Most of us have been there. You’re driving along, minding your business, and suddenly the car in front of you slams on the brakes for no reason. It jolts you. It ticks you off. And if you’re unlucky, it might even cause a crash. That move of the negligent motorist? It’s called brake checking.
While some individuals might think it’s just a way to “teach a lesson” to tailgaters, the fact is that it’s dangerous, reckless, and can have serious consequences. Injured victims should seek dedicated legal help for brake-checking incidents to seek compensation for their injuries and losses.
What Exactly Is Brake Checking?
Brake checking occurs when a driver hits the brakes hard and fast on purpose, usually to scare or annoy the person driving too close behind them. It’s usually a snap decision made in anger or frustration. But this aggressive driving behavior is a high-risk maneuver that can lead to serious collisions.
Risk of Brake-Checking Accidents in Wisconsin
Think about it. If someone stops out of nowhere and you’re just a few feet behind them, how much time do you have to react? Probably not much. That’s why brake checking can easily lead to crashes. Typical brake checking accident cases in Wisconsin may include:
- Rear-end crashes
- Multi-vehicle pileups
- Serious injuries like whiplash
- Even fatalities in worst-case scenarios
What happens when a car suddenly hits its brakes? The brake-checking driver typically walks away unscathed, while the person behind them ends up injured.
Is It Illegal in Wisconsin?
Technically, the phrase “brake checking” doesn’t show up in Wisconsin’s traffic laws. But that doesn’t mean it’s legal. In fact, under Wisconsin Statute §346.62, any unsafe driving behavior that endangers others is considered reckless. That includes brake checking. If a sudden stop by a car or truck driver causes a crash, they could be held liable for damages.
Who Gets Blamed in a Crash Like This?
Usually, when there’s a rear-end collision, the default assumption is that the driver in the back is at fault. Why? Because you’re supposed to leave enough space to stop safely. But when someone deliberately brake-checks you, things get complicated.
Wisconsin’s Comparative Negligence Rule
Wisconsin doesn’t do all-or-nothing fault. Instead, it follows something called comparative negligence. That means multiple people can share responsibility for an accident. For example:
- If you were tailgating but the other driver brake checked, both of you might share some blame.
- If it’s clear the front driver slammed on the brakes just to mess with you, they could carry most of the fault.
Caught in a Brake-Checking Accident? Here’s What to Do
It’s easy to feel shaken, frustrated, or even furious. But keeping your cool and taking the right steps can make a big difference later.
Step 1: Get Somewhere Safe
If your car is drivable, pull over to a safe spot. Turn on your hazards. Take a few deep breaths.
Step 2: Call 911
Even if the damage looks small, it’s a good idea to get the police involved. A report can protect you if the other driver tries to twist the story later.
Step 3: Exchange Information
You will need the basics:
- Name and contact details
- Driver’s license info
- Insurance company and policy number
Step 4: Snap Some Photos
Take clear pictures of both vehicles, license plates, skid marks (if any), and the surrounding scene. The more details you document, the better.
Step 5: Talk to Witnesses
If anyone saw what happened, politely ask if they’re willing to give a statement or share their contact info.
Step 6: Notify Your Insurance
Let them know what happened. Be factual, not emotional. Say what you know, but don’t guess or speculate.
Step 7: Contact an Attorney
If you have been injured in a brake-checking accident, call an experienced Wisconsin personal injury lawyer as soon as possible.
Why People Brake Check in the First Place
Usually, it’s frustration. Maybe the driver feels like you’re too close. Or they’re just in a bad mood. Sometimes, it’s more calculated, like trying to cause a crash for an insurance payout. Whatever the reason, it’s not safe. And it’s not smart.
Is It Road Rage?
Brake checking is one of the more aggressive forms of road rage. It’s done in a split second, but it can have lasting consequences. And once tempers flare, things can spiral quickly. That’s why it’s always the safer choice to stay calm and back off from aggressive drivers who might indulge in recklessly changing lanes, street racing, or brake checking.
Dealing with Insurance Afterward
Here’s where things get tricky. If you hit someone from behind, the insurance company might blame you. But if other cars stop suddenly on a highway and you have proof that the other driver brake checked you, it can shift the blame. Evidence like dashcam footage (the vehicle’s dashboard camera) is useful if the video shows the negligent action of the other party.
Still, insurance adjusters aren’t always quick to take your side. That’s why having solid evidence and, in cases involving injuries, legal backup can be a huge help.
How to Avoid These Situations Altogether
You cannot control how other people drive. But you can protect yourself by:
- Not tailgating: Give at least three to four seconds of space between cars.
- Let aggressive drivers go: Don’t engage with them. Let them pass.
- Use your dashcam: It can tell your side of the story when you can’t.
- Stay cool: Road rage isn’t worth it. Get home safe.
Injured in a Car Accident Caused by Brake Checking In Wisconsin? We’re Here for You
If you’ve been injured in an accident caused by a reckless brake checker, our seasoned Wisconsin car accident attorneys at Gingras, Thomsen & Wachs will fight for your maximum compensation. Recognized by clients and peers alike, our award-winning firm has been named one of the best regional law firms by the U.S. News & World Report.
Our lawyers bring you high-powered legal representation and real support. We work on a contingency fee basis, which means you don’t pay anything unless we recover damages for you. To schedule your free consultation, call us at 855-954-1186 or contact us online.
