While some may see it as a way to handle the dangers of tailgating, brake checking is illegal in California. Beyond the potential criminal consequences, this type of aggressive driving behavior raises serious questions for those injured in auto collisions.
If you've been hurt in a crash involving brake checking or aggressive driving, you likely have many questions. What rights do you have? Can someone be held responsible for damages caused by this behavior?
Many of these questions can be answered by speaking with experienced auto accident lawyers during a free case evaluation. They can help assess your situation, explain how the law applies, and guide you toward your legal options for pursuing compensation.
What Is Brake Checking?
Brake checking occurs when one driver intentionally taps their brakes to signal to the driver behind them to back off. It's most commonly used as a response to tailgating when a driver follows another vehicle too closely.
On the surface, this commonly performed driving behavior might seem like no big deal, maybe even a harmless way to "teach a lesson." But this quick action can have very serious consequences:
- Sudden braking can put the tailgating driver at risk of rear-ending the vehicle in front.
- A driver's abrupt stop may cause a ripple effect, leading to multi-car accidents.
- Motorists and passengers can suffer severe auto accident injuries, ranging from whiplash to more catastrophic harm.
While tailgating is undeniably frustrating and dangerous, retaliating with brake checking is not the solution. Both behaviors qualify as forms of aggressive driving, which is widely discouraged on the road for good reason.
Brake Checking and California Traffic Laws: What You Need to Know
Although the term "brake checking" isn't explicitly mentioned in the law, the behavior fits within the categories of reckless and unsafe driving prohibited by the state's traffic regulations. Here's how California law addresses this illegal driving behavior:
- California Vehicle Code 22400(a): This law prohibits driving at a speed so slow that it impedes normal traffic flow unless it's necessary for safety. Sudden, intentional braking with no cause disrupts traffic and violates this statute.
- Reckless Driving Charges: Brake checking can also be classified as reckless driving. Under California law, reckless driving is defined as operating a vehicle with a willful disregard for the safety of others.
- Civil Liability: If brake checking leads to an accident, the driver who caused it may face liability for damages. This could include medical expenses, lost wages, and property damage from the crash.
While California law may not explicitly reference the term, the answer to "Is brake checking illegal?" is clear when you examine the broader traffic violations it encompasses. Understanding the seriousness of these actions is an essential step toward holding negligent drivers accountable and seeking justice with the help of a personal injury lawyer if you've been harmed.
What Are the Legal Consequences of Brake Checking?
Drivers who engage in this reckless driving action may face a range of penalties for this aggressive driving behavior, including but not limited to:
- Fines and penalties: Citations for reckless driving or unsafe maneuvers can carry hefty fines.
- Driver's record impact: Points added to a driving record can increase insurance premiums or even lead to license suspension.
- Criminal charges: Serious accidents caused by brake checking could result in criminal charges, especially if injuries or fatalities are involved.
- Personal injury lawsuits: Those harmed in these crashes can hold the at-fault driver accountable through a personal injury claim or lawsuit to seek compensation for the current and future losses they have or may suffer.
If you are having trouble holding the responsible parties accountable for the injuries they have caused you, consider speaking with an experienced car accident lawyer who can help you understand your legal rights and options for pursuing the justice and compensation you deserve.
What Is the Difference Between Tailgating and Brake Checking?
Tailgating and brake checking are closely related in how they escalate dangerous driving situations. Yet, they represent two distinct behaviors with serious legal and safety implications.
Tailgating occurs when a driver follows another car too closely, leaving minimal reaction time if the lead vehicle stops or slows down. This aggressive driving habit often stems from impatience or frustration and is a leading cause of rear-end collisions.
Drivers who tailgate violate California traffic laws, which require them to maintain a safe following distance. A common guideline is the "three-second rule," which ensures drivers leave adequate space to avoid collisions. Failure to do so can result in fines, penalties, and civil liability if the tailgating leads to an accident.
Brake checking, on the other hand, involves the lead driver intentionally hitting their brakes in response to a tailgater. Unlike the more passive recklessness of tailgating, brake checking is a deliberate act intended to intimidate or punish the driver behind. While the motivation might be to "teach a lesson," the result is often a sudden collision that could impact multiple vehicles.
Both actions are illegal in California because of the risks they pose. Tailgating reduces reaction time for drivers, while brake checking increases the likelihood of abrupt, unexpected stops. Together, they create a dangerous dynamic where one bad decision can quickly lead to a serious crash.
Can You Seek Compensation for Brake Checking Accidents?
Because brake checking is illegal in California, victims of these reckless driving behaviors may have the right to pursue compensation for harm suffered. If you've been injured due to this type of aggressive driving behavior, several factors could influence your ability to recover compensation, including:
- Severe or long-term injuries: These may include whiplash, traumatic brain injuries (TBIs), spinal damage, broken bones, or internal injuries that require extensive medical attention or have lasting effects.
- Medical expenses: Compensation can cover emergency care, surgeries, rehabilitation, therapy, and ongoing treatments necessary for recovery.
