Brake checking is an aggressive driving behavior that remains a common cause of rear-end accidents and road rage incidents across Washington State. Whether triggered by frustration or used as retaliation, brake checking often results in serious collisions, injuries, and complex legal disputes.
Understanding how Washington law treats these types of car accidents accidents in Seattle is essential for anyone involved in or affected by them.
What Is Brake Checking?
Brake checking occurs when a driver intentionally slams or taps on their brakes to warn, intimidate, or retaliate against the vehicle behind them, usually in response to tailgating or a perceived slight. This sudden, unnecessary braking can leave the following driver with little or no time to react, often resulting in a collision.
This behavior is especially dangerous at highway speeds, in heavy traffic, or during poor weather conditions. Even if no contact is made, brake checking can cause the trailing driver to swerve, lose control, or become involved in secondary crashes.
The Dangers of Brake Checking
While rear-end collisions are often considered minor, those involving brake checking can be severe due to the unexpected nature of the stop. Common injuries include whiplash, concussions, back and spinal cord injuries, broken bones, and soft tissue damage. Victims may also suffer long-term physical and emotional consequences, including chronic pain and anxiety while driving.
Financially, these crashes can lead to significant medical expenses, lost wages, vehicle repair costs, and long-term treatment. Emotional trauma can be just as debilitating, often requiring therapy or counseling.
Is Brake Checking Illegal in Washington?
Brake checking is considered a form of reckless driving under Washington law. Reckless driving occurs when someone operates a vehicle “in willful or wanton disregard for the safety of persons or property.” Deliberately causing another driver to crash through aggressive braking clearly falls within this definition.
In addition to possible criminal penalties, a driver who brake checks may be held civilly liable for injuries, property damage, and other losses resulting from the crash.
Determining Fault in Brake-Checking Accidents
Typically, rear-end collisions are presumed to be the fault of the driver who crashes into the back of another vehicle. This presumption exists because drivers are expected to maintain a safe following distance and be able to stop in time to avoid a collision. However, in cases involving brake checking, this assumption may not apply.
Washington State follows the principle of pure comparative fault, which allows blame to be shared among multiple parties. If the lead driver acted recklessly by brake checking, and the trailing driver was tailgating, both may share responsibility, but damages awarded would then be reduced by each party’s percentage of fault.
Evidence Needed to Prove Brake Checking
Since the initial assumption in rear-end accidents is that the rear driver is responsible, proving that brake checking occurred is crucial. Strong evidence can shift fault to the lead driver. Key types of evidence include:
- Dashcam footage: Video showing the front driver braking suddenly without cause can be compelling.
- Eyewitness accounts: Passengers or nearby drivers may provide valuable testimony about the lead driver’s behavior.
- Police reports: Law enforcement officers may note signs of aggressive driving or cite the lead driver for reckless conduct.
- Accident reconstruction: Experts can analyze skid marks, vehicle damage, and other physical evidence to determine what happened.
- Electronic vehicle data: Some modern vehicles record sudden deceleration, which can help support a claim of brake checking.
The more documentation available, the stronger the case for demonstrating that brake checking, not tailgating, was the primary cause of the crash. This can help ensure you get the case results you deserve.
Common Injuries in Brake-Checking Accidents
Even when seat belts and airbags function properly, the abrupt nature of brake-checking accidents can lead to a range of injuries. These may include:
- Neck and back injuries (especially whiplash)
- Herniated discs or spinal trauma
- Head injuries, including concussions
- Facial injuries from airbag deployment
- Broken ribs, wrists, or collarbones
- Soft tissue injuries that may not present immediately
In many cases, these injuries require extensive treatment and physical therapy, with symptoms sometimes lasting for months or years.
Compensation for Victims
Victims of brake-checking accidents in Washington may be entitled to both economic and non-economic damages. Economic damages cover direct financial losses such as:
- Medical bills and rehabilitation costs
- Lost wages and future income
- Property damage (e.g., vehicle repairs)
Non-economic damages address more subjective impacts, such as:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Emotional distress
In certain cases where the driver acted with extreme recklessness or malice, punitive damages may also be available to further penalize the offender.
What To Do After a Brake-Checking Accident
Your actions immediately after a crash can influence the outcome of any legal claim. Here’s what to do:
- Call 911 to report the accident and request medical help if needed.
- Exchange information with the other driver, but avoid discussing fault.
- Take photos of the vehicles, road conditions, skid marks, and traffic signs.
- Speak to witnesses and collect their names and contact information.
- Request a copy of the police report, as it may document the incident in detail.
- Preserve any dashcam footage or surveillance video from nearby buildings.
- Seek medical attention, even if you don’t feel hurt right away—many injuries appear hours later.
These steps can help preserve evidence and ensure you receive fair treatment under Washington law.
Can You Still Be Sued if You Were Brake Checked?
Even if the other driver brake-checked you, they—or their insurer—may claim you were following too closely or distracted. That’s why it’s important to gather as much supporting evidence as possible. Comparative fault rules do not automatically absolve either driver but instead allow for a nuanced analysis of each party’s actions.
Do not forget to work with a team that will protect your rights and is experienced in these types of claims.
Preventing Brake-Checking Incidents
To reduce the risk of being involved in a brake-checking-related accident:
- Maintain a safe following distance at all times
- Remain calm and avoid retaliatory driving behavior
- Don’t engage with aggressive drivers—slow down or change lanes
- Install a dashcam to capture incidents objectively
- Report dangerous drivers to local authorities when it is safe to do so
Avoiding escalation and keeping a cool head behind the wheel can help protect you and others on the road.
Understanding Your Rights After a Brake-Checking Crash
Brake checking is an aggressive and illegal driving behavior that endangers everyone on the road. In Washington State, it can lead to both criminal penalties and civil liability. If you’re involved in an accident where brake checking may have played a role, it’s essential to understand how state law views fault, how to gather proper evidence, and what compensation may be available.
Contact Our Car Accident Law Firm in Seattle, WA
For more information, contact an experienced car accident lawyer at Darrell Cochran Personal Injury Lawyer to schedule a free initial consultation. We have convenient locations in Seattle and Tacoma, Washington.
Darrell Cochran Personal Injury Lawyer – Seattle
701 5th Ave Suite 4300A, Seattle, WA 98104
(253) 948-0250
Darrell Cochran Personal Injury Lawyer – Tacoma
909 A St Ste 700, Tacoma, WA 98402
(253) 264-0225