The driver who brake checks is generally responsible for the damages if their actions caused the collision. However, there are several entities you may also share liability for a brake checking accident depending on the circumstances of the crash.
Read on to learn about liability in brake check accidents and how to receive compensation for the damages of such a situation.
Why Do Drivers Brake Check?
Brake checking refers to a driving maneuver where a vehicle abruptly slows down or stops unnecessarily, often to prompt the driver behind to collide with the rear of the car.
The most common reason why drivers brake check is road rage. Road rage is an out-of-control outburst of a driver manifested by aggressive or violent behavior typically brought on by an annoying act by another motorist.
Moreover, brake checking can be motivated by various factors, including:
- Frustration or anger: The driver may engage in brake checking to express dissatisfaction with the behavior of the vehicle behind them or to retaliate against perceived wrongdoing. In such cases, brake checking may be driven by road rage.
- Warning drivers who tailgate: At times, the leading vehicle may perform a brake check to signal to the following car that they are following too closely, potentially preventing a rear-end collision.
- Insurance fraud: Unfortunately, there are instances where drivers deliberately cause brake checking accidents as part of insurance fraud schemes, aiming to claim compensation for damages.
Is Brake Checking Dangerous?
Unfortunately, brake checking can pose significant risks of auto accidents, resulting in injuries and even death. This aggressive behavior can cause drivers to weave in and out of traffic, affecting other drivers, especially when done abruptly. Did you know that over five years, 56% of fatal crashes involved aggressive driving?
Usually, when someone abruptly applies the brakes or stops their car without a good reason, it might catch the other driver off guard, resulting in a rear-end collision if they can’t stop in time. Additionally, when a driver brake checks and causes a rear-end collision, it can start a chain reaction, resulting in other cars getting into other accidents because of the abrupt halt or traffic slowdown.
Brake checking puts drivers in dangerous circumstances that can quickly turn into multi-vehicle crashes with catastrophic consequences. This is why drivers must avoid brake checking, even in stressful situations. Instead, stay calm and patient with other road users to prevent further issues.
Is It Legal to Brake Check in California?
While brake checking is not officially prohibited by California traffic law, it does fall under existing legislation. California Vehicle Code 22109 requires drivers to signal to the car behind them before abruptly stopping or reducing speed on a highway, providing it is safe.
Furthermore, to prevent drivers from brake checking one another, California Vehicle Code 22400 makes driving at extremely slow speeds that disrupt regular traffic flow illegal unless absolutely necessary for safety owing to road conditions or legal requirements.
Brake checking is typically considered illegal in California as it is aggressive and poses significant risks to other road users.
Can I File a Claim for a California Car Crash When a Driver Brake Checks?
In a car accident, the driver whose actions caused the collision is typically liable for damages. In such a case, you may file a car accident claim to receive compensation for the damages.
However, when filing a case, it is essential to establish that the other driver’s actions directly led to the collision when pursuing a car accident claim. Generally, to prove negligence and recover damages, the following elements need to be demonstrated:
- The driver had a responsibility to ensure safety on the road.
- They failed to uphold this duty.
- This failure resulted in a car accident.
- The accident caused injuries and other forms of damage.
In the case of a brake check accident in California, you may pursue a claim if you can show that the driver intentionally brake checked and the collision.
Who Can Be Held Liable?
If a driver initiates a brake check, they may be deemed responsible for any resulting accidents or injuries if their actions are careless or irresponsible. In such instances, it is necessary to demonstrate that their actions directly led to the collision, particularly if they intentionally brake checked, leading to the crash.
For example, a driver in front of you brake checks even if you aren’t following them too closely. Due to continuous brake checking in a fast-moving lane, you rear-ended the vehicle. During the investigation, it was discovered that the driver intentionally brake checked for insurance fraud. In this case, they are liable for the damages.
Note that there are scenarios where drivers unintentionally apply their brakes due to various unavoidable factors, such as road conditions or the behavior of other drivers. It is essential to consider these factors and provide clear evidence that the collision resulted solely from their actions.
What Happens If I’m Partially Liable?
If you are following too closely to the vehicle in front of you and it suddenly brakes for a valid reason, you could be held accountable for any resulting collision. Remember that driving too closely is against California law. Hence, this action can translate into liability in a car accident.
For example, a driver in front of you suddenly stopped due to a pedestrian abruptly crossing the intersection. Unfortunately, there was not enough distance between you and the driver, resulting in a rear-end collision. In this case, you may be accountable for the damage expenses of the crash.