- Lost wages and future earnings: If your injuries prevent you from working temporarily or permanently, you may be eligible to recover lost income or diminished earning capacity.
- Pain and suffering: Emotional distress, trauma, and loss of quality of life caused by the accident can also factor into your claim.
- Property damage: Costs to repair or replace your vehicle or any other belongings damaged in the accident.
To obtain compensation, a lawyer will need to help demonstrate that the other driver acted negligently by brake checking. Evidence like accident reports, witness statements, and video footage can help establish fault.
For assistance gathering supporting evidence that helps you recover maximum compensation for your injuries, schedule a free case evaluation with a personal injury law firm in California as soon as possible.
What Should You Do After an Aggressive Driving Accident in California?
Many immediate actions, such as ensuring safety and filing a police report, are often handled by first responders or law enforcement at the scene. However, there are actions you can take in the days, weeks, and months after to secure your right to seek compensation, including but not limited to:
- Seek medical attention: Even if you feel fine initially, schedule a detailed medical evaluation. Some injuries, like whiplash or internal trauma, may not show symptoms right away and could worsen with time. Document all treatments and follow your doctor's recommendations.
- Gather and organize documentation: Collect all paperwork related to the accident, including medical records, repair estimates, income loss documentation, and the police report. Having organized records will make it easier to prove your damages.
- Notify your insurance company: Report the accident to your insurer as soon as possible. Provide them with key details, but avoid discussing fault or making recorded statements without consulting your attorney.
- Track pain and suffering: Keep a journal of how your injuries have impacted your daily life, including pain levels, emotional distress, and complications with work or personal activities. Detailed notes can strengthen your claim for non-economic damages.
- Consult an experienced attorney: An auto accident lawyer can guide you through the legal process, negotiate with insurers, and advocate for fair settlement terms. They can also uncover any evidence you could not secure at the scene.
Remember, even if you couldn't take immediate action because of your injuries, there are still ways to gather evidence and build a viable case. Taking the right steps now can help ensure you receive the compensation you deserve for medical bills, lost wages, property damage, and emotional suffering.
When Should You Consider Legal Help for an Auto Accident Involving Aggressive Driving Behaviors?
It isn't always easy to understand when or if you need legal help to seek compensation for the harm you have suffered in an auto accident. Here are common situations where consulting a legal professional can provide clarity and support:
- Your insurance claim is denied: If your claim is rejected or delayed, a lawyer can help challenge the denial and push for fair consideration.
- The at-fault driver disputes liability: When the other driver refuses to accept responsibility, an attorney can gather the necessary evidence to prove fault.
- You receive a low settlement offer: If the compensation offered doesn't cover your medical bills, lost wages, or property damage, legal support can help you negotiate for a better outcome.
- You're unclear on your legal rights: If you're unsure how California's personal injury laws apply to your case, a lawyer can guide you through the process and help you understand your options.
- You're struggling to gather evidence: If you didn't get witness information or photos from the accident scene, legal professionals can assist in collecting accident reports, video footage, and other critical evidence.
- The injuries you've sustained are severe or long-lasting: Catastrophic injuries often warrant higher compensation, but proving the full extent of damages can be complex without legal expertise.
- You're facing aggressive insurance tactics: If an insurer pressures you into a quick, low-value settlement, an attorney can stand up for your rights and advocate for a fair resolution.
Legal help can simplify the process and improve the chances of obtaining full and fair compensation. If you're feeling confused or overwhelmed, contact an experienced auto accident attorney for guidance.
Brake Checking in California FAQs
Can passengers in my car file a claim after an aggressive driving accident?
Passengers injured in car accidents may have the right to seek compensation. Their claims might be directed at the at-fault driver or even your own insurance, depending on the details of the accident. A legal consultation can help explore their options.
What if the other driver claims I was following too closely?
Claims of following too closely can complicate liability in a personal injury claim or lawsuit. California's comparative negligence laws mean that fault can be shared between parties. A knowledgeable attorney can help collect evidence to counter such claims and support your case.
Are dash cams useful in car accident claims?
Dashcam footage can be invaluable in reconstructing events and proving fault in aggressive driving cases like brake checking. If you have access to such footage or believe it may exist, an attorney can help ensure it's included as key evidence in your claim.
How long do I have to file a claim after a motor vehicle accident?
California's statute of limitations typically gives you two years to file a personal injury claim. However, there are exceptions to this rule depending on unique circumstances. Speaking with a legal professional promptly can ensure all filing deadlines are met.
Were You Injured By An Aggressive Driver? Contact Harris Personal Injury Lawyers For Experienced Legal Support
If an aggressive driver's actions have caused you harm, there are ways to seek compensation and hold them accountable. At Harris Personal Injury Lawyers, our team is here to listen, guide, and support you every step of the way.
If you're ready to explore your legal options, reach out for a free consultation online or by calling 1.800.GO.HARRIS.