What Is Brake-Checking?

Posted on: May 2, 2025

Brake-checking does much more than just assert your position on the road—it endangers everyone on the road. This risky maneuver occurs when a driver intentionally pumps their brakes out of nowhere, startling or intimidating the vehicle behind them. Usually done out of irritation or anger, Brake-checking can easily lead to rear-end collisions, significant injuries, and complicated legal disputes. Let a Hazlet car accident lawyer at Mikita & Roccanova tell you more about the dangers of brake-checking.

Why Is Brake-Checking So Dangerous?

Sudden brake-checking dramatically reduces the time that the following driver has to react, which can cause unexpected crashes, even for drivers who maintain a safe distance from the car in front of them. Rear-end collisions caused by brake-checking can result in whiplash, head trauma, spinal damage, broken bones, and extensive property damage for one or both parties involved. Even if the initial brake check does not result in an accident, this behavior can escalate tensions on the road, leading to further aggressive behavior and exacerbating the risk of a future accident.

Is Brake-Checking Illegal in New Jersey?

New Jersey law prohibits brake-checking, punishing it as reckless or aggressive driving. Drivers who engage in this behavior could face fines, points on their licenses, higher insurance rates, and potentially criminal charges in the event of an accident. If you sustained injuries because of someone else’s decision to brake-check you, the law is likely on your side.

Who Is Responsible for Brake-Checking Accidents?

Liability in brake-checking incidents is not always straightforward. Although rear-end collisions usually indicate that the trailing driver is at fault, deliberate brake-checking can shift responsibility. Proving that a driver intentionally stopped suddenly requires thorough evidence, including dashcam footage, eyewitness accounts, police reports, and expert accident reconstruction. Clear evidence showing intentional braking can place liability squarely on the brake-checking driver.

How Can You Protect Yourself from Brake-Checking Accidents?

Adopt defensive driving practices: Always maintain a safe distance from other vehicles, stay alert, and remain calm on the road. Refrain from aggressive driving behaviors, and give yourself extra space and time to react if another driver acts unpredictably. If necessary, report unusually reckless driving behavior to the authorities.

Do I Need a Lawyer After a Brake-Checking Accident?

If someone else’s decision to brake-check you resulted in an accident and caused your injuries, you should speak with a skilled lawyer immediately. An experienced personal injury lawyer can help secure essential evidence, advocate for your rights, and help you demand the compensation you deserve for your injuries, medical expenses, lost wages, and emotional suffering.

Recover from a Brake-Checking Accident with the Hazlet Car Accident Lawyers at Mikita & Roccanova

When you get into an accident because of another driver’s brake-check, trust an experienced Hazlet car accident lawyer at Mikita & Roccanova to investigate your case, identify liable parties, and aggressively pursue fair compensation on your behalf. Call 732-705-3363 or contact us online for a free consultation. Located in Hazlet and Highland Park, New Jersey, we proudly serve clients in Ocean County, Sussex County, Neptune, Middlesex County, and Pennsylvania.