Two of the most dangerous behaviors on the road include brake-checking and tailgating. Within the past few weeks, at least two New Jersey drivers have caused near-misses or serious accidents after engaging in this misconduct. If you were recently brake-checked or tailgated by a driver in New Jersey, you already know how dangerous this behavior can be. In this situation, a personal injury lawsuit against the driver responsible for your injuries may be possible. You may want to discuss this possibility in more detail with an experienced New Jersey auto accident lawyer.
Truck Driver Dies on I-295 After Allegedly Being Brake-Checked
In April of 2026, multiple sources reported that a truck driver had lost his life on I-295. Immediately after the crash, sources did not reveal why the trucker suddenly veered off the road and into a concrete support column underneath an underpass. However, allegations began to emerge involving another driver who reportedly “brake-checked” the trucker moments before the fatal collision.
These allegations became clear after a family member provided more insight into the crash on the victim’s GoFundMe page. On this page, the family member wrote that her loved one was forced to slam on the brakes and “sacrifice his life” because another motorist brake-checked him near the overpass. In other words, the family member alleged that the trucker chose to crash his vehicle into the support column instead of striking the driver ahead of him. If this is an accurate account of what happened, this selfless behavior cost the victim his life.
While authorities say that they have not been able to verify these allegations, the family may wish to explore this further during a wrongful death claim against the negligent driver. One would assume that the negligent driver’s license plate number was captured by the truck’s dashcam. That being said, reports did not indicate whether the negligent driver was detained or charged by police at the scene. If another driver was involved in the crash, they may have committed a felony by fleeing the scene of a fatal accident. Hopefully, the family will eventually achieve a sense of justice and closure, and the investigation will vindicate their allegations.
“Aggressive Driver” Repeatedly Brake-Checks Motorcyclist in New Jersey
Also in April, AOL reported that footage of an “aggressive driver” and a motorcyclist had gone viral. The road rage incident reportedly occurred in New Jersey, and it involved the driver of the passenger vehicle repeatedly brake-checking the motorcyclist. Although this did not result in an accident, the driver’s dangerous conduct could have easily injured or killed the frustrated motorcyclist.
The footage shows the driver swerving back and forth across lanes, refusing to let the motorcyclist pass. The driver also appears to force the cyclist out of their lane on numerous occasions, effectively pushing them around on the road. The driver also brake-checks the motorcyclist repeatedly, risking a serious accident each time.
Amazingly, the motorcyclist remained relatively calm in this situation and tried to keep their distance from the vehicle. Finally, the rider spots an unmarked police cruiser and attempts to draw attention to the reckless driver. This succeeds, and (according to the caption in the video) the authorities pull the driver over shortly thereafter.
Is Brake-Checking a Form of Negligence?
Brake-checking is both illegal and a form of negligence. In terms of the criminal justice system, brake-checking likely falls under “reckless driving” in New Jersey, potentially leading to serious fines and months in jail. The most serious criminal penalties are reserved for those who cause serious injuries or death by brake-checking. This offense falls under “Jessica’s Law,” and it can result in up to five years in prison.
In terms of civil courts, brake-checking is a clear form of negligence, allowing victims to sue those who cause accidents by brake-checking. Although a civil lawsuit cannot put someone behind bars, it can help you cover your medical bills, lost income, and non-economic (psychological) damages.
Can a New Jersey Auto Accident Lawyer Help Me?
If you want to take legal action after a crash caused by a brake-checking or tailgating driver, consider speaking with an auto accident lawyer in New Jersey. During a consultation with your lawyer, you can describe exactly what led up to your crash. Your lawyer can then guide you toward justice and compensation, ensuring access to medical treatment and coverage of your damages. Learn more about the next steps in this process by contacting Lependorf & Silverstein, P.C. at (609) 240-0040. You can also find our firm online.
The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over thirty years.
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