Brake checking is a dangerous driving behavior that can turn ordinary traffic into a serious accident in seconds. In Illinois, intentionally slamming on the brakes to intimidate or control another driver often leads to sudden rear-end collisions, multi-vehicle crashes, and severe injuries.
These accidents can be especially complex because brake checking blurs the lines of fault, insurance liability, and driver negligence. Understanding how brake checking causes car accidents—and how Illinois law addresses this reckless conduct—is essential for anyone injured in a crash involving aggressive driving.
Why Brake Checking Is So Dangerous
Brake checking creates a sudden and unexpected hazard that leaves the following driver with little or no time to react. Even a cautious driver maintaining a safe following distance may be unable to stop in time when another vehicle brakes abruptly for no legitimate reason. These situations are especially dangerous at higher speeds or during heavy traffic, where one sudden stop can trigger multi-vehicle collisions.
In Illinois, weather conditions can further increase the risk. Rain, snow, ice, and construction zones reduce stopping distance and visibility, making brake checking even more likely to cause catastrophic crashes. Motorcyclists and commercial vehicles are also particularly vulnerable, as they require more space to stop and offer less protection in a collision.
Common Injuries in Brake Checking Accidents
Car accidents caused by brake checking often result in serious injuries due to the abrupt nature of the impact.
Common injuries include:
- Whiplash and neck injuries
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Broken bones and soft tissue damage
- Internal injuries and organ damage
Victims may also experience long-term pain, lost mobility, and emotional distress, especially when the crash was caused by intentional reckless behavior.
Determining Fault in Brake Checking Accidents
One of the most complicated aspects of brake checking accidents is determining liability. Illinois follows a modified comparative negligence system, meaning an injured person can recover damages as long as they are less than 51% at fault for the accident.
Insurance companies often assume the rear driver is automatically at fault in a rear-end collision. However, this assumption does not always apply in brake checking cases. Evidence that the front driver intentionally and unnecessarily slammed on their brakes can shift partial or full liability onto them.
Key evidence in brake checking cases may include:
- Dashcam or traffic camera footage
- Witness statements
- Police reports and citations
- Vehicle data and crash reconstruction
- Cell phone records or prior road rage behavior
An experienced legal team can help uncover this evidence and challenge unfair fault determinations.
Insurance Challenges After a Brake Checking Crash
Insurance companies frequently dispute brake checking claims because they are difficult to prove. Adjusters may argue that the injured driver was following too closely or not paying attention, even when the front driver acted recklessly. This can result in denied claims or low settlement offers.
Victims may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and future medical care. Successfully recovering these damages often requires strong evidence and a clear understanding of Illinois traffic and negligence laws.
What to Do After a Brake Checking Accident
If you are involved in a car accident caused by brake checking in Illinois, taking the right steps can protect your health and your legal rights:
- Call 911 and report the accident immediately
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and videos
- Obtain contact information from witnesses
- Preserve dashcam footage and vehicle data
- Avoid discussing fault with insurance adjusters
Prompt action can make a significant difference in the outcome of a claim.
Contact Joel E. Brown, P.C. for a Free Consultation
Brake checking is not just careless—it is a deliberate and dangerous act that can permanently change lives. Illinois law provides avenues for injured victims to seek accountability and compensation when aggressive drivers cause harm. Understanding how brake checking accidents happen, how fault is determined, and what legal options are available is essential for protecting your rights after a crash.
If you or a loved one has been injured in a brake checking accident, knowing the law—and having strong legal support—can help you move forward with confidence. Contact Joel E. Brown, P.C. for a free, no-obligation consultation.
To learn more, contact our skilled personal injury attorney at Joel E. Brown, P.C to schedule a free consultation. We are conveniently located in Peoria and proudly serve Peoria County, IL, and the neighboring communities.
Joel E. Brown, P.C
416 Main Street Suite 1300, Peoria, IL 61602
(309) 673 4357
Available 24/7