Brake checking is often misunderstood by those who ponder if this activity is legal in the State of California. Brake checking occurs the moment a driver of an automobile stops or slows their vehicle while failing to signal to the driver behind them. Two statues in California are relevant to brake checking activity:
- California Vehicle Code 22400(a)
- Section 22109 of the California Vehicle Code
Drivers in the State of California may not “stop suddenly or decrease their speed on a highway without signaling to the drivers behind them.” Aggressive drivers abound on California’s vast system of freeways and highways. If you suffer injuries during an accident with a driver who brake checked you then contact a personal injury lawyer today to schedule a free consultation.
What Is Brake Checking?
The following two statutes provide the legal definitions for brake checking activities in the State of California.
California Vehicle Code § 22109 proclaims that drivers should not suddenly decrease the speed of their vehicle without first giving the appropriate signal to any driver behind them when they can provide a signal.
California Vehicle Code § 22111 defines the turn signal as extending one’s arm and hand down beyond the side of the automobile.
Providing Safe Responses to Individual Drivers Who Engage in Brake Checking
Road rage is a frightening thing to experience, and many drivers either freeze or attempt to fight back against an aggressive driver. However, if you are brake checked then you need to take the following steps:
- Report the accident to local authorities. You should obtain a description of the vehicle driven by the individual who brake checked you. Also, it is also beneficial to have the license plate number and the location of the accident.
- Adjust your speed to keep a safe distance between yourself and the driver who is engaging in brake checking behavior.
- Change lanes and put distance between yourself and the driver who is who attempting to brakecheck you. Do not engage in any retaliatory actions that will escalate the situation.
- Do not provoke the driver who is attempting to frustrate you with their brakechecking behavior. The best thing to do is to not engage the aggressor whatsoever and to call for emergency services.
- Remember to remain calm and maintain distance between yourself and the aggressor if they attempt to approach you.
It is in your best interest to reduce any potential conflict that may arise from a brake checking interaction. It may be that you suffered whiplash or other injuries due to the sudden braking you had to perform to avoid striking the vehicle ahead of you. Therefore, a car accident lawyer in California will provide you with the legal advice you need to make the best choices for you and your family members.
Comparative Fault in California
It is possible that you may be held liable in a civil lawsuit if you brake checked another automobile and it cause an accident. California is a pure comparative fault state, and it is possible both automobiles may file civil claims. The degree to which you are found liable for causing the accident will correspond with the damages you must pay. If you are found to be 50% liable, then your total recovery will be reduced by 50%.
The risks of brake checking are severe. Not only do drivers and passengers risk losing their lives or suffering serious bodily injury, but pedestrians are also at risk of someone engaging in reckless behavior such a brake checking.
Common Forms of Aggressive Driving
Brake checking is categorized as a form of aggressive driving. However, other behaviors also qualify as aggressive driving. The following are some of the most common forms of aggressive driving displayed by drivers in California:
- Road rage
- Following another automobile too closely
- Cutting off fellow drivers
Aggressive driving is an extremely dangerous behavior that may potentially cause serious bodily injury or death. It is important to recognize how vital it is to assess other drivers near you as you are traveling throughout the State of California. Aggressive drivers do not always engage in violent or reckless behavior while driving. In fact, they often suddenly swerve or perform some other action that causes an accident.
The Consequences of Engaging in Aggressive Driving
Not only must you be vigilant regarding other drivers, it is essential that you focus on not injuring others while you are traveling in California. Pedestrians may not be able to hear your automobile if they are weaning earbuds or headphones. Therefore, it is necessary to focus on your surroundings at all times when you are driving anywhere in the State of California.
Aggressive driving can lead to serious property damage which may cause some uninsured parties to suffer severe financial distress. Therefore, focusing on how you can reduce the likelihood of an accident occurring can help you become a safer driver who can potentially reduce the total number of accidents in the State of California.
Brake Checking Laws in California Also Apply to Bicyclists
Brake checking laws in California are focused on the safety of all individuals using the roads in the state, and this includes bicyclists. The same laws and legal principles which are applicable to brake checking and automobiles also apply to bicyclists. If you are a bicyclist, or if you are a driver in an area with a large number of bicyclists, then you should take care to watch out for bicyclists who may brake check you while you are driving. Avoiding these types of accidents can reduce the total number of injuries which occur in California every year.
Contact The Shirvanian Law Firm Today to Schedule a Free Consultation
We understand how important it is to focus on road safety and good practices while driving in California. If you suffer injuries due to the actions of a reckless driver, then contact us today to seek financial compensation for your injuries. The attorneys at the Shirvanian Law Firm can help you determine the best course of action you should take to enforce your legal rights.
