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Brake-checking happens when a driver suddenly slams on their brakes. Usually, they do this to scare or send a message to someone who’s driving too close behind them. Some drivers think it’s a fair response to tailgating, but that doesn’t make it safe — or legal.
Brake-checking is not legal in Pennsylvania. It violates the state’s reckless driving laws and can get you tickets, fines, and even criminal charges if you cause an accident.
Tailgating is also against the law; however, responding with a brake-check only makes the situation more dangerous and could leave you legally liable. In this article by our top-rated Reading car accident lawyers at Wilk Law, we go in depth on what brake-checking is, why they do it, and who is liable when an accident occurs because of it.
Brake-checking isn’t just tapping your brakes lightly. To truly brake-check another driver, you would need to deliberately apply your brakes when you don’t actually need to stop, an action that forces the driver behind you to brake suddenly or swerve to avoid hitting you.
Some general indicators of brake-checking include:
This behavior differs considerably from normal defensive driving, where you might brake gradually if needed for legitimate safety reasons.
None of the motivations for brake-checking justify the risks. However, at Wilk Law Personal Injury & Car Accident Lawyers we see drivers caught brake-checking often do it for the following reasons:
Most brake-checking behavior arises from anger. For instance, a driver may get annoyed at someone following them too closely and decide to “teach them a lesson” by braking suddenly. The idea is simple: The driver doing the checking feels disrespected or endangered and wants to get back at the other driver.
Some drivers brake-check motorists who follow too closely because they want the tailgater to give them more space. They believe a quick tap of the brakes will frighten the following driver into increasing their distance. This justification is less aggressive but still creates unnecessary danger for both drivers.
Insurance fraud is a more extreme motivation.
“Crash for cash” schemes involve drivers deliberately causing rear-end collisions to file fake insurance claims. Scammers often target commercial vehicles or expensive cars, assuming the drivers have good insurance coverage. Some even disable their brake lights to make their sudden stop completely unexpected.
How can you identify a potential insurance scam? Here are some signs to look for:
Knowing the telltale signs is important, as it can tell you when to alert authorities to potential scams.
Pennsylvania takes aggressive driving seriously, and brake-checking can result in significant legal penalties under several different categories of law. Here are some of the state’s various penalties for brake-checking:
Pennsylvania’s traffic code outlines multiple ways to penalize brake-checking drivers, even if no accident occurs, including:
These traffic violations will remain on your driving record for years and can affect everything from your insurance rates to job opportunities.
Traffic tickets aren’t the only potential consequence of a violation — brake-checking can also expose you to financial risk through civil liability. You might bear financial responsibility for all injuries and property damage you cause, pay higher insurance premiums after the accident, or even be subject to lawsuits from injured parties.
Civil damages can easily reach tens or hundreds of thousands of dollars, which exceeds what most insurance policies will cover for intentional acts.
If your brake-checking causes serious harm, you could face the following repercussions:
Criminal charges resulting from brake-checking accidents can have serious negative outcomes, including permanent criminal records and possible incarceration.
Determining who’s at fault in brake-checking accidents can be complicated. The common assumption is that the rear driver is responsible for rear-end collisions; however, brake-checking creates a reasonable exception.
If you need to prove that someone brake-checked you, the following types of evidence will be most helpful:
Without strong evidence, brake-checking cases usually become thorny “he said, she said” situations that are hard to resolve.
Pennsylvania uses a modified comparative negligence system to determine fault in accidents, which means both drivers can share responsibility.
If you’re found to be partially liable for your accident, your eligible compensation will be reduced by your assigned percentage of fault. If you’re found to be more than 51% responsible, you won’t be able to recover damages at all.
For perspective, here’s how a shared fault situation might play out in Pennsylvania:
Imagine that Driver A is aggressively tailgating Driver B on the highway. Irritated, Driver B purposefully slams on their brakes without any legitimate reason to stop, and a collision results.
In this case, both drivers would likely share fault. Driver B, who was the brake-checker, is assigned 70% of the responsibility for deliberately creating a dangerous situation. However, Driver A, who was the tailgater, is assigned partial fault of 30% for the unsafe following behavior that prompted the incident.
If the accident caused $10,000 or more in losses, Driver A could recover $7,000 from Driver B based on the 70% fault assessment.
When someone is following too closely behind you, you don’t need to slam on your brakes to get them to back off. There are better ways of handling such situations. For instance, you can:
Remember that responding to tailgating with brake-checking only makes the road more dangerous for everyone. As such, your primary goal should always be to arrive safely, not to enforce traffic rules on others. Stay calm and avoid engaging with aggressive drivers.
Here are some steps you can take if another driver brake-checks you:
Performing these actions immediately after the incident will help you protect your rights and create a record of what occurred, which can be instrumental if disputes about who was at fault arise later on.
If you’ve ever wondered, “Is brake-checking legal in Pennsylvania,” you should know that it isn’t. It may therefore be wise to speak with an attorney if you’ve been involved in a brake-checking incident.
You should consider talking to a car accident lawyer such as Tyler Wilk if any of these conditions apply to your situation:
Having reliable legal representation can make a big difference in the outcome of your case, particularly in situations where fault may not be immediately clear to law enforcement or insurance adjusters.
If you’ve been involved in a brake-checking collision in Pennsylvania, understanding your rights and options is critical. The attorneys at Wilk Law Personal Injury & Car Accident Lawyers have abundant experience representing clients in complex auto accident cases, including those involving aggressive driving behaviors.
Our team understands the nuances of Pennsylvania’s traffic laws and how comparative negligence can impact a claimant’s ability to recover damages.
Whether you were brake-checked by another driver or you’ve been accused of brake-checking someone else, we can help you navigate the legal process and work toward the best possible outcome for your case.
Is brake-checking legal in Pennsylvania? Not under any circumstances.
If this dangerous practice has injured you, you need skilled representation from a legal team that knows how to pursue fair compensation. Contact us today to learn more about your options.