Accidents Caused by a Brake Check in California – 3 Dangerous Consequences

October 5, 2023

Accidents Caused by a Brake Check in California – 3 Dangerous Consequences

A brake check can cause a car accident

A brake check accident can lead to serious injuries for the drivers of either car.

A brake check is often used in an aggressive manner to warn another car.

Imagine you’re driving on the 170. You’re not far from your Burbank Boulevard exit when another car starts tailgating – following closely behind you. 

It’s extremely frustrating. You’re just trying to get home.

To get them to move off your vehicle, you may decide to brake check them by tapping your brakes in order to make them slow down and back away from you.

This is a common defense tactic used by drivers.  While it may be tempting, it’s wise to avoid it when possible, as it can result in serious ramifications.

According to California Vehicle Code 2209, “no person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal”.

Despite warnings, it doesn’t stop other drivers from performing such a risk to back off another vehicle. These are extremely dangerous maneuvers that can easily result in an accident. 

Who is at fault for a brake check accident in California?

You could be held liable if you brake checked another car and it caused a crash.. 

California is a pure comparative fault state, so you and the other vehicle can both file a claim. Your damages will depend on your “degree of fault”. 

For example, if you are 25% responsible for an accident, the amount of compensation that you may receive will be reduced by 25%. If you are 100% responsible, you may not be able to recover anything..

This accident may seem like a good idea to get the impatient driver behind you to slow down. Some of the negative consequences from performing such a tactic:

  • You risk causing an accident, not just involving you and the tailgater, but other cars on the road.
  • You risk serious injury to yourself or any passengers with you.
  • You risk road rage from the other driver.

a brake check is sudden and can leave people injured

Road rage might be just as dangerous. Incidents across the Golden State are on the rise.  Studies show California ranks in the upper half of the most confrontational states

If someone is tailgating, you can always try moving to the next lane to let them pass as opposed to brake checking. 

Furthermore, if someone checks you, having a dash cam can always assist with an insurance claim. The video footage from the dash cam can serve as visual proof of the at-fault party’s actions. 

If you were involved in a brake check accident in California, contact the Los Angeles car accident attorneys at C&B Law Group today.

The law involving a brake check accident can be confusing, with multiple outcomes possible.  Having a lawyer on your side through this process can be pivotal in getting you proper compensation.

If you get into a similar car accident, you can potentially suffer from various injuries:

  • Neck pain
  • Back pain 
  • Traumatic Brain Injury 
  • Broken bones 
  • Cuts and lacerations 
  • Internal bleeding 
  • Organ damage 
  • Scarring and disfigurement 
  • Whiplash

Hiring a Los Angeles car accident attorney will help ensure that you are properly represented. The attorneys at C&B Law Group have considerable experience and a reputable team to explore every avenue for your case.  

We have previously helped clients recover compensation from car accident injuries such as:

  • Current and Future Medical Expenses 
  • Loss of wages 
  • Pain and suffering

A brake check can be one of the most frustrating car accidents. It’s often followed by road rage from another driver, which can lead to physical and mental pain.

If someone caught you off guard with a brake check and it led to a serious car accident, get in touch with the LA attorneys at C&B Law Group today. Our team can help you learn more about our practice, including setting up a free consultation.

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Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (866) 747-7333

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