Brake checking is an illegal and dangerous maneuver responsible for thousands of traffic accidents each year. This action can lead to serious injuries and significant legal consequences. In California, where reckless driving is an ongoing problem, brake checking remains a common and unsafe practice on the road.
But is brake checking illegal in all states? While most states have laws against reckless driving, the specific regulations and penalties vary. Understanding these legal differences is crucial to knowing your rights and available legal options.
This FAQ provides clear and comprehensive answers to your questions about brake checking. Learn what this maneuver involves, its legal consequences, and how the law protects victims.
If you have been injured in an accident caused by brake checking, our legal team is here to help. Call (800) 310-1606 or submit your consultation online to discuss your case.
What Is Brake Checking?
The meaning of brake checking is straightforward: it refers to an intentional or sudden braking maneuver, making it one of the most dangerous actions on the road. This reckless practice happens when a driver abruptly slams on the brakes, forcing the vehicle behind them to react quickly to avoid a crash.
As we’ll explore below, brake checking is unfortunately more common than many drivers realize. It significantly increases the risk of an accident, putting everyone on the road in danger. According to the National Highway Traffic Safety Administration (NHTSA), data estimates that aggressive driving accounts for about 33% of all traffic crashes, with a fatality rate of 66%.
Is Brake Checking Illegal? California Laws & Regulations
On California’s congested and often chaotic roadways, brake checking is a frequent occurrence. Many accidents are the result of frustrated drivers slamming on their brakes in retaliation for tailgating or aggressive driving. But as common as these incidents are, many people wonder: What is the penalty for brake checking? Why does it happen so often? Is brake checking illegal?
As mentioned above, the reckless nature of this practice is reflected in the laws of almost every state. In California, specific legislation is in place to protect drivers from dangerous maneuvers such as sudden and intentional braking that endangers others.
There are three main laws in California that address brake checking and protect drivers:
- California Vehicle Code (CVC) Section 22109: Prohibits sudden braking without a valid reason. A driver engaging in brake checking could receive a careless driving ticket or face other penalties for negligent driving.
- California Vehicle Code (CVC) Section 23103: Regulates reckless driving and prohibits any maneuver that endangers the safety of others on the road.
- California Vehicle Code (CVC) Section 23110: Penalizes intentional vehicular harassment, such as braking abruptly to provoke a confrontation or cause harm to another driver.
Why Is Brake Checking Dangerous?
Brake checking is one of the most commonly practiced and dangerous driving behaviors, posing a serious threat to everyone on the road. This reckless action not only endangers the driver but also puts passengers, pedestrians, and other motorists at risk. In many cases, it leads to rear-end collisions, which can result in multi-vehicle or chain accidents.
The main dangers of brake checking include:
- Increased risk of rear-end collisions.
- Potential for multi-vehicle or chain accidents.
- Loss of vehicle control, especially on wet roads or at high speeds.
- Premature wear and tear on the brake system and tires.
- Higher likelihood of serious injuries, with whiplash being one of the most common consequences.
- Escalation of road rage incidents, increasing the risk of violent confrontations.
Why Do Drivers Brake Check?
There are several reasons why a driver may engage in brake checking, many of which stem from frustration and aggressive driving. In California, where traffic congestion is a daily challenge, it’s not uncommon for drivers to lose patience and react impulsively.
Common Causes of Brake Checking
1. Road Rage and Aggressive Driving
Reckless driving statistics show that aggressive driving plays a significant role in traffic accidents, with brake checking being one of the most common aggressive driving examples. Whether out of anger, frustration, or a perceived slight, some drivers intentionally and suddenly brake to intimidate or punish the vehicle behind them, greatly increasing the risk of collisions.
2. Frustration, Impatience, or Anger
Emotions have a direct impact on driving behavior. Lack of patience or high levels of frustration can cloud judgment and lead to impulsive actions that endanger everyone on the road.
3. Lack of Driver Education
Some drivers may simply be unaware of the dangers of deliberately slamming on the brakes. A lack of knowledge about defensive driving and traffic laws can lead to reckless behavior.
4. Distractions
While less common, break checking can also be unintentional. A distracted driver who fails to notice a changing traffic situation may react late and brake abruptly, increasing the risk of a crash.
5. Dominance
Some drivers feel entitled to “correct” the behavior of others on the road, using brake checking as a tool of control. This sense of authority forces following drivers to slow down or increase their following distance. As a result, this reckless maneuver fuels anger and significantly raises the risk of a collision.
6. Attempted Fraud
Less frequently, some drivers use brake checking as part of an insurance fraud scheme. By deliberately causing a rear-end collision, they attempt to file fraudulent injury claims and collect compensation.
What to Do If You’re a Victim of Reckless Driving
If you have been involved in a traffic accident due to brake checking or another dangerous driving maneuver, following the right steps can help protect your rights and strengthen your case in a potential lawsuit.
1. Ensure Safety
- Check yourself and your passengers for injuries.
- If your vehicle is in a dangerous position and can be moved, move it to a safe place and activate your emergency lights.
