California drivers should not suddenly brake without giving warning to those behind them. When they engage in brake checking to send an aggressive signal to the drivers behind them, they can also be guilty of reckless driving.
Drivers who take this action on purpose can be cited and could have to accept liability in a rear-end collision.
California Vehicle Code goes into the proper way to brake on a highway.
No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.
Brake Checking Dangers
The Vehicle Code requires drivers to signal with their brake lights before slamming on their brakes if they have time. They can use their brake lights, turn signals, or hand signals in some cases.
If they fail to do this because they weren’t paying attention to the road, miss spotting a roadway obstruction, and must come to an abrupt stop, they may be found at fault for causing an accident.
A sudden construction traffic slowdown, or a hazard in the road, may make a sudden stop necessary, but there are other reasons that drivers hit the brakes in front of another car.
Brake Checking: This is the aggressive act of tapping or slamming on the brakes on purpose to send a message to another driver. The driver may be trying to send a hostile message to someone tailgating them. The driver could be unhappy with another motorist’s action at some point, pull in front of that driver, and make a dangerous brake to force the other driver to slow down.
Assigning Blame for Brake-Checking Accidents
Taking deliberate action like this can be in violation of CVC 22109. Officers can cite offenders, and a fine of over $200 (plus expensive court costs) and points on a DMV record might be the price. Reckless Driving charges can contribute to this fine.
If a collision is caused, there are other consequences. In many cases, a rear-end impact is blamed on the driver following behind. But if there is evidence the lead driver was brake-checking, that driver can face full liability for the accident.
They’d be responsible for car repair costs or car replacement expenses. Their car insurer would have to accept liability for an injured victim’s medical bills and lost time at work while they were healing. The insurer may have to provide compensation for the time the victim has to deal with pain and cope with emotional trauma.
Is Tailgating Illegal in California?
Following someone so closely that you won’t have time to stop if they use their brakes is illegal. Under CVC 21703, drivers must take their speed and the traffic levels into consideration when deciding how closely to follow the car in front of them.
Tailgating can also lead to reckless driving charges (including road rage-like behavior). Drivers can repeatedly run up on someone’s bumper to express displeasure or to get them to go faster.
Officers with the CHP must often attempt to determine if a driver in the lead or the driver behind was being aggressive at the time of a collision.
See: How to avoid tailgating in California.
How Can I Prove Someone Was Brake Checking and Caused My Accident?
Officers can have a difficult time determining how an accident was caused. With a rear-end angle collision, they’d often default to blaming the driver coming from behind. They may have no way of knowing the other driver was brake-checking before the crash.
Proof will be key to proving what happened, especially in rear-end accidents.
Evidence is important, especially the details found on the scene before it’s cleared away and cleaned up.
Don’t act unless it’s safe to do so and you feel strong enough, but here’s the type of evidence to grab:
- Call 911: Call 911 and ask for an ambulance if anyone is hurt in any way. Emergency responders and police (or the CHP) will come to the scene, manage it, and provide medical care. An officer should also create an accident report. Make sure you give them the full story of what happened, including if a driver was brake-checking you.
- Get information from others: Trade names, phone numbers, driver’s license details, and insurance info from the other driver (unless an officer provides it to you). If a witness saw what happened, try to get their contact information too.
- Watch What You Say: Never make any comments that could sound like you’re admitting fault for what happened. Even a quick “I’m sorry” can be used against you later. Just stick to the facts and let your California Car Accident Attorney sort it out.
- Take Pictures: Use your phone to take photos and video of the accident scene. Make sure to focus on car damage, skid marks, traffic signs, road conditions, and anything else that seems relevant.
- Save documents and Receipts – Keep hospital bills, medical charts, mechanic quotes, tow receipts, even gas mileage to appointments. It all helps show the impact the accident has had on your life.
Your attorney will also fully investigate what happened and combine details with your evidence. If necessary, Maison Law can work with accident reconstruction teams to show what really caused your accident.
When You Probably Need a Lawyer for Your Case
If you are seriously injured by a driver’s recklessness, it’s a good idea to go over your case with a lawyer. A serious injury may involve a broken bone, neck or back pain that doesn’t go away, or a Traumatic Brain Injury (TBI). A lawyer can protect you from being falsely blamed and often earn you much more than you could win by taking on a car insurance company yourself.
You can talk your case over with our California car accident lawyers in a free case consultation.
There’s no obligation for your meeting. But if you do need our help, you don’t have to worry about how you’ll pay a lawyer at such a tough time. We aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
