There’s many safety laws that protect people in California from auto accidents, many of which try to lessen the impact of reckless or aggressive drivers. A common tactic in these situations is known as “brake checking,” where they slam on their brakes with you behind them in the hopes that you’ll rear-end them or have to swerve to miss them.
Is Brake Checking Illegal?
As you might expect, brake checking is illegal in California. Under Section 22109 of the California Vehicle Code, a driver cannot:
- Stop suddenly or decrease their speed on a highway without signaling to the drivers behind them.
In real terms, this law is meant to protect you from rear-ending an aggressive driver in front of you, one that–for whatever reason–is not happy with how close you are to them. And while an aggressive or reckless driver is something you may frequently come in contact with on the road, it’s important to think about what to do in this situation.
How To Respond to Brake Checking
Like any situation where you face an aggressive driver, it can be scary when the driver in front of you brake checks you. Most of the time, they’re trying to get you to hit them–so they can then justify their anger. Obviously, your best bet is to try to avoid this situation entirely. So, if you’re being brake checked, here’s what you should do:
- Give them space – You should always keep a safe distance between your vehicle and the one in front of you. This gives you more reaction time in case of sudden stops.
- Stay calm – Don’t let frustration or anger take over. It’s crucial to remain calm and focused on the road.
- Avoid provoking them – Obviously, you shouldn’t respond with aggressive behavior or gestures. This can make the situation worse, and will probably lead to an accident.
- Signal and change lanes – If it’s safe to do so, signal and change lanes to create more space between you and the other driver. Avoid tailgating or retaliatory actions.
- Adjust your speed – If the brake-checking continues, consider adjusting your speed to maintain a safer distance. However, be mindful of the speed limit and traffic conditions.
- Report the driver – If the situation persists or becomes dangerous, consider reporting the incident to the local authorities. Provide details such as the license plate number, location, and a description of the vehicle.
By taking these steps, you can hopefully de-escalate the situation and continue your drive in a safe way. However, in the event that an accident happens with the other driver, you can turn to our team of experienced California car accident lawyers for help.
Contact Maison Law For a Free Consultation
Getting help following a car accident in California is very important, especially when facing significant injuries or other damages. That’s where our experienced team at Maison Law can step in. Our team of California car accident lawyers can guide you through the legal process of recovering damages from an accident, like your:
- Medical expenses
- Lost wages or earning potential
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of companionship
- Repair or replacement cost for your vehicle
We offer legal knowledge, investigative skill, experience in negotiations with insurance companies, and overall support in a tough time.
Our goal is to make sure you’re treated with respect and attention, but above all else, we’re dedicated to easing the burden on you and your family. If you or a loved one has been injured in a California car accident, contact us today for a free consultation.
