Is Brake Checking Illegal in Illinois?

Yes, brake checking is illegal in Illinois. It’s considered a form of reckless and aggressive driving and can result in fines, criminal charges, license suspension, and civil liability if it causes an auto accident. Although some drivers use brake checking as a way to retaliate against tailgaters, Illinois law doesn’t see it as justified under any circumstances.

This article breaks down what brake checking is, why it’s so dangerous, the relevant traffic laws in Illinois, what to do if you’re injured in a brake checking accident, and how a Chicago car accident lawyer can help you seek compensation.

What Exactly is Brake Checking?

Brake checking is when a driver brakes suddenly without a legitimate reason, typically to send a message to a following driver who they believe is driving too close (tailgating). This sudden braking is an aggressive driving tactic often fueled by road rage or frustration.

This behavior is different from braking suddenly for a legitimate hazard, like an animal in the road or a vehicle suddenly stopping ahead. Brake checking is intentional, done in such a manner that it puts the driver and other drivers at risk.

Why is Brake Checking Dangerous?

Brake checking creates an immediate and high-risk traffic hazard, especially in high-speed traffic conditions. It forces the rear driver to respond with little or no warning, often causing a rear-end collision.

The dangers of brake checking include:

• High risk of rear-end accidents due to limited reaction time
• Severe injuries such as whiplash, soft tissue injuries, spinal trauma, or head injuries
• Multi-vehicle pileups in congested areas
• Damage to both vehicles and threats to the bodily safety of everyone involved

Even if no one is hurt, property damage and escalating road rage can follow, leading to legal disputes or physical confrontations.

Illinois Law and Brake Checking

Brake checking falls under Illinois’ definition of reckless and aggressive driving, which is outlined in 625 ILCS 5/11-503. This statute defines reckless driving behavior as operating a motor vehicle with a willful or wanton disregard for the safety of persons or property.

Brake checking involves intentionally engaging in behavior that can cause harm — it checks all the boxes for reckless and aggressive driving behavior. If the brake-checking accident causes severe injuries, the driver could face felony charges under Illinois law.

In addition, Chicago Municipal Code 9-40-150 governs following too closely and may also be used when assessing liability in a brake-checking accident.

Is it considered Road Rage?

Yes — in most cases, brake checking is a manifestation of road rage. It’s not just illegal in Illinois — it’s a form of aggressive driving that’s both retaliatory and emotionally fueled. These behaviors put the safety of everyone on the road at risk and are increasingly being targeted by law enforcement and civil attorneys alike.

Is Brake Checking a Criminal Offense in Illinois?

Yes — depending on the outcome, brake checking can rise to the level of a criminal offense in Illinois. While most brake checking accidents are treated as moving violations or traffic infractions, they may become criminal under the right circumstances.

If the act of brake checking causes a serious bodily injury, prosecutors may file charges under 625 ILCS 5/11-503(c) for aggravated reckless driving. This is no longer just a ticket — it’s a felony with serious implications, including possible jail time and a lifelong criminal record.

In rare cases, if brake checking is tied to insurance fraud or if it’s part of a larger road rage event, charges like assault or reckless endangerment may also apply.

Legal Consequences of Brake Checking in Illinois

Because it qualifies as reckless and aggressive driving, brake checking can carry both civil and criminal consequences, including:

• Traffic tickets for reckless or improper driving
• Fines, which may range from a few hundred to thousands of dollars
• Points on your driving record (leading to higher insurance premiums)
• Driver’s license suspension
• Misdemeanor or felony charges (if the action caused serious injuries or a crash)
• Liability in a personal injury lawsuit

In addition to severe penalties based on criminal and traffic laws, brake checking can have long-term financial consequences. A brake checking conviction may result in:

• Dramatically higher insurance premiums
• A permanent mark on your driving record
• Difficulties renewing or maintaining a commercial driver’s license (CDL)
• Court-ordered traffic school, community service, or even jail time for repeat offenders

If brake checking leads to a crash that causes serious injuries or death, it could escalate to aggravated reckless driving, a Class 4 felony under Illinois law. This carries potential prison time and steep fines, and opens the door to civil liability through a lawsuit.

Brake Checking vs. Brake Test: What’s the Difference?

A brake test is when a driver checks their brakes for mechanical function, usually after service or when the brakes feel “off.” This is a safe and legal action when done in a controlled environment, like a parking lot or low-speed road with no surrounding traffic.

Brake checking, by contrast, is done in reaction to another vehicle and is intended to intimidate or punish a driver behind. That intent makes it an illegal driving practice.

Why Do Drivers Brake Check?

Even though brake checking is illegal in Illinois, a driver might still suddenly stop his or her vehicle for various reasons:

• Frustration with tailgating
• Road rage
• Aggressive driving behavior or a desire to control the flow of traffic
• Insurance fraud (intentionally causing a rear-end accident to file a false insurance claim)
• Misguided attempts at teaching other drivers a lesson

Regardless of the reason, it’s a dangerous practice with serious consequences.