However, if the other driver shares responsibility for the collision, you can still pursue a car accident claim for compensation in California. The state operates under a system of pure comparative negligence, which allows injured parties to seek compensation regardless of their level of fault in the accident.
Let’s say a drowsy driver suddenly stopped to avoid hitting a pedestrian they didn’t notice. They may be responsible for the collision. However, if you were tailgating during the incident and rear-ended the stationary vehicle, you contributed to the crash.
The court deemed you 30% liable for the crash in the scenario. In this situation, you may receive a 70% settlement. Similarly, the other driver can also contend for the 30% compensation. It is best to contact the best auto accident lawyers in California to avoid having your case dismissed or receiving an unjust settlement.
Lawyer’s Tip: If another person’s actions, such as a pedestrian suddenly veering onto the road, caused the brake checking accident, they may be held responsible. It is crucial to determine who the liable parties are in an accident and file personal injury claims against them simultaneously to maximize your payout.
What Damages Can I Include in My Payout?
The compensation for damages resulting from brake check accidents is contingent upon various factors, including the severity of injuries and their impact on the victim’s life. When determining the settlement amount, it is essential to consider both tangible and intangible losses.
Economic damages are measurable financial losses substantiated by receipts and evidence, comprising:
- Medical expenses
- Property damage
- Lost wages
- Future income loss
- Out-of-pocket costs
On the other hand, non-economic damages encompass intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Diminished quality of life
- Post-Traumatic Stress Disorder (PTSD)
Moreover, punitive damages may be granted by the court in instances involving extreme recklessness, intentional misconduct, or malice on the part of the liable party.
While documenting economic damages relies on tangible evidence, evaluating non-monetary losses necessitates the expertise of a personal injury attorney. This is why it is crucial to hire the best auto accident lawyers California has to assess these intangible losses, optimize compensation, and determine eligibility for punitive damages.
Do I Need the Help of Auto Accident Lawyers in California to Defend My Case?
Brake check accidents can be challenging to prove. You must consider all factors that might have influenced the crash to be able to file a claim. What happens if you lack evidence to justify negligence?
A California car accident attorney can play a pivotal role in bolstering your claim by diligently gathering essential evidence to substantiate the other party’s negligence. They undertake various tasks to support your case, including:
- Case Evaluation: Analyze the specifics of your situation to devise an effective legal strategy.
- Gathering Evidence: Collect crucial evidence such as medical records, accident reports, witness statements, and pertinent documentation.
- Preventing Legal Errors: Ensure meticulous handling of all legal procedures and paperwork to mitigate potential setbacks.
- Negotiating Settlements: Advocate for a settlement that justly compensates for injuries and damages.
- Protecting Rights: Protect your legal rights throughout the legal proceedings, including defense against tactics employed by insurance companies to diminish payouts.
The Law Offices of Larry H. Parker boasts a team of highly skilled auto accident lawyers California offers. If you’ve sustained injuries in a brake check accident, our firm’s expertise and proven track record in traffic crash claims underscore our unwavering dedication to advocating for our clients’ rights.
To explore the optimal legal avenues for your case, schedule a free consultation with us at 800-333-0000.
What Our Clients Say About Us
While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our personal injury lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.
“I was recently involved in a car accident and called Larry H. Parker. They took care of me every step of the way and ensured that I was fairly taken care of. They always kept me informed and were consistent with everything they told me. The process was faster than expected. They gave great, friendly service every single time I communicated with them.
They are my go-to’s going forward. I also make sure to tell everyone I know about them. These types of issues usually stress me so much, but to my surprise, I didn’t stress about this case. Thank you, Larry H Parker!” – L. Mena
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Five of the Most Serious Mistakes You Could Make When Filing a Personal Injury Case
- When an Underage Person Causes a Car Accident, Can They Be Held Liable for the Damages and Injuries?
- Signs of a Long-Term Injury After a Car Accident or Other Serious Accident
- Symptoms of a Concussion to Look Out for After a Head Injury
Works Cited
“California Vehicle Code 22109.” California Legislative Information.
“California Vehicle Code 22400.” California Legislative Information.
“Facts + Statistics: Aggressive driving | III.” Insurance Information Institute. Accessed 9 May 2024.
Onerli, Ibrahim, and Johnathan Fuentes. “Why Do People Brake-Check? What Does it Mean?” wikiHow. Accessed 9 May 2024.
