Is Brake Checking Illegal in California?

Our firm often hears a common question: “Is brake checking illegal in California.”  The short answer to such a question would be yes. It is against the law and could result in severe legal consequences. According to California law, this kind of reckless act- brake checking-being in deliberate contemplation, slamming on one’s brakes for a car behind yours to come to an abrupt stop- is dangerous and illegal. If you’ve been involved in a brake-checking incident in Vacaville, CA, The Cartwright Law Firm, Inc. is here to help you navigate your legal options.

What Does California Law Say About Brake Testing?

Brake checking is a violation of California Vehicle Code Section 22109. Under this statute, it is provided that “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 an opportunity to give the signal.” Violating this law can lead to liability in accidents caused by reckless or unnecessary braking.

Brake checking is a type of reckless driving, and depending on the severity of the accident, such drivers could be fined, have points on their license, and even face criminal charges. Those victimized by these brake-checking accidents generally suffer from substantial property damages and personal injuries; thus, there is an expectation to hold these negligent drivers accountable.

Legal Consequences of Hitting Someone Who Brake Checks You in California

If someone brake checks you and you hit their vehicle, you might initially feel like the at-fault party. However, the reality is more complex. California follows a comparative negligence system, which means fault can be shared between drivers. If the driver who brake-checked you acted recklessly, they might bear partial or full liability for the crash.

Documenting evidence is critical in these situations. Dashcam footage, eyewitness accounts, and expert accident reconstruction can help establish the other driver’s fault. Our experienced legal team at The Cartwright Law Firm, Inc. can help protect your rights and ensure you receive the compensation you deserve for your injuries and damages.

Is Tailgating Against the Law in California?

Yes, tailgating is illegal in California. Under California Vehicle Code Section 21703, drivers must maintain a safe distance between their vehicle and the one ahead to avoid collisions.

Tailgating is a leading cause of aggressive driving incidents, often escalating into dangerous confrontations, including brake checking. Both actions are considered reckless driving and can lead to serious penalties. As a driver in California, it’s essential to remain aware of your following distance and avoid retaliatory actions, such as brake checking, if someone is tailgating you.

Is It Wise to Brake Check a Tailgater?

No, it is never wise to brake check a tailgater. While tailgating is undoubtedly frustrating and unsafe, brake checking only escalates the danger for everyone involved. Instead of deterring the tailgater, brake checking can provoke road rage, increase the likelihood of a rear-end collision, and expose you to legal liability.

In California, drivers who brake check can be charged with reckless driving and held financially responsible for accidents. Moreover, even if the tailgater is partially at fault, your intentional brake checking could reduce your ability to recover damages in a subsequent claim. Staying calm and finding safe ways to address the situation is always the better option.

Safe and Legal Ways To Handle Brake Checking Incidents

When confronted with a brake-checking situation or an aggressive tailgater, here’s what you can do to protect yourself:

• Maintain a Safe Distance: Stay far enough behind to stop safely if the driver in front brakes suddenly.
• Avoid Retaliation: Refrain from aggressive behaviors like speeding up or brake checking.
• Report Aggressive Drivers: Call local law enforcement to report reckless drivers and provide details about the incident.
• Document the Incident: If you’re involved in an accident, gather evidence like photos, witness statements, and video footage to support your case.

Staying calm and focused is key to navigating these situations safely. Defensive driving and awareness can help you avoid escalation and protect yourself from accidents and legal repercussions.

Contact Our Skilled California Car Accident Lawyers Today

If you’ve been involved in a brake-checking incident or any car accident in Vacaville, CA, you deserve legal guidance tailored to your needs. At The Cartwright Law Firm, Inc., our experienced team is here to advocate for your rights and ensure you receive the compensation you deserve. Visit us today for a free consultation at 222 Front Street, 5th Floor. San Francisco, CA 94111, let us help you take the first step toward justice.