When was the last time a driver cut you off, or was tailing you a little too closely? We’ve all been there and it’s frustrating, no doubt. But stooping to their level with aggressive behavior like brake checking doesn’t solve anything. It can escalate the situation, lead to dangerous consequences, and even land you in legal trouble.
Brake checking is, in fact, illegal in Illinois. Here we’ll go over the legality of brake checking, its consequences, and what to do if you’ve been in a crash caused by it.
What Is Brake Checking?
Brake checking is when a driver intentionally and suddenly uses their brakes to stop a car from tailgating them. The idea is that the sudden stop will get them to back off a bit and show how reckless their behavior is. However, the outcome is often the opposite, further enraging the tailgating car and potentially leading to further confrontation. In many cases, it leads to an accident, causing damage and injury to the offending parties and/or those around them.
Is Brake Checking Illegal in Illinois?
Yes, brake checking is illegal in Illinois and all 50 states, for that matter because it’s a form of aggressive driving. Aggressive driving in general contributes to nearly 56% of fatal traffic crashes. In the State of Illinois, road rage behaviors of all kinds are illegal, stating that “a person who intentionally and with malice drives his or her vehicle in such an unlawful manner as to endanger the bodily safety or property of another driver, bicyclist, or pedestrian commits road rage.”
Legal Consequences of Brake Checking
The consequences of brake checking ultimately depend on the outcome. According to law, “Penalty is a Class A misdemeanor. If the violation results in great bodily harm or permanent disfigurement to another, the offense is aggravated road rage and the penalty is a Class 4 felony. . .” meaning that the offending party could receive a hefty prison sentence in addition to a personal injury lawsuit.
Brake checking has the potential to cause rear-end collisions and even multi-car pileups, if the tailgater swerves into others to avoid the brake check. Ultimately, if someone is tailgating you, ignore them or move to another lane. Getting one over on them isn’t worth the dangers that it poses to yourself and other drivers on the road.
What to Do if You’re a Victim of Brake Checking
If you’ve been brake checked, the following advice is critical:
- Stay calm
- Avoid retaliation/escalation
- Maintain a safe distance from the driver
- Report dangerous drivers to authorities if necessary
Can You Pursue a Personal Injury Claim After a Brake Checking Incident?
Here’s what to do if if you are involved in this type of collision:
- Seek medical attention, first and foremost, if necessary
- Document EVERYTHING — photos/videos of damage, witness testimony, police reports, etc.
- Report the driver to police
- Avoid escalating the situation
- Speak with an experienced personal injury attorney
An attorney will help you gather all evidence, establish fault, and ultimately seek compensation for medical bills, vehicle repairs, lost wages, and more.
Check Yourself, Not Your Brakes
Ultimately, brake checking is aggressive driving and carries legal punishments in the event of a crash. If you’ve been a victim of a brake checker, get in touch to find out how much money you’re entitled to.
I have over 25 years of experience handling car and truck accident injuries. I dedicate myself to each and every one of my clients, and have secured settlements that help victims recover and move forward in peace, comfort, and with dignity. Significant bodily harm, disabilities, lost wages, medical debt, and other out-of-pocket costs are just the tip of the iceberg if you’ve been in an accident. Let me help you find justice and recover damages to cover these expenses and more.
