Who Is Liable in a Brake Check Accident? 

Posted in Car Accidents on July 1, 2025

Brake checking occurs when a driver suddenly applies brakes with the intention of causing a car behind them to brake. In essence, the driver who brakes is “warning” the driver behind them that they are driving too close behind them for comfort. 

However, it is easy to see that brake checking is a dangerous thing to do and can easily cause an accident. Specifically, it may cause a rear-end collision or even a multi-vehicle pileup. Ordinarily, rear-ending a car in front of you would mean you are likely at fault. However, brake-checking is not an “ordinary” situation. 

Sudden braking is necessary when a driver sees a hazard ahead and must act to avoid a collision. Causing a collision by braking for no other reason than to frighten or annoy the driver behind you is another matter. 

Brake Checking Is a Road Rage Behavior

According to the Washington State Department of Licensing, brake checking is a form of road rage. In turn, it defines road rage as a form of assault. Following this logic, a person who suddenly applies their vehicle’s brakes to intimidate another driver, causing an accident, is liable. 

Quite simply, they have caused an accident that can be classed as reckless driving since they should have known that sudden braking could lead to an accident. When a person is reckless, they have violated the duty of care they should exercise to keep other road users safe. 

Proving Brake Checking May Be Difficult

The driver who suddenly braked is at least partly liable for a brake check accident, but proving that they did it may be rather difficult. Evidence that can help to show abrupt braking as the real cause of a rear-end collision may include dashcam footage, CCTV footage, witness testimony, and expert testimony.

Sometimes, the driver who deliberately braked for no valid reason will even admit it at the accident scene. After all, they are already angry because they believe the other driver was tailgating. Besides this, some people mistakenly believe that the driver of a car behind them is automatically at fault if they are rear-ended. 

The Question of Tailgating in Brake Check Accidents

If the driver who rear-ended the other vehicle in a brake check accident was tailgating, they were also breaking Washington law. They may share some fault for the accident. Since they would not have struck the other car had its driver not braked, they may not be seen as the ones with the largest share of fault. 

At the same time, appropriate following distances are sometimes affected by traffic conditions, speeds, and road conditions, further complicating the matter. For example, at low speeds in heavy traffic, shorter following distances can be appropriate, as time, rather than distance, is the primary concern. 

What to Do If You Were Involved in an Accident Because the Car Ahead Brake-Checked You

The first thing to know is that you are not automatically considered liable for a collision just because you were driving behind the car whose driver brake-checked you. At the same time, police and insurance companies may take the easy way out, deciding that you are entirely to blame. 

You will need an experienced car accident lawyer to investigate your case and represent you. They should be willing to examine your evidence and search for more proof that you were the victim of aggressive braking and were not driving recklessly. This will reduce or eliminate your liability, shifting it to the other driver, and is important to any accident settlement. 

If you were hurt, you may be eligible for compensation, but you must first show that the other driver was liable. Washington is a pure comparative fault state. That means that if fault is shared, you can still get compensation. For example, if you were 1% to blame, you could recover 99% of your damages, and if you were 99% to blame, you could only recover 1%.

Since this type of accident is extremely complex, and settlements are often a financial necessity after being injured, it is wise to have a car accident lawyer to protect your rights.