Chris Hammons | July 18, 2025 | Car Accidents
Of the many potential causes of car accidents in Oklahoma, brake checking is one of the most egregious because it involves an intentional act by the at-fault driver. Brake checking can lead to serious car accidents and life-changing injuries. Here’s everything you need to know.
What Is Brake Checking?
Brake checking occurs when a driver suddenly slams on the brakes. The difference between brake checking and braking abruptly is that “checking” someone is often done to intimidate or punish the driver behind them. While it might seem like a minor road rage tactic, it is extremely dangerous.
Brake checking can easily lead to a rear-end collision or multi-vehicle crash, especially if it happens at high speeds. Drivers may brake check out of anger, frustration, or to make a point. Regardless of the violator’s justification, the move often leaves trailing drivers without enough time to act.
This creates a high risk of property damage, bodily injury, or even death.
Is Brake Checking Illegal in Oklahoma?
Brake checking isn’t specifically listed in Oklahoma law. However, intentionally brake-checking another driver can fall under Oklahoma’s reckless driving laws. Drivers are prohibited from engaging in wantonly careless or negligent behavior.
Violating this law can result in a criminal traffic violation, which is punishable by between 5 and 90 days in jail and a fine ranging from $100 to $500. If the act leads to a crash and causes injuries, the penalties may be enhanced. Subsequent convictions for reckless driving can also lead to harsher penalties.
How Brake Checking Causes Car Accidents
Brake checking forces the trailing driver to react quickly. Unfortunately, they may not be able to brake in time, especially if nothing that they observe regarding the flow of traffic indicates that they will need to slow down. Here are some ways that brake checking can play out:
- Rear-end crashes due to reduced reaction time
- Chain-reaction crashes in congested traffic
- Sideswipe accidents when trailing drivers swerve
In traditional rear-end collisions, the trailing driver is often assumed to be at fault. However, brake checking can shift liability to the lead driver.
Brake Checking vs. Following Too Closely
Following too closely is a common crash scenario. It occurs when the trailing vehicle is too close to the lead driver and is unable to slow down, stop, or otherwise adjust to changing flows in traffic. This can lead to a rear-end crash in which the liability typically falls on the trailing driver.
Brake checking can also lead to a rear-end crash. Unfortunately, it can be difficult to differentiate between the two. Therefore, it’s up to you to leave an adequate gap between your vehicle and the vehicle directly in front of you.
Who Is at Fault in a Brake-Checking Accident in Oklahoma?
To prove that the lead vehicle was at fault, investigators and attorneys may consider:
- Dashcam footage
- Eyewitness testimony
- Vehicle damage analysis
- Traffic or surveillance camera footage
- Electronic data from the vehicle’s onboard event data recorder
If a driver intentionally brake checks you and it leads to an accident, you may be able to pursue compensation. Any civil action you take will be separate from any criminal penalties that the person incurs.
How Comparative Negligence Works
Oklahoma follows a modified comparative negligence rule. According to this law, you won’t be banned from recovering damages for injuries you contributed to unless your share of fault was less than 51%.
For instance, if you were 51% at fault, you could not recover damages. However, if you were 30% at fault, you would still have a right to pursue compensation.
Injuries Commonly Caused by Brake Checking
Brake checking can result in a range of injuries, especially if the accident occurred at high speed. Some examples are:
- Whiplash
- Soft tissue damage
- Head and traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Facial trauma
- Emotional distress or PTSD
Fatal crashes can also lead to wrongful death claims.
Proving a Brake-Checking Claim in Oklahoma City
Unless the lead driver blatantly admits to brake checking you, you’ll need to prove liability using a variety of physical and digital evidence. Some examples are:
- Dashcam footage that shows intentional, unnecessary braking
- Police reports that document the other party’s reckless driving behavior
- Witness statements
- Skid marks
You can proactively protect yourself from careless or reckless behavior by investing in a dash camera for your vehicle. These devices have become far more affordable and are widely available. A dash camera can provide invaluable video evidence in the event you are brake-checked by a reckless driver.
Can You Sue Someone for Brake Checking?
Yes, you can sue someone for intentionally brake checking you if their actions caused property damages and/or injuries. Some losses you may be able to recover damages for include lost wages, property damage, medical bills, and pain and suffering.
However, the key to a successful claim involves establishing negligence. Your attorney must demonstrate that the other party behaved negligently or acted with reckless intent. Those are prerequisites for filing a personal injury claim in brake-checking crashes.
Safeguarding Yourself From Brake Checking
Unfortunately, you cannot control other drivers’ actions while out on the road. However, you can take steps to minimize your risk of being in an accident due to brake checking. Leave plenty of space between the front of your vehicle and the rear of the vehicle directly in front of you.
Adjust the amount of space based on how fast you are traveling and weather conditions. For instance, you’ll need extra braking time when driving on wet roads. If you are injured in a car accident and believe that the other driver brake-checked you, inform law enforcement so that your concerns can be documented in the traffic crash report.
Use the insights above to enforce your rights and hold other parties accountable for their negligent or reckless behavior. For further help and to schedule a free consultation with a car accident lawyer, contact Laird Hammons Laird Personal Injury Lawyers.
Contact Our Car Accident Lawyers at Laird Hammons Laird Trial Lawyers for a Free Consultation
For more information, please contact an experienced car accident lawyer at Laird Hammons Laird Personal Injury Lawyers to schedule a free initial consultation today. Our law office is located in Oklahoma City.
We proudly serve Oklahoma County, OK and its surrounding areas:
Laird Hammons Laird Personal Injury Lawyers – OKC
1332 SW 89th St,
Oklahoma City, OK 73159
(405) 703-4567