Is it illegal to brake check? Yes, brake checking is illegal in New York and can be considered reckless driving, aggressive driving, or even assault, depending on the circumstances. Brake checking, which refers to intentionally slamming on your brakes to startle or punish the driver behind you, is dangerous and unpredictable. It can even cause serious rear-end collisions.
Many drivers think brake checking is a way to deal with tailgaters, but the law sees it differently. It creates an unnecessary risk to everyone on the road and can result in both criminal charges and civil liability.
Working with a Long Island car accident lawyer can help injured drivers understand their rights, prove reckless behavior, and hold the responsible party accountable after this kind of crash.
How We Hold Brake-Checkers Accountable
At Levine And Wiss, we’ve handled many rear-end collision cases where brake checking was a factor. Often, the at-fault driver tries to shift the blame to the vehicle behind them. However, when a driver deliberately creates a hazard by braking without cause, they may be held liable for the crash, even in a rear-end scenario.
We gather dash cam footage, witness statements, vehicle damage analysis, and data from onboard systems to determine whether a driver acted intentionally. In some cases, we bring in accident reconstruction experts to show how much time the trailing driver had to react and how quickly the leading driver stopped.
Brake checking is often part of a larger pattern of aggressive driving. It may occur alongside tailgating, lane weaving, or sudden stops. These behaviors collectively help us establish fault and build a stronger case for compensation.
What the Law Says About Brake Checking in New York
Although the term doesn’t appear in New York’s Vehicle and Traffic Law, several existing statutes make it clear that brake checking is illegal in NY:
- VTL § 1212 – Reckless Driving: Defines reckless driving as behavior that interferes with the safe use of public roads or endangers others
- VTL § 1120 – Driving on the Right Side of the Road: Can apply when brake checking involves swerving or erratic lane use
- VTL § 1180 – Speed and Stopping: Prohibits stopping in a way that creates a hazard unless absolutely necessary
In more extreme cases, brake checking could result in charges for reckless endangerment or assault, especially if someone is injured. These legal violations strengthen personal injury claims when someone is harmed due to another driver’s deliberate actions.
Why Brake Checking is So Dangerous
Brake checking often leads to high-speed collisions, especially on highways or congested roads. In just a second or two, traffic can go from normal flow to a multi-car pileup. Common outcomes include:
- Rear–end collisions that cause neck, back, or head injuries
- Chain–reaction crashes involving multiple vehicles
- Dangerous swerving that forces drivers into other lanes or off the road
- Increased road rage and retaliation, escalating an already unsafe situation
In each of these cases, brake checking was a catalyst for something far more serious than just slamming the brakes.
Click to contact our personal injury lawyers today
Proving a Brake-Checking Injury Case
These cases often come down to proving that the other driver’s actions were intentional or considered reckless driving. We use a range of evidence to make that argument, including:
- Dash cam footage or traffic camera recordings
- Electronic data from both vehicles showing speed and braking patterns
- Eyewitness statements describing what happened
- Police reports that note signs of aggressive driving
When combined, this information can create a clear picture of what occurred and why the other driver should be held liable.
What to Do if You’re Rear-Ended by a Brake-Checking Driver
If you believe brake checking caused your crash, take the following steps:
- Call the police and request a detailed accident report.
- Get medical attention immediately, even for minor symptoms.
- Take photos of both vehicles, road conditions, and surroundings.
- Ask nearby drivers or passengers if they saw what happened.
- Avoid discussing fault or confronting the other driver.
- Contact an attorney who understands how to handle aggressive driving cases.
The sooner you take action, the easier it is to secure critical evidence and protect your claim.
Contact Our Team Today if You’ve Been Hurt Due to Illegal Brake Checking in New York
Brake checking is reckless and illegal in New York. If another driver caused your crash by hitting the brakes on purpose, they should be held accountable. You have the right to pursue compensation for your injuries, lost wages, medical expenses, and pain and suffering.
At Levine And Wiss, we’ve helped thousands of injured drivers recover what they’re owed. With more than 100 years of combined experience, we know how to prove liability, challenge unfair claims, and negotiate for full and fair compensation.
Contact us today for a free consultation. You don’t pay anything unless we win. Let us help you move forward after a crash caused by someone else’s dangerous behavior.
