Motorists who are aggressively followed by another vehicle are being warned they could face severe penalties if they react in a dangerous way, despite being the initial victim of tailgating.
The dangerous temptation of brake checking
Tailgating, where a driver follows another vehicle far too closely, is widely cited as one of the most infuriating and intimidating experiences on UK roads. The instinctive reaction for many pressured drivers is to slam on the brakes to warn the person behind them, an act known as brake checking or brake testing.
However, motoring experts have clarified that this retaliatory action is itself a dangerous manoeuvre and a potential breach of the law. Andy Goodson, a specialist from Lexham Insurance, emphasised the risks on 18 January 2026.
"While it can be uncomfortable and frustrating to have a motorist following you close behind, it’s important to resist the temptation to brake check them," Goodson advised. "The short distance leaves them very little time to respond, running the risk of a traffic collision and potentially serious harm."
Legal consequences for the victim
Critically, even if a collision is triggered by another driver's tailgating, the motorist who performs the brake check could be held legally responsible for the ensuing crash. This action could be interpreted by authorities as dangerous driving.
The repercussions for such a judgement are severe and can include:
- A substantial fine, potentially running into thousands of pounds.
- Three penalty points endorsed on the driver's licence.
- In the worst cases, a possible driving ban.
"Regardless of how others behave on the road, safety should always remain the top priority," added Goodson.
Expert advice for handling tailgaters safely
Instead of engaging in a risky confrontation, experts urge drivers to adopt a calm and defensive approach. The recommended course of action is to signal and move over when it is completely safe to do so, allowing the tailgating vehicle to pass.
If feeling intimidated or losing concentration, the safest response is to pull over at the earliest safe opportunity to let the vehicle go by, even if it means taking a slight detour.
Andy Goodson concluded: "Ultimately, brake checking is not worth it for the sake of trying to get a motorist to back off. This way, you can quickly and safely remove the risk from your journey without it turning into a dangerous situation."
He also recommended that drivers consider investing in a dash cam. Having video evidence can provide crucial protection by documenting the tailgating behaviour, should any legal dispute arise from an incident.
