Is Brake Checking Illegal in California?

Brake checking is a dangerous and aggressive driving maneuver that startles and frustrates drivers. While it may seem like a momentary act of frustration or retaliation, brake checking can have serious legal consequences in California. It’s not only irresponsible, but in many cases, it’s illegal and may be treated as reckless driving or even assault with a vehicle.

What Is Brake Checking?



Brake checking is when a driver who feels another car is following too closely, abruptly slams on their brakes to force the trailing driver to back off or even cause them to rear-end their vehicle. While the driver doing the brake check might think they’re teaching the other driver a lesson, they’re actually putting themselves and others at serious risk. This is because of the fact that brake checking accidents tend to cultivate road rage and reckless accidents and it can lead to a variety of accidents such as rear-end collisions, multi-car pileups, and even fatal car accidents. 

Is Brake Checking Illegal in California?

Brake checking is illegal in California under several laws and legal doctrines. While there is no specific statute that uses the term “brake checking,” the behavior can fall under a number of dangerous driving offenses. For example, California Vehicle Code 23103 outlines and defines the state’s stance on reckless driving, specifically saying that a person who willfully drives a vehicle with the disregard of other’s safety is committing the act of reckless driving and the act of brake checking can fall underneath this definition. 

Depending on the nature of the brake checking accident California Penal Code 245 (a)(1) (assault with a deadly weapon) may apply. In these cases, the car would be classified as the deadly weapon and if the maneuver is intended to intimidate, injure, or harm another driver, prosecutors may pursue criminal charges. While this is rare, it could apply in cases of road rage when there's evidence of intentional harm or a pattern of road rage behavior.

Can You Be Held Liable for an Accident Caused by Brake Checking?

A driver who brake checks another vehicle can absolutely be found liable for any resulting accidents, injuries, or damages. In personal injury claims, brake checking can be presented as:

• 
  Negligence
• Intentional misconduct
• Reckless endangerment
  
  

In rear-end collisions, California law does not automatically blame the rear driver, especially if it can be shown that the front driver acted erratically or dangerously. With that in mind, if you have been involved in a brake checking accident, it is important to use the evidence such as dashcam/surveillance footage, eyewitness testimony, and police reports to prove that the accident wasn’t your fault.

Is the Rear Driver Always at Fault in a Brake Checking Crash?

While rear-end collisions usually result in citations for following too closely, California courts recognize that fault depends on the context. California Vehicle Code 21703 dictates how tailgating is unlawful, but if a lead driver intentionally brake checks without a valid reason, they may be found fully or partially at fault. California’s comparative negligence law allows for shared fault, which means both drivers could bear some responsibility reducing potential recovery depending on the degree of blame.

What Should I Do If I’m the Victim of a Brake Check Accident?

If you believe you were brake checked and it caused an accident, take the following steps:

1. Call 911 and file a police report. Be honest and calm in explaining the situation.
2. Document the scene by taking pictures of the vehicles, skid marks, and any relevant traffic signs.
3. Look for witnesses and get contact information from anyone who saw the incident.
4. Check for video footage such as dashcams, traffic cams, and business surveillance that may have captured the maneuver.
5. Seek medical attention, because even minor crashes can cause hidden injuries like whiplash or concussions.
6. Consult a personal injury attorney. An experienced lawyer can help gather evidence, negotiate with insurers, and fight for fair compensation.

What Should I Do If I Was Involved in a Brake Checking Accident?

Brake checking is illegal in California and while the law may not use the phrase “brake checking,” the behavior clearly violates multiple vehicle codes related to reckless driving, unsafe stopping, and assault with a vehicle. If you've been injured in a crash where brake checking may be involved, the legal team at Frank Penney Injury Lawyers is here to help. With decades of experience representing accident victims, we understand how to prove fault and get people on the path of recovery effectively. 

 Contact us today at 888-888-0566 or by filling out our online contact form for a free case consultation!