- April 17, 2024
- Tucker Law
- Car Accident Lawsuits
Sharing the road in a bustling city like New York can be extremely stressful, and this means that aggressive driving tactics, such as brake checking, tend to be more common in these areas. However, this reckless maneuver can have devastating consequences, causing crashes that leave victims with injuries and significant car damage.
As this blog will explain, the law around brake checking in New York is murky. It may be difficult to establish liability on the part of a driver who causes an accident in this way. For this reason, it’s crucial to work with a top-class road accident lawyer if you’re in this situation.
What Is Brake Checking?
Brake checking (also known as brake testing) occurs when a driver deliberately applies their brakes forcefully in front of another vehicle. This is intended to startle the following driver, often as a response to tailgating or other types of aggressive driving.
The key characteristic of brake checking is the intention to cause a reaction on the part of another driver. Abruptly stopping a vehicle does not amount to brake checking if it’s done in response to an obstacle on the road, even if the driver in front overreacts or brakes too suddenly.
Brake checking is a deliberate act, and an incredibly dangerous one. Rear-end collisions commonly result from brake checking, causing injuries like whiplash, broken bones, and head trauma.
Is Brake Checking Illegal in NY?
While there’s no law specifically outlawing brake checking in New York, it may still be illegal, depending on the circumstances.
For instance, Section 1212 of the Consolidated Laws of New York bans “reckless driving,” which is defined as operating a vehicle “in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.” Brake checking clearly falls under the scope of this provision.
It’s important to note that this is a criminal rule. It’s not necessary for an at-fault party to be criminally prosecuted for reckless driving in order for you to file suit against them for causing an accident. In fact, it’s possible that the at-fault driver could be cleared of reckless driving in criminal court, but still be required to pay you compensation.
The relevant standard here is negligence; you must be able to show that the at-fault driver in your case did not use reasonable caution while sharing the road with you and that this lack of care resulted in an accident that caused you injuries.
Who Is at Fault in a Brake-Checking Accident?
As noted above, brake checking often leads to rear-end collisions. This poses a potential difficulty; experts may have a hard time verifying that one party to the accident was at fault. Did the driver in front brake too sharply, or was the following driver going too quickly or without due care and attention?
Rear-end collisions are more often the fault of the following driver than the one in front. So, when you’re the victim of brake checking, it might actually look like you’re the one to blame.
When your car accident attorney builds your case, they will focus on gathering various forms of evidence to rebut this potential assumption (essentially, they’ll consider how to prove brake checking on the part of the other driver). This may include:
- Dashcam footage: According to a report from Mordor Intelligence, the global market for dashcams was worth over $4.5 billion at the beginning of 2024; this figure is projected to reach $8.32 billion by 2029. So, when you get in an accident nowadays, there’s an ever-increasing chance a camera on a nearby car captured the whole incident.
- Witness statements: Even if other drivers don’t have dashcams, their account of what happens in an accident situation can serve as useful evidence. That’s why it’s so important to collect the contact details of those around you after you get into a crash.
- Accident-related markings on the road, like skid marks: Accident reconstruction experts may be able to use these to opine that a particular party was at fault for your car crash.
- Vehicle damage: Again, this may be of value to the accident reconstruction experts who work on your case.
How Comparative Negligence Affects New York Brake Checking Cases
New York uses a comparative negligence system in injury cases involving shared blame. This means that you will still be entitled to recover compensation in a brake-checking situation even if you were partly at fault for what happened. This might be the case if, say, the front driver is deemed primarily at fault for brake checking, but you were driving too fast as well.
If evidence shows that you were 20% at fault for what happened, then your entitlement to damages will be capped at 80% of their overall value. So, if you suffered $200,000 of losses in the form of lost earnings, medical costs, noneconomic damages like pain and suffering, and other expenses, you should still be allowed to recover $160,000 from your lawsuit.
It’s important to note, of course, that this strict application of the rules only truly applies in the courtroom. Most New York brake-checking lawsuits reach a conclusion before this point, when both parties come together to discuss a settlement. This outcome saves you time and legal fees and also means you don’t have to undergo the hassle of a courtroom trial.
In order to make the most of a claim at this stage, you need to work with a car accident attorney who has experience of maximizing settlements via skilled negotiation. At Tucker Lawyers, that’s exactly what you’ll find.
What to Do After a Brake Checking Accident in NYC
Being involved in a car accident is a frightening experience, and one caused by brake checking can be particularly infuriating. Don’t allow someone else’s deliberate aggression on the road to leave you saddled with medical expenses, lost wages, and other costs. Contact a trusted New York car accident attorney for a free initial consultation about your case today and start the process of seeking compensation.
You can reach Tucker Lawyers via our online contact form or over the phone on (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]