Is Brake Checking Legal In Illinois?

Brake checking is a hazardous driving behavior where a driver intentionally applies their brakes suddenly to startle or intimidate the driver behind them. This practice is not only dangerous but also illegal in the state of Illinois. Understanding the legal implications, potential penalties, safety concerns, and statistical data associated with brake checking is crucial for all drivers to ensure safer roadways.​

Legal Status of Brake Checking in Illinois

In Illinois, while there isn’t a statute explicitly labeled “brake checking,” the act falls under broader traffic laws related to reckless driving. Under the Illinois Vehicle Code (625 ILCS 5/11-503), reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. Abruptly and intentionally hitting the brakes without a valid reason can be interpreted as reckless driving, as it endangers other road users.

Furthermore, Illinois law mandates that no driver should stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is an opportunity to give such a signal. This provision underscores the importance of predictable driving behaviors to prevent accidents.

Penalties for Brake Checking

Engaging in brake checking can lead to severe legal consequences in Illinois. If deemed reckless driving, the act is classified as a Class A misdemeanor. Penalties for a Class A misdemeanor can include:​

• Fines: Up to $2,500.​
• Imprisonment: Up to one year in jail.​

If the brake checking incident results in bodily harm or significant property damage, charges can escalate to aggravated reckless driving, a more severe offense with harsher penalties.

Statistical Insights on Brake Checking and Related Accidents in Illinois

While specific statistics on brake checking incidents in Illinois are limited, data on rear-end collisions—a common result of brake checking—provides insight into the prevalence and severity of such accidents. According to the Illinois Department of Transportation (IDOT), rear-end collisions account for a significant percentage of car accidents annually. For instance, in recent years, rear-end collisions constituted approximately 30% of all traffic crashes in the state.​

The National Highway Traffic Safety Administration (NHTSA) reports that rear-end collisions are among the most common types of accidents nationwide, emphasizing the critical need for addressing behaviors like brake checking that contribute to such incidents.

Determining Fault in Brake Checking Incidents

Assigning fault in accidents involving brake checking can be complex. Illinois follows a modified comparative negligence rule, meaning fault can be distributed among parties involved based on their degree of responsibility. For instance:​

• Leading Driver (Brake Checker): If it’s proven that the driver intentionally applied brakes to intimidate or retaliate, they can be held significantly responsible.​
• Trailing Driver: If the trailing driver was following too closely (tailgating) or not paying adequate attention, they might share a portion of the fault.​

In Illinois, a person injured in a crash can only recover damages if they are less than 51% at fault. This becomes crucial in brake-checking cases, where both drivers may share blame:

• If the brake-checking driver is found 70% at fault and the rear driver 30%, the rear driver can recover 70% of their total damages.
• If the rear driver is 51% or more at fault—for example, for tailgating or distracted driving—they cannot recover any damages.

Insurance companies will often use this system to minimize their payout by arguing the trailing driver shares blame, even in clear brake-checking cases. Evidence such as dashcam footage, witness statements, and traffic camera recordings can be instrumental in establishing the sequence of events and determining fault in a brake checking collision. ​

Safety Implications of Brake Checking and Recommendations

Brake checking poses significant safety risks, including:​

• Rear-End Collisions: Sudden braking can lead to the trailing vehicle crashing into the leading vehicle.​
• Multi-Vehicle Accidents: On busy roads, abrupt stops can cause chain-reaction collisions involving multiple vehicles.​
• Road Rage Escalation: Brake checking can exacerbate tensions between drivers, potentially leading to more aggressive confrontations.​

To promote safer driving environments:

• Maintain Safe Following Distances: Always keep a reasonable distance from the vehicle ahead to allow ample reaction time.​
• Avoid Aggressive Driving Behaviors: Refrain from retaliatory actions like brake checking; instead, focus on de-escalating potential conflicts.​
• Use Turn Signals Appropriately: Signal intentions well in advance to inform other drivers of your actions.​
• Stay Calm: If confronted with an aggressive driver, avoid eye contact, do not engage, and consider pulling over safely or contacting authorities if necessary. ​

Brake Checking and Road Rage: A Dangerous Combination

Brake checking is often an escalation of road rage. According to the AAA Foundation for Traffic Safety, nearly 80% of drivers express significant anger, aggression, or road rage while driving at least once in the past year.

