May 9, 2025
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Reading Time: 4 min
Driving in heavy traffic or dealing with impatient drivers can be challenging, sometimes leading to dangerous driving behaviors that put everyone at risk. One example is a move known as “brake checking.”
If you were injured in a brake-checking accident or have questions about your rights, we’re here to help. Fill out our online form today to schedule a free case consultation.
What Is Brake Checking?
Brake checking is when a driver suddenly hits their brakes to force the driver behind them to slow down. This usually occurs when someone feels they are being followed too closely, although it can also be done out of frustration or to send a warning to another driver.
While the person who is brake checking may believe they are protecting themselves or teaching the other driver a lesson, the reality is that this behavior is extremely dangerous. A sudden and unexpected stop can easily cause a rear-end collision, especially in heavy traffic or at high speeds. Brake checking not only puts both drivers at risk but can also lead to multi-vehicle accidents.
Is Brake Checking Illegal in New York?
Brake checking is not directly named in New York’s traffic laws. However, it can be considered reckless driving under Section 1212 of the New York Vehicle and Traffic Law.
Reckless driving means operating a car in a way that interferes with the proper use of the road or endangers other people. Brake checking often does both, which means a driver could be ticketed, fined, or even face criminal charges if they cause a crash by doing it. Law enforcement looks closely at actions that show a disregard for safety, and brake checking often falls into that category.
Can You Sue Someone for Brake Checking?
In most cases, the driver who crashes into the rear of another vehicle is considered at fault for the accident. This is because drivers are required to maintain a safe following distance to prevent collisions. However, there are some instances in which the front driver is found liable for the crash.
If you were hurt in a crash because another driver brake-checked you, you may be able to file a personal injury claim. A claim can help you recover money for:
- Medical bills
- Lost wages
- Pain and suffering
- Car repairs
Proving that brake checking caused the accident can be difficult. That’s why it’s important to collect as much evidence as possible, like dashcam footage, photos, witness statements, and the police report.
Why Brake Checking Is So Dangerous
Even if it feels like an easy way to “get back” at a tailgater, brake checking is never the right choice.
Brake checking leaves the driver very little time to react, which can easily cause a rear-end crash. It can also trigger chain-reaction accidents, especially on busy roads with lots of traffic. In many cases, brake checking leads to serious injuries or even worse outcomes.
Some of the most common injuries from brake-checking accidents include:
- Fractures
- Facial injuries
- Whiplash
- Back and neck injuries
- Traumatic brain injuries
If someone is following you too closely, the safest move is to stay calm. Try to maintain a steady speed and, if you can do so, move over to let them pass.
What Should You Do If You Were in a Brake-Checking Accident?
If you think brake checking caused your accident, here’s what you should do:
- Call the police: Inform the police of the accident, and if a police report is written, ask for a copy.
- Get medical attention: Even if your injuries are minor, you should still seek medical attention. Sometimes injuries show up later.
- Gather evidence: Save dashcam footage, take photos, and write down everything you remember.
- Get witness information: If anyone else saw how the accident happened, ask for their contact information.
- Talk to an attorney: A lawyer can help protect your rights and explain your options.
How Cellino Law Can Help
At our firm, we know how confusing and overwhelming a car accident can be, especially when it was caused by someone else’s reckless behavior. You deserve someone who will listen and guide you through your options.
If you were injured in a brake-checking accident, fill out our online form or call us at 888-888-8888 to schedule your free consultation with Cellino Law. We’re ready to stand by your side every step of the way.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.