The driver who brake checks another vehicle may be at fault for a crash if they suddenly slow down or stop without a valid reason. However, the driver behind them may also share responsibility if they were following too closely or not paying attention.
In New York, the law allows fault to be divided between drivers based on their actions. Levine And Wiss can help determine who is at fault if someone brake checks you and how the other driver’s actions may affect your right to compensation.
Our Long Island car accident lawyer can gather evidence, speak with witnesses, and handle the insurance company investigating your damages claim. We can also help you seek damages for your medical bills, lost income, and other losses.
How Fault Is Determined After a Brake Checking Accident
A driver may brake check another motorist by hitting the brakes without a traffic-related reason, often to scare the person following behind. To establish fault, it is important to consider what each driver was doing in the moments before the collision.
New York has traffic rules that may help determine which driver was responsible:
- Following distance: Vehicle and Traffic Law § 1129(a) requires drivers to maintain a reasonable and safe distance from the vehicle ahead.
- Sudden stops: Vehicle and Traffic Law § 1163(c) addresses signaling before stopping or suddenly slowing down when there is opportunity to signal.
A driver may need to brake suddenly because of traffic, a pedestrian, or another danger. This differs from deliberately hitting the brakes to scare another driver.
Levine And Wiss can look into what happened before the collision and determine whether either driver violated the traffic rules.
Why the Rear Driver Is Not Always Responsible
A rear-end collision does not automatically mean the driver in the back is entirely at fault. Although drivers must leave enough space to stop safely, the actions of the driver ahead also matter.
For example, someone traveling on the Long Island Expressway may suddenly slam on their brakes without a traffic-related reason. If the driver behind them cannot stop in time, an attorney from Levine And Wiss may need to look at the actions of both drivers.
Evidence That Can Help Show Someone Was Brake Checking
Proving brake checking can be difficult because the other driver may claim they stopped for a legitimate reason. Evidence can help explain what led to the crash.
Our in-house investigators at Levine And Wiss can look for:
- Dashcam footage: Video showing sudden braking, traffic conditions, or the driver’s behavior
- Witness statements: Accounts from people who saw the crash.
- Police reports: Details recorded by the Nassau County Police Department, Suffolk County Police Department, or another responding agency.
- Vehicle damage: The location and extent of damage to the vehicles involved in the crash.
- Traffic cameras: Available footage from nearby roads or intersections.
- Crash scene photographs: Pictures of skid marks, road conditions, and vehicle positions.
If your crash happened on the Southern State Parkway or Northern State Parkway, identifying the exact location may help your attorney find relevant records.
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How Shared Fault Affects Compensation in New York
New York follows a modified comparative negligence rule for car accident injury claims. For car accident injury lawsuits filed on or after May 26, 2026, CPLR § 1411(b) allows you to recover compensation only if your share of fault is not greater than the other driver’s. This means you may still be able to recover damages for a brake checking accident as long as you are 50% or less at fault.
Under New York Civil Practice Law and Rules § 1411, your percentage of fault reduces your compensation award. If your damages total $100,000 and you are found 20% responsible, your award would be reduced to $80,000.
A Levine And Wiss attorney will look at the evidence and respond when an insurance company tries to assign you more fault than the facts support.
Damages You May Recover After a Collision
A brake checking accident can cause injuries ranging from minor cuts and bruises to broken bones, neck and back injuries, whiplash, and head trauma. The compensation you may receive depends on the severity of your injuries and how they affect your daily life.
Depending on your circumstances, you may recover damages for:
- Medical care, therapy, and ongoing treatment costs
- Income lost while recovering from your injuries
- Physical pain and emotional distress
- Other accident-related expenses
New York’s No-Fault insurance system generally covers medical expenses and lost earnings, regardless of who caused the collision, up to the amount your policy allows.
To seek compensation for pain and suffering, you generally must meet the state’s serious injury threshold as defined in New York Insurance Law § 5102(d). Levine And Wiss can review your injuries, healthcare expenses, and other losses to determine what damages may be available to you.
Negotiating a Settlement After a Brake Checking Crash
An insurance company may offer less than you expect if it believes you share responsibility for the crash or questions the seriousness of your injuries. It may also dispute whether the other driver braked suddenly without a valid reason.
Levine And Wiss will gather medical records, document your lost wages, and use evidence from the crash to support your demand for compensation.
Before accepting an offer, consider whether it covers your current medical expenses, future treatment, lost income, and other losses. Once you accept a final settlement and sign a release, you generally cannot seek additional compensation for the same claim.
How Our Lawyers Handle Brake Checking Accident Claims
Our Long Island personal injury lawyer can protect your interests when an insurance company disputes your claim or will not offer fair compensation. Levine And Wiss has over 100 years of combined experience.
As our case results show, our firm has also recovered millions for people injured in motor vehicle accidents, including a $4.6 million award. Past results do not guarantee future outcomes.
Our attorneys handle cases from beginning to end, giving you a consistent point of contact throughout the legal process.
Personalized Legal Support From Start to Finish
We also work with medical and economic experts when more information is needed to show how an injury has affected your life. Our team believes clients should reach their attorneys when they have questions.
You can communicate directly with our attorneys by phone or text, so you can ask questions and stay informed about your case. We are also prepared to go to trial when a fair settlement cannot be reached.
Learn more about our attorneys and their commitment to clients on our About Us page.
Time Limits for Filing an Injury Lawsuit in New York
Most New York personal injury lawsuits involving brake checking accidents must be filed within three years of the crash, according to NY CPLR § 214(5). Other deadlines may apply to your case.
For example, wrongful death lawsuits generally have a two-year deadline from the date of death. Claims involving certain government entities may require much earlier notice. Levine And Wiss can identify the deadlines that apply to your case and help you take action before time runs out.
Brake Checking Accident FAQs
Drivers may have concerns about their legal rights, insurance coverage, and the steps to take following a collision. Levine And Wiss addresses some of these concerns below.
Is Brake Checking Illegal in New York?
Brake checking may violate traffic rules when a driver slows down or stops in a dangerous manner on purpose. However, sudden braking is not always illegal. Drivers may need to stop quickly to avoid traffic, pedestrians, or other hazards.
Can You Sue Someone for Brake Checking You?
You may be able to sue a driver who brake checks you if their actions cause a crash and you suffer qualifying injuries. Insurance Law § 5104 generally requires a serious injury to pursue pain and suffering damages in covered motor vehicle cases.
What Should You Do After Someone Brake Checks You?
If someone brake checks you and causes a collision, check for injuries, call 911 when needed, and seek medical care. Take photographs, exchange insurance information, and save any dashcam footage.
Levine And Wiss can help you identify other evidence that may support your claim.
Does No-Fault Insurance Cover Brake Checking Accidents?
New York’s No-Fault insurance generally covers certain medical bills and lost earnings, regardless of who caused the crash.
In New York, basic No-Fault insurance provides up to $50,000 per person for certain medical bills, lost wages, and other expenses. You may also have grounds for a separate injury claim, depending on the extent of your injuries.
Talk to Us Today About Damages in a Brake Checking Accident
Determining who is at fault in an accident caused by brake checking can be difficult when drivers give different accounts of what happened. You deserve to have your side of the story heard and the evidence carefully reviewed.
Our team is available 24/7, and we offer free consultations by phone, virtually, or in person. Contact Levine And Wiss today to discuss your accident and learn how we can help. There is no attorney’s fee unless we recover compensation for you.
