We’ve all been there: you’re driving on the highway, and suddenly a car is inches from your bumper. When another driver is tailgating you, it’s frustrating and dangerous. Your first instinct might be to tap your brakes to send a message. But is that a good idea?
Responding to an aggressive driver by brake checking them can escalate a tense situation into a serious rear-end collision. When that happens, determining who is at fault isn’t always straightforward. Is it the tailgater, or the driver who slammed on their brakes?
This guide covers everything you need to know about brake check accidents, liability, and your legal rights in California. If you’ve been injured in a rear-end collision and have questions, the team at Sally Morin Personal Injury Lawyers is here to help.
What Is Brake Checking?
Brake checking is what occurs when one driver intentionally slows down and starts pumping their brakes in an effort to get a tailgating car behind them to slow down or go around.
If you hit your brakes to slow down and go the speed limit, this is not brake checking. But if you purposely hit your brakes to go so slow as to aggravate a driver behind you and get them to go around you, this is considered brake checking.
Of course, people might brake check for other reasons besides a tailgating driver. But it most often happens when a driver is speeding and tailgating, and the driver in front of them intentionally slows down to pester them.
Is Brake Checking Illegal?
Technically, yes, brake checking is illegal.
In California, there are strict laws against reckless and careless driving, and brake checking is considered reckless.
California Vehicle Code 22400 also states that “no person shall drive upon a highway at such a slow speed as to impede or block the movement of traffic.”
The driver who is speeding and tailgating is also driving recklessly, yes, but brake checking them is reckless because it could result in a rear-end collision. When drivers start brake checking the car behind them, they also tend to start paying more attention to the driver behind them than to the road in front of them, which may lead to an accident.
And when drivers brake check, they tend to slow down so much as to annoy the driver behind them, which can mean they are violating the California vehicle code stated above.
So even though the tailgating driver is the one initially driving recklessly, this does not make it okay to start brake checking them as this is also illegal and constitutes reckless driving.
Brake Checking Laws in Different States
While brake checking is illegal in California, laws can vary from state to state.
States with Specific Anti-Brake Checking Laws:
- California: California Vehicle Code 22400 explicitly prohibits impeding or blocking the normal flow of traffic, which directly applies to brake checking. Violations can result in fines, points on your license, and even jail time.
- Arizona: Arizona Revised Statutes §28-701 addresses aggressive driving and includes specific language about “stopping or slowing down a vehicle abruptly for no apparent reason.” This directly targets brake checking and can lead to fines and license suspension.
States Where Brake Checking Falls Under Broader Traffic Violations:
- Texas: Texas law doesn’t explicitly prohibit brake checking but categorizes it under aggressive driving, which includes actions like tailgating, unsafe lane changes, and failing to yield the right of way. Penalties can include fines and points on your license.
- Michigan: Michigan law prohibits impeding traffic flow, which could encompass brake checking. Depending on the severity, it could also be considered careless or reckless driving, both carrying hefty penalties.
- Pennsylvania: Pennsylvania’s aggressive driving law is comprehensive, including actions that endanger others or property. Brake checking could easily fall under this statute, leading to fines, points, and potential license suspension.
- Florida: Florida Statutes §316.1923 addresses aggressive careless driving, encompassing actions that demonstrate a “willful or wanton disregard for the safety of persons or property.” Brake checking could be included in this, leading to fines and potential license suspension.
- New York: New York’s Vehicle and Traffic Law §1129 prohibits following too closely (tailgating), and while it doesn’t explicitly mention brake checking, the law emphasizes maintaining a safe distance to avoid collisions. Brake checking could be considered a contributing factor in an accident caused by tailgating.
- Illinois: Illinois law prohibits “driving at such a slow speed as to impede or block the normal and reasonable movement of traffic,” which could be applied to brake checking situations. Additionally, depending on the circumstances, brake checking could fall under reckless driving.
States with Reckless Driving Laws That Encompass Brake Checking:
Many states, even without specific brake checking laws, have reckless driving statutes that can be applied. Reckless driving generally involves operating a vehicle with a willful or wanton disregard for safety. Since brake checking intentionally creates a hazardous situation, it often qualifies as reckless driving.
Important Considerations:
- Severity of the Offense: Penalties for brake checking often depend on the specific circumstances, such as whether it resulted in an accident, injuries, or property damage.
