? That annoying tailgater who won’t get off your bumper, no matter how hard you tap the brakes to send them a message. The urge to slam on the brakes as payback can be strong. But is brake checking legal or illegal?
Brake Checking is Considered Illegal and Extremely Dangerous
While brake checking may seem like sweet revenge against aggressive tailgaters, it’s almost always illegal and increases the risk of severe collisions. Intentionally hitting the brakes to shock or retaliate against other drivers violates reckless driving laws. Both criminal and civil penalties often apply after brake checking wrecks.
This in-depth guide examines why drivers brake check, the legal consequences they face, and how to safely deal with tailgaters on the road. We’ll cover:
- Defining brake checking and typical motivations
- Laws against reckless and negligent driving behaviors
- Liability and fault after brake checking accidents
- Penalties like fines, jail time, and license suspension
- Tips for responsible driving when confronted by tailgaters
- Seeking compensation if injured by a brake checker’s negligence
Understanding the serious legal risks of brake checking can help motivate safer driving decisions. Education and defensive reactions beat retaliation.
What is Brake Checking Exactly?
Brake checking refers to abruptly and deliberately hitting the brakes while driving in front of another vehicle. This forces the rear driver to react quickly to avoid crashing into the brake checking car in front.
Reasons drivers might brake check include:
Startling Tailgating Drivers
Brake checks often target drivers who follow too closely or tailgate. Rather than gradually slow down, the brake checker aggressively slams the brakes. This is meant to shock tailgaters and force them to back off.
Aggressive Driving and Road Rage
Brake checking can act as retaliation during road rage confrontations. One driver may brake check another they feel has cut them off or wronged them in some driving dispute. The abrupt stop startles and intimidates the other driver.
Insurance Fraud
Rarely, brake checking is used to stage crashes for fraudulent insurance claims. By abruptly stopping, the brake checker attempts to cause the driver behind them to run into their car. Fault for damages can then be claimed by the brake checker against the victim’s insurance.
While different motivations exist, all brake checking involves dangerously cutting off other motorists by braking suddenly without need. The practice intimidates others and too often causes collisions.
Brake Checking Qualifies as Reckless Driving

Laws in all 50 states prohibit reckless driving behaviors that deliberately endanger people’s safety. Brake checking clearly violates these statutes. Statutes related to negligent and aggressive driving may also apply.
Reckless Driving Laws Apply
By intentionally initiating abrupt braking to shock and retaliate against other drivers, brake checkers show blatant disregard for safety. Their actions can directly lead to crashes and qualify as reckless under the law.
Rear-End Collision Risks
The sudden stops often don’t give trailing drivers proper time to react defensively. This leads to rear-end collisions, one of the most common and dangerous accident types. Brake check initiated wrecks predictably cause vehicle damages and injuries.
Punishments for reckless driving offenses vary by state but often include:
- Points against the brake checker’s license
- Fines ranging from ~$200 to over $1,000
- Driver’s license suspension
- Possible jail sentence, if the incident led to extensive injuries or death
Insurance rate increases also frequently result after brake checking incidents.
Brake Checkers Often Share Accident Liability
Another misconception is that trailing drivers are always liable for rear-end crashes. Brake checking incidents complicate matters of fault and liability.
Comparative Negligence Rules Decide
Under comparative negligence rules in most states, liability for damages gets divided based on each party’s determined percentage of fault. So both the brake checker and rear driver’s actions face scrutiny.
Even if the trailing driver holds some blame for tailgating or distraction, the brake checker initiated the dangerous situation and often shoulders over 50% responsibility. Their insurance can then be forced to pay accident victims for injuries and vehicle repairs.
Using Evidence to Prove Brake Checking Occurred
The abrupt, unjustified stop makes brake checking negligence obvious in some cases. However, brake checkers rarely admit their intent, and it often becomes one driver’s word against the other’s.
Video footage from dash cams or surrounding cameras can provide definitive proof. Some drivers even capture and publish brake checking incidents they encounter to shame such aggression.
Eyewitness accounts, statements given to responding police, driving histories showing patterns of aggression, and forensic accident reconstructions may also help establish fault with the brake checker.
An experienced personal injury attorney knows how to gather and present such evidence to prove brake checking liability for any resulting harms.
Penalties Beyond Liability Usually Apply to Brake Checkers

