Brake checking is a term that has gained notoriety in the world of driving and road safety. It involves a driver intentionally hitting the brakes abruptly to startle or intimidate the driver behind them. This practice is not only dangerous but also poses significant legal and safety risks. In Illinois, brake checking can lead to serious consequences both on the road and in court. This article explores whether brake checking is illegal in Illinois, how fault is defined, and the legal implications for those involved in such incidents.
What is Brake Checking?
Drivers brake check as a form of aggressive driving or road rage. The intention behind it is to scare or frustrate the rear driver, often in response to perceived tailgating or other forms of aggressive behavior. When a driver slams on their brakes suddenly, it may seem like a minor act, but it can lead to severe repercussions. These road rage incidents can result in rear-end auto accidents, causing severe injuries and even fatalities. Brake checking does not give the rear driver enough time to react, leading to dangerous types of accidents that could have been avoided with safer driving practices.
Legal Status of Brake Checking in Illinois
In Illinois, brake checking is considered illegal. This behavior can be classified under reckless driving, which is defined under the Illinois Compiled Statutes (625 ILCS 5/11-503). Reckless driving involves any person who drives a vehicle with a willful or wanton disregard for the safety of persons or property. Abruptly slamming on the brakes without a valid reason fits this description as it endangers the safety of other drivers on the road.
Traffic Laws and Penalties
The Illinois Vehicle Code is strict when it comes to ensuring road safety. Reckless driving, which includes brake checking, can result in various penalties, including:
- Fines: Drivers found guilty of reckless driving can face substantial fines.
- License Suspension: Repeated offenses or severe incidents can lead to the suspension or revocation of the driver's license.
- Criminal Charges: In cases where brake checking leads to serious injury or death, the responsible driver can face criminal charges, including felony charges.
Defining Fault in Brake Checking Incidents
Determining fault in a brake checking incident can be complex. Illinois follows a modified comparative negligence rule, which means that the fault can be distributed among the parties involved. Here are the key factors considered when defining fault:
- Intent and Behavior of the Brake Checker: If it is proven that the leading driver intentionally hit the brakes to scare the trailing driver, they can be held largely responsible for the incident. Evidence such as dashcam footage or witness statements can play a crucial role in establishing intent.
- Tailgating by the Trailing Driver: While brake checking is illegal, trailing drivers also have a responsibility to maintain a safe following distance. If the trailing driver was tailgating or driving aggressively, they might share a portion of the fault.
- Circumstances of the Road and Traffic Conditions: The overall traffic conditions and the behavior of both drivers leading up to the incident are taken into account. This includes speed, road conditions, and any other contributing factors.
- Eyewitness and Expert Testimonies: Statements from other drivers, pedestrians, and experts in accident reconstruction can provide valuable insights into the events leading up to the collision.
Insurance and Civil Liability
Brake checking can also have significant implications for insurance claims and civil liability. Insurance companies investigate the circumstances of the accident thoroughly. If a driver is found guilty of brake checking, their insurance company may deny coverage for the damages caused. Additionally, the brake checker can be held liable for damages in a civil lawsuit. Victims of such incidents can seek compensation for:
- Medical Expenses: Covering the cost of treatment for injuries sustained in the accident.
- Property Damage: Repairing or replacing motor vehicles and other damaged property.
- Lost Wages: Compensating for income lost due to injuries preventing the victim from working.
- Pain and Suffering: Addressing the physical and emotional distress caused by the accident.
Real Life Examples of Brake Checking Cases in Illinois and Their Results
To provide a more comprehensive understanding of how brake checking incidents are handled in Illinois, let's examine some real-life cases and their outcomes. These examples highlight the legal repercussions and the intricacies involved in determining fault in brake checking incidents.
Case 1: Smith v. Johnson
Incident: In this case, John Smith was driving on a busy highway when he suddenly brake-checked the car behind him, driven by Maria Johnson. Smith claimed that Johnson was tailgating him and he wanted to teach her a lesson. The abrupt stop led to a multi-car collision involving three other vehicles.
Investigation and Evidence: Witnesses testified that Smith had been driving aggressively and had brake-checked multiple times before the accident. Dashcam footage from another driver showed Smith's reckless behavior and Johnson maintaining a reasonable distance until the sudden stop.
Court Ruling: The court found Smith predominantly at fault for the accident, citing his intentional and reckless behavior as the primary cause. Johnson was found to be partially at fault for following too closely but was assigned a minor percentage of the liability.
Outcome: Smith faced severe penalties, including fines, a suspension of his driver's license, and civil liability for the damages caused to the other vehicles and injuries sustained by the drivers and passengers. Johnson received a minor penalty for tailgating but was able to claim substantial compensation for her damages and injuries.
Case 2: Brown v. Harris
Incident: In another case, Kevin Brown was driving in heavy traffic when he brake-checked Sarah Harris, who was following closely behind. Brown claimed he was trying to avoid debris on the road, but Harris insisted that the brake check was intentional and aggressive.