- Interpretation of the Law: Even in states with clear laws, interpretation and enforcement can vary depending on the specific judge, prosecutor, and law enforcement officer involved.
- Evidence: Proving intent is crucial in brake checking cases. Dashcam footage, witness testimonies, and police reports are vital in determining liability.
Regardless of your state’s specific legal framework, brake checking is dangerous and irresponsible. Always prioritize safety and avoid any behavior that could lead to an accident. If confronted with an aggressive driver, try to de-escalate the situation by changing lanes or pulling over when safe to do so.
Who Is At Fault in a Brake Check Accident?
As brake checking is illegal and reckless, you could be held liable if you were brake checking and it caused an accident. If you were brake checking because another driver was speeding and tailgating you, the other driver could also be held liable.
When car accidents occur, there can be more than one party held liable. And in the case of a brake check accident, both the driver who did the brake checking and the driver who did the tailgating will likely be held accountable.
Brake checking is not considered a reasonable response to someone else’s aggressive driving. If someone starts speeding and tailgating you, you are supposed to move over and let them pass if possible.
Understandably, this might feel like letting them get away with their aggressive driving, but it is not your responsibility to put them in their place. If you brake check them because you are trying to get them to slow down, authorities will not view this as helpful—they will view it as you responding to a reckless driver with more recklessness.
What to Do If You’re Brake Checked
If you find yourself being brake checked, it’s crucial to remain calm and prioritize safety. Avoid retaliating with aggressive maneuvers. Instead, focus on maintaining a safe distance, slowing down gradually, and, if possible, changing lanes to avoid further interaction with the reckless driver. If necessary, you can document the incident and report it to the authorities.
Brake Checking and California Pure Comparative Fault
It’s important to note that if you cause a brake checking accident, this does not automatically bar you from filing a claim to recover compensation for damages, such as medical expenses for injuries or car damage.
California is a pure comparative fault state, which means more than one party can file a claim and recover compensation, even if they are liable for the accident. Your accident settlement would simply be reduced based on your percentage of fault.
So if you were doing a brake check and another driver was tailgating, and you are each found 50% responsible for the accident, your compensation would be reduced by 50%. For example, if you were initially awarded a $40,000 settlement, you would only receive $20,000 because you were 50% at fault for causing the accident.
Penalties for a Brake Check Conviction
The consequences of brake checking extend beyond sharing fault in an accident. If you are cited for brake checking, you could face serious penalties, which vary based on the state and the severity of the incident. These can include:
- Traffic Tickets and Fines: At a minimum, you can expect a costly ticket for reckless driving or impeding traffic.
- Points on Your License: A conviction will add points to your driving record, which can lead to increased insurance premiums.
- License Suspension: Accumulating too many points or a serious reckless driving conviction could result in the suspension of your driver’s license.
- Criminal Charges: If the brake check causes a serious accident with severe injuries or fatalities, you could face criminal charges, including assault with a deadly weapon (your vehicle) or vehicular manslaughter.
How to Prove a Brake Check Accident Claim
Proving that another driver brake-checked you is crucial for your claim. Insurance companies are often skeptical and may try to place the blame entirely on you for following too closely. To build a strong case, you need evidence.
Here are key steps to take and evidence to gather:
- Dashcam Footage: This is the single most powerful piece of evidence. A video recording that clearly shows the other driver slamming on their brakes for no apparent reason can instantly prove your case.
- Witness Testimonies: Independent witnesses who saw the event can provide an unbiased account of what happened. Be sure to get their contact information at the scene.
- Police Report: Call the police to the scene of the accident. While the police report may not be admissible in court, it is a critical document that contains initial findings, witness statements, and any citations issued.
- No Apparent Hazard: Document the scene. Take photos showing that there were no animals, debris, or other road hazards that would have required the other driver to brake suddenly.
Real Results: $525,000 Recovered for a Rear-End Collision Victim
Experience matters when handling complex accident claims. At Sally Morin Personal Injury Lawyers, we have a track record of securing substantial settlements for our clients. For example, we represented a 34-year-old woman who suffered serious injuries after being pinned in the backseat of a van during a high-speed rear-end collision. Her medical bills were immense, but our team fought for her and secured a $525,000 settlement. While every case is unique, this result demonstrates our commitment to winning high-value compensation for accident victims
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Frequently Asked Questions (FAQ) about Brake Checking
Wondering What Your Case Might Be Worth?
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