Brake Checking Accidents in Chicago, IL


A rear-end collision is the cause of so many vehicle accidents in the United States. According to the National Highway Transportation Safety Administration, rear-end crashes account for 29 percent of all automobile accidents, making them the most prevalent. You may assume that if you collide with another car while driving behind them, you are immediately at blame, but this isn’t always the case. A significant portion of these car accidents result from brake checking. Many people ask us, “Is brake checking illegal?”

At Curcio & Casciato, we understand the ins and outs of Illinois traffic laws. That’s why we’ll provide you with the right Chicago car accident attorney to fit your case needs. Under Illinois law, even if you rear-ended another vehicle, you are not automatically at fault. With the help of a Chicago personal injury attorney, we’ll work with you to prove that the other driver acted negligently. To schedule a free consultation with an attorney, please call our Chicago office at 312-321-1111 today.

What is Brake Checking?

Brake checking is a technique in which a motorist deliberately applies the brakes, prompting the next driver to brake or take evasive action as well. It usually occurs as a result of road rage or aggressive driving, and it is not a legal driving technique. It might also be a way to defraud insurance companies. You may be able to hold someone accountable for your losses if they caused your automobile accident by brake checking.

Common injuries associated with brake check accidents include but aren’t limited to :

Is Brake Checking Illegal in Illinois?

Because brake checking is a form of aggressive or negligent driving, it is an illegal action. While tailgating is an unpleasant and unlawful practice, it is always preferable to pull over and let the other car pass rather than brake check them. A brake check, once again, raises your chances of getting involved in a rear-end collision. 

What’s worse, you may be held responsible for the accident. Because Illinois is a comparative fault state, you may be able to get compensation for your injuries even if you share part of the blame for an accident. However, you should consult with an attorney beforehand, as your proportion of fault is crucial. In Illinois, you can still seek reimbursement from the other motorist if you are less than 51 percent at fault for an accident.

Can You Brake Check a Tailgater?

Never break check another driver.  If someone is following you, try changing lanes. If you can’t change lanes, maintain your speed and, when it’s safe to do so, change lanes or exit the road altogether. In the case of an accident, there are aggressive drivers, and there are drivers who are prone to attack. It’s not worth it to stop someone who is eager or ready to fight or assault because of an accident they don’t believe they caused.

Additionally, you may be held liable for the accident. The only reasons people have for brake checking are that they were upset or trying to commit insurance fraud. Neither of these reasons are acceptable. In a comparative fault state, brake checkers could very well end up paying for part of the damages if they drove recklessly.

How Do I Prove Brake Checking After an Accident?

Video footage of the other driver’s behavior can be one of the most powerful types of evidence of brake checks. There are numerous methods to establish that the other motorist was at blame (or at least somewhat at fault) for the collision that harmed you, whether evidence comes from a dash cam, a passenger, an eyewitness, or another source.

How Do I Deal with Tailgaters?

Allowing tailgaters the option to pass is the safest way to deal with them. You may wish to notify law enforcement if a tailgater is following you too closely.

You should continue to drive lawfully and make only consistent and purposeful moves when being followed by a tailgater. If necessary, pull over to the side of the road, but do not brake check or participate in aggressive conduct that may irritate the other motorist.

Who Is at Fault in a Car Accident Involving Brake Checking?

The majority of brake-checking accidents are caused by road rage. It’s very common for young drivers to brake check their pals to taunt or joke with them, resulting in a severe crash. Brake checking might result in catastrophic injuries owing to their inexperience and immaturity.

Brake checking is always done on purpose, regardless of the situation. This makes it simple to determine who was at responsibility when the accident occurred. Although it may appear to be a simple matter in terms of the law, the guilt might still lie on any of the drivers.

The circumstances surrounding the vehicle collision play a significant influence in establishing who is to blame. Were you both driving erratically? If you are involved in a vehicle accident, one of the first things you should do is contact an experienced Chicago car accident lawyer.

What To Do If Brake Checking or Road Rage Caused an Accident?

You might be wondering who is to blame in a collision caused by brake checking. In most situations, the individual who rear-ended the other motorist is held responsible. Since it is your job as a driver to maintain a safe gap between you and the car in front of you, if they press the brakes, you can stop without striking them.

This does not apply, however, when a deliberate brake check produces a rear-end collision. Because the motorist in front of them has chosen to brake check the driver behind them, they put themselves and other drivers in a risky situation by doing so. As a result of their careless driving, they are at fault, or at least somewhat responsible for the accident.

Who Pays for the Damages in a Brake Check Accident?

Insurance coverage issues are frequently caused by brake checks and other types of road rage. Car insurance companies frequently try to reject liability for your damage claim in these instances, citing an exclusion in the contract for “intentional conduct.” A skilled Chicago motor vehicle accident attorney can often successfully dispute such attempts by insurance companies to deny coverage. A car accident lawyer is a professional who can help you maximize your compensation and receive all of the money you are entitled to.

It is critical to be aware of Illinois’ rules regarding any type of road rage incident. One of the first things you should do after being involved in a brake-checking accident is to call a vehicle accident attorney. They will be able to use their legal knowledge to try to establish that the driver who caused the collision was purposefully brake checking in order to terrify the automobile behind them. They’ll compile the facts and devise a strategy to help you get the most out of your claim.

Chicago Personal Injury Attorney for Brake Checking Accidents

At Curcio & Casciato in Chicago, we handle all manner of motor vehicle accidents. In a busy city like Chicago, anything can happen. That’s why you need a reliable and experienced Chicago motor vehicle accident attorney to help with your case. Our firm also represents victims of  commercial vehicle accidents, drunk driving accidents, hit and run accidents, motorcycle accidents, and 18-wheeler accidents. For more information about our legal services, or to schedule your free consultation, please call 312-321-1111 today.