No, brake checking is NOT legal in the state of Illinois. This kind of aggressive driving can put drivers at risk of a rear end collision causing severe injury or death. Victims of this type of car accident may be entitled to compensation for their damages if they have been involved in a brake-checking related accident.
If you have been injured as a result of other driver’s illegal brake checking, The Kryder Law Group, LLC Accident and Injury Lawyers is here to help. An experienced car accident attorney from our firm will review the details of your case and provide guidance as to how best to proceed with seeking financial compensation. Call today.
In this Article
What is Brake Checking?
Brake checking is a form of aggressive driving that occurs when one driver who intentionally brakes harshly in order to cause the other driver in the car behind them to stop or slow down. This act is illegal in Illinois and can lead to major accidents involving serious injury or death.
Chicago Road Rage and Brake Checking Accidents
Road rage is a serious problem on roads in Chicago and throughout Illinois. When drivers get angry and lash out, they risk causing devastating accidents that can leave victims with serious injuries or fatalities. One of the most dangerous forms of aggressive driving is brake checking, which is when a driver applies their brakes suddenly with the intention of forcing someone tailgating to stop or slow down.
Illinois law holds those who “intentionally drives his or her vehicle in such a manner as to endanger the bodily safety or property of another driver … commits road rage.” Since the act of brake checking is intentional and endangers other driver, this statute makes brake checking illegal in Illinois. Even if you were driving too closely and were injured when the other driver brake checked you, there is a chance you are still eligible to seek compensation.
Hurt in an Accident? Get Compensated
This kind of reckless driving behavior is illegal in Illinois, yet still occurs routinely on our streets and highways. Those involved in a car accident due to brake checking may be entitled to compensation for their damages, including medical bills, lost wages, pain and suffering, property damage, and more.
What Is Tailgating?
Tailgating is another aggressive driving tactic, and it occurs when one vehicle follows too closely behind a driver in front of another. Tailgating can create dangerous situations on the road, as drivers are not given enough time to react if something were to go wrong.
Drivers in Illinois must follow at a safe distance so that they have ample room to stop or maneuver their vehicles if necessary. If you or a loved one have been injured due to tailgating, The Kryder Law Group, LLC Accident and Injury Lawyers can help you navigate the legal landscape and seek fair compensation.
How is a Brake Check Different from a Brake Test?
Brake checking is an illegal driving practice typically done intentionally to scare or annoy another driver, while brake testing is done for the purpose of assessing a car’s braking ability. Brake checking involves slamming on the brakes suddenly and without warning in order to make the driver behind stop abruptly.
Brake testing, on the other hand, is done when drivers press lightly on their brakes as they approach an intersection or turn in order to test how quickly their vehicles will come to a stop.
Why Do Drivers Brake Check?
Often, drivers brake check in irritation or as retribution for another driver’s perceived wrongdoing or to retaliate against a tailgating driver. This dangerous maneuver can result in severe injuries and serious accidents, so it should be avoided at all costs.
Brake checking is also used to harass other drivers, force them off the road, or force them to change lanes.
If you are an accident victim caused by a road rage incident, an experienced attorney from The Kryder Law Group, LLC Accident and Injury Lawyers is here to help.
Brake Checking a Tailgater
Sometimes, a driver may be tempted to brake suddenly to check a driver behind us who is tailgating. This action can be extremely dangerous and should not be done under any circumstances. Even if the other driver is driving recklessly or aggressively, it is not acceptable to retaliate by brake checking them. Doing so can result in serious injury or even death, and you could face legal penalties if caught.
Instead of taking matters into your own hands, call the police to report the dangerous driving to prevent an auto accident.
What to Do If the Driver Behind You Is Tailgating
If someone is driving too close behind you, do not brake check them. Instead, take steps to protect yourself and other drivers on the road from a car crash:
Try to pull over if it is safe to do so, or
Signal for them to pass.
If necessary, call the police for assistance in getting the tailgater off of the road.
Remember that although tailgating can be annoying and dangerous, taking matters into your own hands is never a good idea and could put everyone at risk of a rear end accident.
Who Is at Fault in Brake Check Accidents?
If you have been involved in an auto accident caused by someone brake checking, the the fault for the accident can be shared by the person brake checking and the person tailgating. The act of brake checking is illegal in Illinois and can be considered reckless driving if the person has prior knowledge that their actions could result in harm or injury.
If you were the rear driver and have been injured due to someone else’s negligence, a personal injury attorney from The Kryder Law Group, LLC Accident and Injury Lawyers is here to help.
How to Prove a Driver Engaged in Brake Checking
Proving that someone brake checked another motor vehicle can be difficult. It’s important to collect as much evidence as possible at the scene of an accident in order to determine fault for the accident.
Evidence in a brake check car accident claim can include:
Photos,
Footage from a dash cam,
Witness statements,
Videos from nearby surveillance cameras if available, and
Police reports.
What Should I Do If Road Rage Caused an Accident?
If you or someone you know has been involved in a brake check accident, it is important to take the following steps:
Seek medical attention immediately if necessary.
Collect as much evidence at the scene of the accident as possible, including footage from dash cams, photos, and witness contact information.
Get information from the other driver including their insurance company information.
Contact law enforcement and file a police report.
Do not admit fault before speaking with a personal injury attorney.
Follow up with medical treatment and keep all documentation related to your injuries and expenses incurred due to them.
Contact The Kryder Law Group, LLC Accident and Injury Lawyers for a free consultation to discuss your legal options and rights to compensation.
What Compensation Could I Receive in a Brake Check Accident?
If you have been rear ended in an accident caused by a reckless driver brake checking, you may be entitled to compensation for your injuries and related expenses such as medical bills, lost wages, and other damages related to the accident.
Schedule Your Free Consultation Today.
We understand how difficult it can be after you or a loved one has been the victim of a brake checking accident. Contact The Kryder Law Group, LLC Accident and Injury Lawyers today for a free consultation. We represent people seriously injured in car accidents in Chicago and throughout Illinois.
June 30th, 2023
(312) 223-1700 