Brake checking, sometimes called brake testing is when a driver sharply hits the brakes, intending to make the driver behind (a) crash into them or (b) swerve out of the way. In terms of insurance claims, the driver behind would almost certainly be found at fault for not leaving enough space or failing to react in the event of an emergency.
Brake checking isn't only a problem for us road users, it's an issue for racing drivers as well. Those who are fans of Formula 1 will remember when Lewis Hamilton allegedly brake-tested Sebastian Vettel at the 2017 Azerbaijan Grand Prix, which led to the now famous 'He brake tested me!' radio message.
Is brake checking illegal?
Brake checking is very much illegal since it is classed as dangerous driving. Dangerous driving can carry an unlimited fine and a two-year prison sentence. In the event that someone dies as a result of a brake check, the maximum sentence for causing death by dangerous driving is 14 years.
Why do some drivers brake check?
There is never a good reason to brake check. Brake checking is highly illegal and can lead to serious consequences. Nevertheless, people do unfortunately do it. Here are some of the reasons:
Crash for cash
A common scam is to brake check to deliberately cause an accident in order to get an insurance payout or cash for a damaged vehicle. Scammers like this tend to target lorries since they take longer to stop and therefore would be more likely to crash.
Road rage
Sometimes plain old road rage is why people brake test. But of course, if you find yourself frustrated behind the wheel, it's always best to remain calm and not cause a crash on purpose!
Tailgating
If you're driving too close to the car in front, they may brake check you as a way of signalling you to move further back and not follow as close.
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