Is it Illegal to Brake Check in California and New York?

Is it Illegal to Brake Check? Brake checking is dangerous conduct in which a driver abruptly hits or taps the brakes while the vehicle is in motion. Some drivers brake check to warn tailgaters to maintain a safe following distance, a move that may lead to rear-end accidents.

When a driver slams their brakes without warning, the rear vehicle has little time to react to the sudden deceleration. If one vehicle abruptly decelerates, it creates a domino effect on other vehicles, leading to multi-vehicle accidents.

If a driver is guilty of intentional brake checking, they may be liable for accident-related losses.

Consult a trusted NY and CA car accident attorney to understand your rights if injured in a brake-checking accident. The Barnes Firm is ready to help.

Is It Illegal to Brake Check in California?

It is illegal to break check in California. Here’s the restriction as prescribed by the California vehicle code 22109:

No person shall stop or suddenly decelerate the vehicle on a highway without providing an appropriate signal. The front driver must also warn the car immediately in the rear whenever there is an opportunity to give a warning.

Is Brake Checking Illegal in New York State?

Brake checking is not expressly illegal in New York. It is a form of reckless driving under the New York Vehicle and Traffic Law. According to the regulation, a driver who operates a vehicle in a manner likely to harm other road users is guilty of a reckless driving offense.

Here are the penalties for reckless driving in New York:

• Fines
• Point deduction in your license
• Up to one year in jail

How To Respond to Brake Checking

Many drivers need clarification on the next steps following a brake-checking incident. Sometimes, brake checking is an attempt by the other driver to justify their actions by getting into a rear-end collision.

The best option is to get out of the brake-checking situation.

Here’s what you should do:

• Remain calm, if possible, take a deep breath
• Do not respond to the brake-checking driver to avoid worsening the conflict
• Be courteous even if the other driver is not— the brake-checking driver may be having a bad day and looking for a way to vent their anger.
• Turn your signal and change lanes—avoid tailgating and other retaliation responses.
• Allow a larger following distance. Maintaining a larger following distance between you and the front driver gives you ample time in case of an abrupt halt.
• Adjust your speed. If the other driver continues to brake check, adjust your speed to maintain a safe following distance. However, be mindful of prevailing traffic conditions.
• Report the driver. If the situation persists or becomes dangerous, report it to the local police department. Provide details such as the location, license plate number, and vehicle description.

 What Happens If You Hit Someone Who Brake Checks You?

The steps you take after a rear-end accident can enhance your safety and protect your right to compensation.

Take the following steps if you hit someone who brake-checks you:

Immediately After the Accident

If safe, move yourself and the vehicle to the side of the road. Then, call 911 if anyone is injured. Most importantly, inform the police about the accident.

Gather Evidence

If involved in a brake-checking accident, you should gather evidence of how the crash occurred. Brake-checking accidents cause severe injuries and damages. Proof of the accident’s occurrence provides a basis for pursuing compensation from the at-fault driver.

Take steps to obtain the following information:

• Name, address, phone number, driver’s license, and license plate number of the other driver
• Names and contact details of passengers and bystanders at the scene of the accident
• Phone number of the responding police officer
• A copy of the police accident report

Get Immediate Medical Care

You should get medical attention even if you think the injury is minor. The full extent of physical harm may not be immediately apparent after the crash. A comprehensive medical exam can reveal any hidden issues.

In addition to prompt treatment, a healthcare provider documents the injury, a record you can rely on to file a personal injury claim from the at-fault driver.

Contact an Insurance Provider

Even if the at-fault driver has agreed to pay accident-related losses, inform your insurer about the collision. Your insurer may cover the losses if the at-fault driver fails to pay for accident-related losses.

Should You Brake Check a Tailgater?

It is illegal to brake-check a tailgating driver. Abrupt deceleration also increases the risk of accidents.

Instead, use the following tips to deal with tailgater:

• Keep calm because reacting with anger will make things worse
• If safe, change lanes to get out of the tailgater’s path
• Record the aggressive driver
• Note down their license plate number

Common Injuries from Brake Checking Accidents

If you’re trailing a driver who is brake-checking, you may be involved in an accident leading to life-changing injuries.

The most common injuries in brake-checking accidents include:

• Fractures
• Concussions
• Facial injuries
• Traumatic brain injuries
• Whiplash
• Back and neck injuries
• Spinal cord injuries

Who’s At Fault for a Brake Checking Accident?

In most instances, the trailing driver who crashes with the rear of the front driver is accountable for accident-related losses. The presumption of guilt arises because drivers must maintain a safe following distance from other motorists.

However, the front driver is sometimes liable for the accident if guilty of deliberate brake checking.

The following evidence is vital in establishing liability in a brake-checking accident:

• Dashcam footage
• Traffic camera footage
• Eye witness statement
• Images of vehicle damage
• Images of the accident scene, including skid marks and vehicle debris
• Police accident report

Speak to an Experienced Car Accident Attorney to Get the Compensation You Deserve

Your quality of life is likely to worsen after sustaining an injury in a brake-checking accident. You, therefore, deserve compensation for injury-related losses like medical expenses, lost income, and pain and suffering.

The Barnes Firm Injury Attorneys has successfully handled over 150,000 accident cases, giving us an edge to represent your case. Contact us online or at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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