Is Brake Checking Illegal and What Are the Consequences?

Road rage incidents and aggressive driving are unfortunately common on New York City’s crowded streets. Among these aggressive behaviors, “brake checking” stands out as both dangerous and legally complex. But is brake checking illegal in New York? What are the consequences if you’re involved in such an incident? We can help you understand the legal landscape, liabilities, and injuries associated with this maneuver, and help offer guidance for drivers who find themselves facing this hazardous situation.

Is Break Checking Illegal in New York?

Brake checking, which involves abruptly hitting the brakes to force a following vehicle to slow down or create distance, is generally considered an aggressive driving tactic. While New York law does not explicitly name “brake checking” as a statutory offense, it falls under reckless or aggressive driving prohibitions.

Under New York Vehicle and Traffic Law § 1212, reckless driving is defined as operating a vehicle in a manner that unreasonably interferes with the free and proper use of the public highway or endangers users. This behavior can easily meet this standard, as it intentionally endangers other drivers and increases the likelihood of a collision. These types of maneuvers are viewed seriously by courts and can have substantial legal consequences.

What Does State Law Say?

Beyond city limits, this aggressive tactic is also unlawful throughout New York State. If a driver engages in sudden, deliberate braking and causes an accident, they may face criminal charges for reckless driving and potentially incur civil liability for any resulting damages or injuries.

In some cases, it may even be prosecuted under more serious criminal statutes, such as endangerment or assault, if the maneuver is deemed deliberate and designed to harm. According to New York’s no-fault insurance system, drivers must generally rely on their insurance for minor injuries. However, in severe cases involving serious injuries or reckless conduct, victims can step outside the no-fault system and file a personal injury lawsuit directly against the at-fault driver. You can learn more about New York car accident claims of all kinds on our New York City car accidents page.

How to Respond if You are Involved in an Accident

If you find yourself a victim of this dangerous behavior, your priority should be safety. Move to a safe area and call law enforcement immediately. Avoid confronting the other driver, as these encounters can escalate quickly.

Gather evidence at the scene, including photos and witness statements. Promptly report the incident to your insurance company and consult an attorney to protect your rights and determine if you have grounds for pursuing a claim against the aggressive driver. Specific steps should include:

• Check for injuries: Assess yourself and any passengers for injuries, and call emergency services immediately, even if injuries seem minor.
• Avoid confrontation: Refrain from engaging in arguments with the other driver. Emotions run high after brake-checking incidents, and staying calm helps protect you.
• Document the scene: Take detailed photos of vehicle damage, license plates, tire skid marks, and the surrounding area. Thorough evidence is essential.
• Gather witness information: If there are witnesses, collect their statements and contact details. Their accounts can support your version of events.
• Exchange information: After an officer arrives on the scene, share insurance and contact details with the other driver, but avoid admitting fault or discussing blame.
• Notify your insurance company: Report the collision as soon as possible, providing all documentation, including photos and dashcam footage if available.
• Consult a legal professional: Consider speaking with an attorney to understand your rights, especially since brake-checking cases often involve disputed liability.

Who Pays After a Rear-End Collision?

Many drivers assume that the trailing driver is always at fault in a rear-end collision. However, if the lead driver’s sudden braking was unreasonable or malicious, liability can shift.

New York courts assess fault based on comparative negligence, meaning both parties’ actions are evaluated to assign a percentage of liability to each party. If the lead driver’s actions are deemed reckless, they may bear full or partial responsibility for the collision. Nevertheless, the following driver should always maintain a safe distance to mitigate risk and strengthen their legal position.

Should You Ever Slam on the Brakes Intentionally?

While it may feel momentarily satisfying to “teach a lesson” to an aggressive tailgater, this tactic is never advisable. It significantly increases the risk of a collision and exposes you to legal and financial liability.

Instead, the safest and most lawful approach is to allow the tailgater to pass when possible and maintain calm, controlled driving. Deliberately braking not only compromises your safety but may also result in criminal charges, civil lawsuits, and higher insurance premiums.

Common Injuries from Sudden Stops

Incidents involving abrupt braking often lead to rear-end collisions, which can cause a range of injuries, from mild to severe. Common injuries include whiplash, traumatic brain injuries, spinal cord damage, fractures, and facial trauma.

Victims may require extensive medical treatment and rehabilitation, leading to costly bills and lost wages. Under New York law, if injuries meet the “serious injury threshold,” victims may pursue compensation beyond what is provided by no-fault insurance. Comprehensive legal guidance is crucial to navigate this process and secure fair compensation.

Understanding Liability

Determining fault in these cases is often a complex process. Investigations typically consider factors such as witness testimony, police reports, and patterns of vehicle damage.

Under New York’s comparative fault system, both drivers may share liability depending on their actions. A lead driver who suddenly brakes without a valid reason can be found largely or fully at fault if their behavior is considered reckless and the primary cause of the collision.

For example, if a driver intentionally slams on the brakes, causing a crash, they can be held responsible for resulting damages and injuries. However, if the following driver was speeding or distracted, their comparative negligence might reduce their ability to recover damages.

For additional information on your rights and potential claims following a car accident, you can also consult resources regarding the specifics of reckless driving to understand how these incidents are addressed under the law.

When to Seek Legal Support

Navigating the aftermath of a sudden stop-related accident in New York City can be daunting. Having experienced legal counsel can help protect your rights and clarify liability in these complicated situations. Seitelman Law Offices provides dedicated support to individuals injured in motor vehicle collisions, helping them pursue rightful compensation and understand their legal options.

Don’t let a sudden incident like a break checking collision cause unnecessary damage to your life and your finances. The choices you make after an accident can determine your future. Let us help.