For drivers navigating the busy corridors of Route 35 or the Garden State Parkway near Hazlet, aggressive driving is a frustrating and sometimes terrifying daily reality. Among the most dangerous forms of road rage is brake-checking—the deliberate, sudden slamming of brakes without a necessary reason.
If you’ve been involved in a rear-end collision because the driver ahead of you acted recklessly, you need to understand one crucial fact: the fault for this type of accident may rest entirely on the negligent driver, despite the common assumption about rear-end crashes.
What Makes Brake-Checking a Legal Violation in New Jersey?
In the State of New Jersey, the act of brake-checking is not viewed as a minor traffic infraction; it is treated as a serious act of reckless driving.
New Jersey Statute N.J.S.A. 39:4-96 defines reckless driving as operating a vehicle “heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”
When a driver intentionally slams on their brakes purely to retaliate, intimidate, or punish a trailing vehicle, they are acting with willful and wanton disregard for the safety of others. This is why brake-checking is an illegal form of road rage. It is a calculated move designed to force a collision, and the consequences for the perpetrator can include not just liability for damages, but also hefty fines, points on their license, and even jail time for a criminal offense like Assault by Auto if serious injuries occur.
The Critical Shift in Liability
In most rear-end collisions—whether on the Hazlet side streets or a major Monmouth County highway—the driver who hits the car in front is generally presumed to be at fault. This presumption is based on the New Jersey law that requires drivers to maintain a safe following distance sufficient to stop under normal conditions (N.J.S.A. 39:4-89, Following Too Closely).
However, intentional brake-checking is a major exception that completely changes this liability equation.
When a leading driver causes a crash by suddenly and intentionally braking without a necessary justification (such as an animal in the road or an emergency stop), they have breached their duty of care to operate their vehicle safely. In this scenario, the full weight of negligence shifts from the following driver to the brake-checker. This shift is critical because it allows the injured driver to overcome the standard legal presumption and hold the negligent party accountable.
Proving the Brake-Checker’s Fault: The Burden of Proof
While the law is clear that intentional brake-checking is reckless, proving the intent can be the biggest challenge in these cases. The brake-checking driver will almost always claim they had a legitimate reason to stop suddenly.
This is where evidence becomes essential:
- Dashcam Footage: This is the most powerful evidence. A clear video showing the lead driver rapidly decelerating without traffic ahead or other apparent hazards provides undeniable proof of intent.
- Witness Statements: Eyewitness accounts, especially from other non-involved drivers, can corroborate the victim’s claim that the braking was sudden, aggressive, and unwarranted.
- Accident Reconstruction: Experts can analyze skid marks, vehicle damage, and the sequence of events to determine if the braking force was excessive and unnecessary for the prevailing traffic conditions.
New Jersey’s Modified Comparative Negligence
Even when the brake-checker is clearly at fault, New Jersey follows a system called modified comparative negligence (N.J.S.A. 2A:15-5.1). This rule acknowledges that fault can sometimes be shared.
For example, an adjuster or jury might find that the brake-checker was 80% responsible for their reckless act, but the trailing driver was 20% responsible for following slightly too closely.
The good news for victims in Hazlet is the 51% rule: you can still recover compensation for your medical bills, lost wages, and pain and suffering, as long as you are found to be 50% or less responsible for the crash.
Contact the Hazlet Car Accident Lawyers at Mikita & Roccanova, LLC
If you have been injured by a negligent driver who chose road rage over road safety, you should seek legal guidance immediately to ensure the facts of the case correctly assign liability to the reckless driver. Call the Hazlet car accident lawyers at Mikita & Roccanova, LLC at 732-705-3363 or complete our online form for a free consultation. We have offices in Hazlet and Highland Park, NJ and serve clients across NJ and PA.