Car Accidents Caused by Brake Checking in Illinois
Consider the following scenario: You’re a Chicago, Illinois, native driving through Northbrook on your way home from work, when suddenly, the car in front of you slams on its brakes for no apparent reason. You hit your brakes in response, but it’s too late: You crash into the car’s rear bumper.
In attempting to make sense of the accident and seek compensation for any injuries you might’ve sustained, the other driver could attempt to shift the blame onto you, asserting that you were following behind them too closely. What truly happened, though, was an instance of brake checking.
What Is Brake Checking?
Brake checking refers to a driver deliberately hitting their brakes when another vehicle is following. It isn’t done because the driver needs to quickly slow down; instead, the intent is to force the succeeding driver to brake suddenly or swerve.
Most times, brake checking is a form of road rage brought on when someone thinks the car behind them is tailgating.
Types of Accidents Caused by Brake Checking
When a car suddenly stops, anyone behind it has just seconds to react. Even at normal highway speeds, that isn’t enough time to avoid crashing.
As a result, brake checking causes three main types of car accidents:
- Rear-end collisions: The following driver can’t stop in time and crashes into the back of the leading vehicle
- Sideswipes: Drivers swerve to avoid the braking vehicle but end up crashing into another car
- Multi-Vehicle pile-ups: The sudden braking affects several cars in sequence
All of these accidents can be avoided so long as drivers are conscious of the effects of poor driving habits like brake checking.
Is Brake Checking Illegal In Illinois?
Brake checking is indeed illegal in Illinois, though you won’t find the term specifically written in state laws. According to Illinois Vehicle Code Section 11-601(a), drivers must reduce their speed “when special hazards exist” and “to avoid colliding with any person or vehicle.” Brake checking, therefore, violates the law by deliberately creating an otherwise nonexistent hazard.
Brake checking also violates Illinois’ reckless driving laws. Under 625 ILCS 5/11-503, reckless driving occurs when a person drives “with a willful or wanton disregard for the safety of persons or property.” Deliberately causing a dangerous situation by way of brake checking fits that description.
In Northbrook (and throughout Illinois), brake checking can lead to the following consequences:
- Traffic tickets
- Fines up to $2,500
- Up to one year in jail for reckless driving
- License suspension
- Criminal charges if someone gets hurt or killed
Insurance companies also take a serious stance on brake checking, and if they discover a client of theirs has done so, they might deny coverage for the related crash.
Evidence That Proves Brake Checking in an Illinois Car Accident
Proving brake checking is tough, as you need to somehow show what the driver intended to do. Nevertheless, several types of evidence can help you build a strong case:
Dashboard Camera Footage
Dash cams have changed how brake-checking cases are proven. Footage that shows a driver braking suddenly with nothing in front of them is not only powerful evidence but also common as well.
Witness Statements
Other drivers who have seen your accident can testify that there was no real reason for the driver ahead of you to brake suddenly. They can also describe what led to the brake checking, such as any aggressive driving beforehand.
Accident Reconstruction
Car accident reconstruction experts can study skid marks, vehicle damage, and where the cars ended up to figure out how the crash happened.
Traffic Camera Footage
Traffic cameras in the Northbrook area might have recorded the incident, and their footage can be requested through proper legal channels after an accident.
Who Is Liable in Brake-Checking Accidents?
Illinois uses a modified comparative negligence system for determining fault in car accidents. As such, if you’re found to be more than 50% responsible for an accident, you can’t get any money for your damages.
In normal rear-end crashes, people usually assume the following driver is at fault.
But brake checking complicates matters and requires these questions to be answered:
- Did the front driver have a reason to brake?
- Was the back driver tailgating?
- What were the road and weather conditions?
- How fast were both vehicles going?
- Do either of the drivers have a history of road rage or previous problems?
Following too closely is dangerous and against the law, but deliberately brake checking to “teach someone a lesson” is much more dangerous and puts clear blame on the driver in front.
Steps To Take After a Brake-Checking Accident
If you’ve been hurt in a brake check accident in Northbrook, you may be able to get compensation for medical bills, lost wages, vehicle damage, pain and suffering, and emotional distress.
The most important steps to take right after the accident are as follows:
- Call 911 and make sure a police report is filed
- Get medical attention, even if you feel okay
- Take photos of the accident scene and all vehicles involved
- Gather witness contact information
- Contact a car accident attorney before speaking with insurance companies
Illinois gives you two years to file a personal injury claim, so don’t wait too long to hire legal counsel.
Common Injuries From Brake-Checking Accidents
Brake checking can result in many types of serious injuries that are similar to those in other rear-end collisions.
These include:
- Whiplash and neck injuries
- Concussions and traumatic brain injuries
- Back and spinal cord damage
- Broken bones
- Soft tissue injuries
- Facial injuries from airbag deployment
Some injuries may not show symptoms right away, but can still affect you and worsen over time. That’s why it’s so important to see a doctor after any accident, even if you feel fine at first.
Brake Checking and Pedestrian Safety
Brake checking can also put pedestrians at risk. When cars brake suddenly, succeeding vehicles might swerve onto sidewalks or into crosswalks. Pedestrian accidents resulting from such erratic driving can cause broken bones, head trauma, internal injuries, and permanent disabilities.
Brake Checking Is Dangerous and Criminal
Brake checking is rude, reckless, and above all, illegal. Victims of brake-checking accidents may suffer long-term injuries, face high medical bills, and get caught in complicated legal and insurance battles.
Knowing the laws regarding the behavior, as well as how to collect evidence and get proper care after a crash, can help victims protect themselves physically, financially, and legally. If you’ve been injured in an accident that wasn’t your fault, contact a personal injury attorney today for a free consultation.
Contact Our Northbrook Car Accident Law Firm at Kass & Moses Personal Injury Lawyers
If you were injured in an accident in Northbrook, IL, and need legal help, contact our Northbrook personal injury lawyers at Kass & Moses Personal Injury Lawyers to schedule a free case review today.
Kass & Moses Personal Injury Lawyers
601 Skokie Blvd Suite 401
Northbrook, IL 60062
(847) 513-9582