Beyond potential criminal charges under reckless driving laws, brake checkers open themselves to civil liability through negligence claims. Their insurance company can be made to pay injured victims’ monetary compensation.
Aggravating Factors Bring Harsher Charges
If the brake check action was proven extremely threatening or directly caused a collision with serious injuries or death, prosecutors often press additional charges for aggravated reckless driving. In such cases, brake checkers may face license revocation, thousands in fines, and years in jail.
Insurance companies also respond with higher premiums or dropped coverage after policyholders cause wrecks through intentional brake checking. Too many points for infractions like reckless driving can make finding affordable coverage difficult.
Overall, brake check stunts rarely benefit the drivers performing them. They accomplish little beyond endangering others and opening themselves to steep legal and financial consequences.
Safely Dealing With Tailgaters
While brake checking endangers everyone, tailgaters do present real risks on congested roads. Managing them properly remains important for defensive drivers.
Allow Tailgaters to Pass When Possible
Avoid escalating frustration by facilitating aggressive drivers to continue on their way. Slow down cautiously or change lanes when safe to let tailgaters proceed.
Never Retaliate or Encourage Further Aggression
Avoid potentially road rage sparking reactions. Keep calm, even if a tailgater follows dangerously close or exhibits gestures. Adding to hostility may cause the situation to spiral out of control quickly.
By taking reasonable efforts to disengage and de-escalate with unreasonable tailgaters first, brake checking can be prevented. Drivers focused solely on safely reaching their own destination must not enable reckless behavior by others. Defensive driving fundamentals apply.
Essential Next Actions After a Brake Checking Crash

If you encounter an aggressive driver who does brake check suddenly, an accident may still result even when tailing reasonably. Staying calm and collecting helpful evidence then proves critical.
Seek Any Needed Medical Care First
Ensure injuries get promptly evaluated after accidents, including potential whiplash or head trauma. Adrenaline can hide pain that comes out later if untreated. Err on the side of caution always with post-crash health checks.
Gather Statements and Contact Info From Witnesses
Unbiased eyewitnesses to aggressive brake checking drivers prove invaluable for showing fault later. The view and memory clarity of bystanding drivers or passengers holds significant evidentiary weight.
Call the Police and Retain Any Accident Reports or Documentation
Official documentation by responding officers, like the accident report filed, provides concrete references to help dispute unfair liability claims. Photographing all car damage and injuries at the scene also ensures critical permanent records.
Consult an Experienced Personal Injury Lawyer About Legal Options
An attorney well-versed in car accident claims can immediately advise on the best path toward maximum compensation. They know how to bring negligent brake checkers fully to justice civilly through aggressive negotiation and litigation practices aimed at forcing fair settlements. Injured victims deserve strong advocacy and payback.
Brake Checking Clearly Violates the Rules of the Road
In summary, brake checking crosses bounds of safe defensive driving and exposes perpetrators to legal jeopardy. Reckless endangerment of others prompts severe criminal and financial consequences in most cases. Even when targeting truly unreasonable tailgaters, brake checking cannot be justified.
The hazards and lack of positive outcomes from brake checking make clear it should be avoided always. Maintaining control by skiing the prescribed legal limits serves all drivers best in the long run. Making roads safer for everyone takes cooperation, not retaliation. We must share the responsibility.
So next time you glance back to see a pesky tailgater tempting frustration, take a deep breath and make no sudden moves. Their close presence requires extra caution from you, not hazardous reactions. You know now to steer clear of the dangers caused by brake checking aggressors. Lead by smart, safe example instead.