What if a Driver is Tailgating Me? Is Brake Checking Justified Then?

No, brake checking is never justified, even if you’re being tailgated. Illinois law (625 ILCS 5/11-710) does address following too closely, and the tailgating driver may be in violation. But responding with brake checking only creates more danger and shifts the fault onto you.

Safer Alternatives to Brake Checking

If another driver is following too closely, try these safer, legal alternatives:

• Maintain a steady speed without slamming your brakes
• Change lanes when it’s safe
• Gently reduce your speed to encourage the tailgater to pass
• Pull over safely if the tailgating is aggressive or persistent
• Note the license plate and report the behavior to Chicago police (non-emergency: 311)

Always prioritize your bodily safety and that of others overreacting emotionally.

Who is at Fault in a Brake Checking Accident?

Determining fault in a brake-checking accident can be tricky, but in many cases, the driver who engaged in brake checking is primarily liable.

However, Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), meaning fault can be shared. If the rear driver was tailgating, speeding, or distracted, they may share in the blame. If a court finds the rear driver to be more than 50% at fault, they may not be able to recover damages.

In short, fault depends on the facts, which is why gathering evidence is crucial.

Proving a Brake Checking Incident Occurred

Proving the other driver engaged in brake checking can be hard unless you have clear documentation. Helpful evidence includes:

• Dashcam footage from either vehicle
• Witness statements from passengers or other motorists
• Police report, especially if the officer notes suspicious driver behavior
• Auto accident reconstruction reports
• Vehicle “black box” data showing sudden deceleration or speed drops

A skilled car accident attorney will know how to gather and preserve this evidence quickly before it disappears.

Common Injuries from Brake Checking Car Accidents

Brake checking often results in rear-end collisions, which are notorious for certain types of serious injuries, including:

• Whiplash and other neck injuries
• Spinal injuries, including herniated discs
• Traumatic brain injuries (TBI) from head impact
• Broken bones and soft tissue damage
• Facial injuries from airbag deployment
• Psychological trauma, such as anxiety or PTSD

Even seemingly minor car accidents can result in severe injuries with long-term medical consequences, including ongoing medical bills and time off work.

What to Do After a Brake Checking Accident in Chicago

If you’re involved in a brake checking accident, follow these steps:

• Check for injuries and call 911
• Move to safety if possible
• Contact law enforcement to report the incident
• Exchange information but do not admit fault
• Document the accident scene with photos or video
• Get witness names and phone numbers
• Seek medical attention — some injuries aren’t immediately apparent
• Contact a car accident lawyer before speaking to any insurance company

Having documentation from the start helps protect your rights and strengthens your personal injury claim.

Can I Sue for Damages After a Brake Checking Accident?

Yes. Victims of brake checking crashes can file a personal injury lawsuit to recover damages such as:

• Medical bills
• Lost wages and loss of future earning capacity
• Property damage
• Pain and suffering
• Long-term or permanent disability
• Emotional distress and diminished quality of life

Even if you were partially at fault, Illinois law allows recovery if you’re 50% or less responsible.

How Comparative Negligence Works in Illinois

Illinois uses a modified comparative fault system. If you’re found partially at fault in a car accident, your compensation is reduced by your percentage of fault.

For example, if you were awarded $100,000 but found 20% at fault, you’d receive $80,000. If you’re more than 50% at fault, you’re barred from recovery entirely. That’s why it’s so important to prove the brake checker was the primary cause of the crash.

How an Experienced Car Accident Lawyer in Chicago Can Help

Brake checking cases can be hard to prove without strong evidence, especially when insurance companies are skeptical or trying to pin blame on the rear driver.

A skilled Chicago car accident lawyer can:

• Investigate whether brake checking occurred
• Collect and preserve dashcam, witness statements, and vehicle data
• Handle negotiations with the insurance company
• File a personal injury claim or lawsuit if needed
• Maximize your compensation and protect your rights

We work with car accident reconstruction specialists, access traffic camera footage when available, and consult your medical providers to build a strong, evidence-based claim. Our firm is also experienced in dealing with uncooperative or misleading insurance adjusters who may try to downplay the reckless behavior of the brake-checking driver.

From day one, we protect your rights and fight for the maximum compensation you’re entitled to.

Book a Free Consultation

If you were injured in a brake checking accident, you have options. Our legal team at Rosenfeld Injury Lawyers has extensive experience handling cases involving reckless and aggressive driving, including brake checking.

We offer a free consultation, and you pay nothing unless we win. Let us help you recover the damages you deserve and hold the reckless driver accountable. Call our Chicago personal injury lawyer team at (888) 424-5757 or fill out our online form to take legal action today.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.