Investigation and Evidence: Traffic cameras and witness testimonies indicated that Brown had abruptly braked without any apparent obstruction on the road. Harris's vehicle collided with Brown's, causing significant damage and minor injuries to both drivers.
Court Ruling: The court ruled in favor of Harris, determining that Brown's sudden braking was unwarranted and reckless. The lack of any visible debris or obstruction supported Harris's claim that the brake check was intentional.
Outcome: Brown was held liable for the accident and faced penalties for reckless driving. He was required to pay for Harris's vehicle repairs and medical expenses. Additionally, Brown's insurance rates increased significantly due to the reckless driving incident.
Case 3: Taylor v. Peterson
Incident: In this case, Emma Taylor was driving on an interstate when she brake-checked Mark Peterson, who had been aggressively tailgating her for several miles. The sudden stop caused Peterson to rear-end Taylor, leading to a serious accident that involved several other vehicles.
Investigation and Evidence: Investigation revealed that both drivers had engaged in aggressive driving behavior. Peterson had been tailgating Taylor closely, while Taylor had repeatedly brake-checked him in response. Witnesses and traffic camera footage corroborated these findings.
Court Ruling: The court found both drivers equally at fault due to their aggressive driving behaviors. The judge emphasized that both tailgating and brake checking are dangerous and illegal practices that contribute to road accidents.
Outcome: Both Taylor and Peterson faced penalties, including fines and points on their driving records. Each driver was responsible for their own vehicle repairs and medical expenses, as their shared fault prevented either from claiming full compensation from the other.
Case 4: Davis v. City of Chicago
Incident: In an unusual case, Lisa Davis filed a lawsuit against the City of Chicago after a brake-checking incident involving a city bus. Davis was driving behind the bus when it abruptly stopped, causing her to rear-end the bus and suffer significant injuries.
Investigation and Evidence: Investigation showed that the bus driver had suddenly braked to avoid a pedestrian who had jaywalked into the street. Davis argued that the city was responsible for the bus driver's actions and her subsequent injuries.
Court Ruling: The court found that the bus driver's actions were justified given the immediate danger posed by the pedestrian. The judge ruled that Davis was primarily at fault for following too closely and not maintaining a safe distance from the bus.
Outcome: Davis was unable to claim compensation from the city and was held responsible for her own damages. The case highlighted the importance of maintaining a safe following distance, even when the leading vehicle is a large bus or commercial vehicle.
Lessons from These Cases
These real-life examples underscore several key lessons for drivers in Illinois:
- Brake Checking is Reckless and Illegal: Courts consistently rule against drivers who engage in brake checking, viewing it as a form of reckless driving with serious legal consequences.
- Shared Fault in Aggressive Driving Incidents: In cases where both drivers engage in aggressive behaviors, courts often assign shared fault, making it difficult for either party to claim full compensation.
- Importance of Safe Following Distance: Following too closely is a common factor in rear-end collisions. Drivers are expected to maintain a safe distance to avoid accidents, regardless of the behavior of the vehicle in front.
- Value of Evidence: Dashcam footage, traffic cameras, and witness statements play a crucial role in determining fault. Collecting and presenting clear evidence is vital in legal proceedings related to brake checking incidents.
Steps to Take if Involved in a Brake Checking Incident
If you find yourself involved in a brake-checking incident, it is crucial to take specific steps to protect your rights and ensure your safety:
- Call the Police: Report the incident to law enforcement immediately. A police report will document the details and serve as crucial evidence.
- Seek Medical Attention: Even if injuries seem minor, getting a medical evaluation is essential. Some injuries may not be immediately apparent.
- Gather Evidence: If possible, collect evidence such as photographs of the scene, dashcam footage, and contact information of witnesses.
- Notify Your Insurance Company: Report the accident to your insurance company, providing them with all relevant information and documentation.
- Consult an Attorney: A personal injury lawyer can help navigate the legal complexities and ensure that you receive the compensation you deserve.
Brake checking is unequivocally illegal in Illinois, classified under reckless driving due to its potential to cause harm and endanger lives. Defining fault in such incidents involves a thorough investigation of the actions and intentions of all parties involved. Both criminal and civil consequences can be severe for those found guilty of brake checking. If you are a victim of this dangerous practice, it is crucial to take immediate action to protect your rights and seek justice.
As an Illinois personal injury attorney, I strongly advise against engaging in or responding to aggressive driving behaviors like brake checking. Road safety is a shared responsibility, and ensuring the well-being of all drivers should always be a priority. If you or someone you know has been involved in a brake-checking incident, seek legal counsel to understand your rights and pursue the appropriate legal remedies.
Working With Palermo Law Group
If you've been involved in a brake checking accident, working with an experienced car accident lawyer can make all the difference in protecting your rights and securing the compensation you deserve. At Palermo Law Group, our dedicated team understands the complexities of these incidents and is here to help motorists navigate the legal process.
We offer a free consultation to discuss your case and explore your options. Our law firm is committed to providing personalized attention and effective representation in your personal injury lawsuit. Contact Palermo Law Group today to get the support you need from a trusted and skilled car accident lawyer.
For a free consultation with Palermo Law Group, contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.
