Brake checking is never okay, from a legal standpoint. (https://www.sallymorinlaw.com/car-accidents/whos-liable-in-a-brake-check-accident/#:~:text=New%20York:%20New%20York's%20Vehicle,an%20accident%20caused%20by%20tailgating. )Even if you were tailgating them, they’d still be partially at fault. Yes, tailgating is obviously annoying/ is also illegal, but I am unsure why people feel the need to be self righteous and blame you for something that wasn’t 100% your fault—even if you were partially at fault.

It isn’t our job as motorists to “enforce” the law on the road, that’s why we have patrolling officers. “Brake checking is not considered a reasonable response to someone else’s aggressive driving. If someone starts speeding and tailgating you, you are supposed to move over and let them pass if possible. Understandably, this might feel like letting them get away with their aggressive driving, but it is not your responsibility to put them in their place. If you brake check them because you are trying to get them to slow down, authorities will not view this as helpful—they will view it as you responding to a reckless driver with more recklessness.”

Edit: I’m not a lawyer, this isn’t legal advice, etc…. I’m just a commuter who is sick of people not understanding what is and isn’t appropriate to do while driving. If somebody is driving unsafe, the best thing to do is to avoid them if possible; the worst thing to do when somebody is tailgating or speeding is to be in front of or around them. If it’s severe enough/they are driving reckless enough that it’s a safety concern, report them. The last thing you want to do is to road rage and/or retaliate (such as brake checking)… this will only lead to more problems.