Brake Checking in NY: Laws, Risks, and Legal Consequences
Brake checking is one of the most dangerous activities a driver can engage in. While they may feel like they’re teaching someone else a lesson, this behavior can lead to collisions and severe injuries. But is brake checking illegal in New York? Here’s an overview of brake checking and the legal consequences.
What Is Brake Checking?
Brake checking involves a driver suddenly hitting their brakes to scare, punish, or warn the driver behind them. Some drivers choose to engage in such behavior in response to actions they perceive as tailgating or aggressive driving. Even when brake checking doesn’t lead to a crash, it creates an immediate risk of a rear-end collision.
Why Brake Checking Is Dangerous
Brake checking presents a serious danger because it gives the rear driver little or no time to react. Even a split-second delay can cause a rear-end crash at highway speeds or in heavy traffic. This dangerous behavior can affect not only the drivers involved but also others around them. The sudden slowdown may force nearby drivers to swerve, increasing the risk of side-impact collisions, chain-reaction crashes, or loss of control.
The danger of brake checking is even greater when the following vehicle is a truck or bus, as these vehicles may need more distance to stop safely. Motorcyclists also face a heightened risk due to their overall lack of protection. Brake checking can turn a moment of anger into a serious crash involving neck injuries, back injuries, head trauma, broken bones, or worse.
Is Brake Checking Illegal in New York?
Brake checking can be considered a violation of New York’s reckless driving statute. This traffic law states that it is against the law to drive in a manner that “unreasonably interferes with the free and proper use of the public highway or any parking lot, or unreasonably endangers users of the public highway or any parking lot.”
A brake-checking driver who suddenly brakes to intimidate another motorist could be cited for unreasonably endangering other motorists. If brake checking causes a crash, the driver’s actions may also become important evidence in a personal injury claim. As such, these dangerous driving behaviors can result in criminal charges and potential civil liability.
Brake Checking, Legal Consequences, and Penalties
Depending on the immediate effects of an incident, brake checking can lead to a variety of consequences for a driver who engages in the activity. The outcome depends on what happened and whether anyone got hurt. Possible legal consequences of violating the brake-checking laws in New York include:
- Traffic tickets and fines
- Points on the driver’s license
- A misdemeanor charge for reckless driving
- Increased insurance premiums
- Fault for the crash in a personal injury claim
- Liability for someone else’s financial and personal losses
How a New York Car Accident Lawyer Can Help
If you got hurt in a brake-checking accident that wasn’t your fault, you may be facing a long physical recovery, difficult financial strain, and other accident-related losses. An attorney from the office of Scott C. Gottlieb, Injury Law Attorney, can help you understand your legal rights and options and pursue compensation for the harm you’ve suffered.
When you turn to Scott Gottlieb for legal representation, our office will handle every aspect of your claim, including going above and beyond to help you deal with issues outside the immediate scope of your case. We’ll coordinate with your doctors to get the reports we need to support your brake-checking accident claim and take the burden of dealing with the insurance companies off your shoulders so you can focus on healing. Contact us today to get started with a free consultation.