- Call 911 to report the accident and request police and medical assistance.
- Seek medical attention even if you don’t feel any immediate pain. Some injuries take time to show symptoms.
- Ask for a medical report to record your condition.
2. Gather Evidence
- Stay calm and avoid confrontation. Do not make any statements that could be used against you.
- Exchange contact and insurance information with all drivers involved, including license numbers and vehicle registration details.
- Obtain contact details of any witnesses.
- Take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and other relevant details.
- Check for nearby security cameras or dashboard camera footage that may have captured the incident.
3. Document Everything
- Provide the authorities with accurate details to be included in the police report.
- Ask for a copy of the police report, as it will be vital for any legal claim.
- Notify your insurance company about the accident but do not admit fault.
- Consult a lawyer specializing in traffic accidents caused by brake checking. They can guide you through the legal process and help you pursue the compensation you deserve.
Who Is at Fault in a Brake Check Accident?
Brake checking is a clear example of aggressive driving, and in many cases, the driver performing the maneuver is responsible for the accident. However, determining fault in a rear-end collision caused by brake checking can be complex without the assistance of an experienced personal injury attorney. Below are the key factors that determine liability in brake check accidents:
1. The Driver Performing the Brake Check
In most cases, the driver performing the brake check is held responsible for the accident because they intentionally carried out a dangerous maneuver. Under California Vehicle Code Sections 23103 and 23110, reckless driving and vehicular harassment are criminal offenses that can result in both penalties and civil liability.
For these laws to be enforced, strong evidence must be presented. If the victim (plaintiff) lacks sufficient proof, the case may not resolve in their favor. This is where an experienced auto accident attorney can make a significant difference by gathering the necessary evidence to ensure justice is served.
2. The Rear-End Driver
In some cases, the rear-end driver may be held liable for the accident. According to California Vehicle Code Section 21703, all drivers are required to maintain a safe following distance to avoid collisions. If there is no clear evidence of brake checking and the rear driver failed to maintain a safe distance or react in time, they could be found responsible for the accident.
3. Cases of Comparative Fault
In certain situations, both drivers may share fault. In fact, California follows a comparative negligence system, which means that liability can be allocated based on the percentage of fault each driver holds. For example, if one driver slammed on the brakes and the other driver failed to keep a safe distance, both may share responsibility for the accident. This apportionment of liability can affect the amount of compensation each party is entitled to receive.
Can You Sue for Sudden Braking?
Anyone injured in a car accident has the right to file a claim, and this is especially true for victims of brake checking. The sudden impact from a brake check can cause serious injuries, particularly in rear-end collisions. As noted earlier, brake checking is both illegal and dangerous, providing valid grounds for a lawsuit.
In order to secure fair compensation, it’s crucial to prove that the intentional braking directly caused the accident and the resulting injuries. For this reason, gathering strong evidence is key to making a successful injury claim, as we’ll explore below.
For victims of brake checking, a lawyer with experience in reckless driving and rear-end collisions is a valuable ally. A skilled legal team can help gather the necessary evidence, build a strong case, and ensure the victim receives the compensation they deserve. They will also work to hold those responsible for the dangerous maneuver legally accountable.
What Compensation Can You Seek?
- Personal Injury.
- Medical Expenses.
- Lost Wages and Income.
- Property Damage.
- Emotional Damage.
- Pain and Suffering.
- Marital Loss.
How Can I Prove Someone Brake Checked Me?
To successfully win a brake checking lawsuit, strong evidence is essential to prove that the abrupt braking was intentional and directly caused the accident. The burden of proof lies with the victim, so gathering as much evidence as possible can greatly influence the outcome of the case.
At Adamson Ahdoot, we specialize in reckless driving accidents, including brake checks. Our injury lawyers focus on collecting vital evidence such as:
- Dashcam Footage: Recordings from your vehicle’s dashcam, and, if available, from the at-fault driver’s vehicle, can be critical in proving that brake checking occurred.
- Surveillance Video: Footage from nearby traffic or business security cameras may have captured the incident or the reckless driving leading up to the crash.
- Witness Statements: Testimonies from other drivers or pedestrians who observed the reckless behavior can offer valuable insight into the incident.
- Photographs and Videos: Images and videos of the accident scene, showing vehicle damage, road conditions, and any debris, can provide key evidence of the crash’s cause and severity.
- Driver’s History: Examining the at-fault driver’s history, including previous tickets or similar incidents, can strengthen your case by revealing a pattern of reckless driving.
Let Adamson Ahdoot Help You
With over 100 years of combined experience, we’re one of California’s top choices for accident victims. Our bilingual team is available 24/7 to help you take the next step. Let us answer your questions and provide you with the legal advice you need.
You don’t have to fight this battle alone. We’ll fight for your compensation while you focus on your recovery. Our experienced attorneys specialize in reckless driving and brake check cases, and will ensure you get the settlement you deserve.
Call us today at (800) 310-1606 to schedule a free consultation. You don’t pay anything unless we win your case.