The National Highway Traffic Safety Administration (NHTSA) estimates that aggressive driving plays a role in 56% of fatal crashes. Brake checking, as a retaliatory behavior, directly contributes to these statistics.

In Illinois, aggressive driving—including brake checking—can result in:

• License suspension or revocation
• Increased insurance premiums
• Civil lawsuits for injuries and property damage
• Criminal charges (especially if bodily harm or death occurs)

Law enforcement in Illinois is trained to identify aggressive driving patterns and may cite a driver even if a crash does not occur. Dashcams are increasingly being used by police and drivers alike to prove intent in brake checking cases.

Is Brake Checking Ever Justified?

Drivers sometimes argue they brake-checked to signal a tailgater to back off or avoid a hazard. But courts and law enforcement do not view this as justification. Here’s why:

• Tailgating is dangerous, but two wrongs don’t make a right. Legal and safe ways to handle tailgaters include safely changing lanes or maintaining a steady speed.
• Intent matters. If a driver is found to have braked intentionally to cause fear or retaliation, it’s still reckless driving—even if the other driver was acting poorly.

The Illinois State Police recommend drivers use passive defensive driving strategies rather than assertive or aggressive tactics like brake checking.

Preventing Brake-Checking Incidents

Defensive Driving Tips

1. Use your mirrors: Stay aware of who’s behind you and how closely they’re following.
2. Keep right except to pass: Illinois law requires slower traffic to stay in the right lane on highways.
3. Don’t escalate: Avoid making eye contact or gesturing at aggressive drivers.
4. Pull over if needed: If someone is tailgating or driving erratically, pull over safely and let them pass.
5. Report dangerous drivers: Use hands-free dialing to call *999 to report road rage incidents in Illinois.

Dashcams and Digital Evidence

Given the rise in aggressive driving, more Illinois drivers are installing dashcams. These can:

• Exonerate innocent drivers.
• Show patterns of reckless behavior.
• Provide evidence for police reports and court cases.

Footage from traffic cams, nearby businesses, and cellphones has also been used successfully in Illinois courts to prove or disprove brake-checking claims.

Civil Liability for Accidents Caused by Brake Checking

If you’re injured in a car accident caused by brake checking, the other driver may be civilly liable for:

• Medical expenses
• Lost wages
• Pain and suffering
• Punitive damages (in cases of extreme recklessness)

Brake-checking victims can sue under Illinois tort law. However, success depends on proving that the other driver’s actions were intentional and directly led to the crash. A skilled personal injury attorney can help build a strong case by collecting evidence, speaking with witnesses, and working with accident reconstruction experts.

What To Do After a Brake-Checking Accident in Illinois

If you’re involved in a crash and suspect the other driver brake-checked you:

1. Stay calm and safe.
2. Call 911 to report the crash and any injuries.
3. Do not admit fault or argue with the other driver.
4. Gather evidence: Get contact info from witnesses, take photos, and preserve dashcam footage.
5. Seek medical attention, even if injuries seem minor.
6. Contact your insurance company and report the crash.
7. Consult a personal injury attorney, especially if the other driver was aggressive or charges are possible.

Contact the Top-Rated Illinois Car Accident Lawyers at John J. Malm & Associates

Brake checking may seem like a petty act of revenge, but it carries serious legal, financial, and safety consequences in Illinois. The state’s reckless driving laws apply squarely to this behavior, and courts have repeatedly ruled against drivers who engage in it.

If you were injured in a car accident caused by brake checking, contact John J. Malm & Associates for a free consultation. Our Naperville personal injury attorneys have over 90 years of combined experience representing car crash victims. Let us help you get the compensation you deserve.