Cogburn Davidson Car Accident & Personal Injury Lawyers | March 26, 2025 | Car Accidents
The open roads in Nevada can be a beautiful escape — until they’re not. If you’ve ever been the victim of a sudden, unexpected “brake check,” you know how quickly an idyllic and relaxing drive can transform into a nightmare come to life.
Unfortunately, aggressive driving is common, from the congested streets of Vegas to the long stretches of lonely desert highways. That feeling of helplessness as you brace for impact is something no person should have to experience.
If you’ve been in a car accident caused by brake checking, or you’re simply trying to understand how to protect yourself from this kind of behavior, here’s what you need to know.
Brake Checking: More Sinister Than It Sounds
A “brake check” might sound like merely a friendly tap when it’s anything but — it’s a deliberate and aggressive driving maneuver where a driver intentionally and suddenly slams on their brakes while they’re in front of another vehicle.
At minimum, the intent is to startle, but it’s often deeper than that. A driver might be trying to intimidate or even provoke the person behind them as a form of retaliation for perceived tailgating or other actions. But the consequences can be far more serious than a simple scare.
The fact is that brake checking creates a sudden and unexpected hazard on the road. A driver who is unlucky enough to be behind a brake checker almost certainly won’t have enough time to react, and this can cause a rear-end collision. Even if you crash while moving at a relatively low speed, you can still suffer impact injuries like:
- Whiplash
- Back injuries
- Head injuries, including brain damage
- Death, especially if you’re driving at high speeds
Property damage is also involved; your car can easily get totaled. That goes for the cars behind you, too, since brake checking often leads to the domino effect of pileups.
Though the dangers and damages are variable, the unpredictable nature of brake checking totally eliminates a driver’s ability to anticipate and respond safely.
Is Brake Checking Illegal In Nevada?
Something so dangerous surely can’t be legal, right? Right — Nevada law prohibits reckless and aggressive driving, both of which can apply to brake-checking incidents. Basically, anyone who drives in a way that exhibits a willful or wanton disregard for property or the safety of other people on the road can be held liable for the results.
For example, if the driver in front of you brake checks you, but you were driving very fast or tailgating them, you could be held partially liable for the resulting accident.
Staying Safe From Aggressive Drivers on the Road
There’s no way to guarantee you’ll be 100% safe on the road — accidents happen to even the most diligent and careful drivers. But staying aware of your surroundings, practicing defensive driving, and never engaging in aggressive or reckless driving might just keep you safe from brake checkers.
People sometimes do wrong or even horrible things out of emotion or impulse, not considering the consequences. Remember that if someone tries to brake-check you and is driving aggressively, they have broken the law, and you might be eligible to receive compensation for any resulting injuries.
Contact the Las Vegas Car Accident Lawyers from Cogburn Davidson Car Accidents and Personal Injury Lawyers for Legal Help Today
For more information, please contact our Las Vegas car accident attorneys at Cogburn Davidson Car Accidents and Personal Injury Lawyers to schedule a free consultation today.
We proudly serve Clark County and throughout Nevada:
Cogburn Davidson Car Accident & Personal Injury Lawyers Las Vegas
2300 W Sahara Ave Suite 800-816, Las Vegas, NV 89102
(702) 996-4786
Open 24 hours
Cogburn Davidson Car Accident & Personal Injury Lawyers Henderson
2580 St Rose Pkwy Suite 330, Henderson, NV 89074
(702) 541-9766
Open 24 hours
