Brake-checking is the practice of getting in front of another driver and suddenly braking, causing the driver behind to react very quickly to avoid a collision. Drivers may wonder, is brake-checking illegal in California? The simple answer is yes: any driver who causes an accident by brake-checking is likely to face liability for the resulting damages and potentially criminal penalties.
Why Is Brake-Checking Illegal in California?
Brake-checking is illegal due to the simple fact that it is extremely dangerous. Some drivers engage in this practice due to frustration behind the wheel, and road rage is a very real danger for many drivers throughout the state. Other drivers do this to commit insurance fraud, hoping to claim the driver they brake-checked was responsible for the accident.
If a driver is found to be responsible for an accident because they intentionally brake-checked another driver, they are likely to face liability for the resulting damages and may also face a citation or even criminal charges. If you have been injured in this type of accident, it is crucial to consult an experienced car accident attorney in California right away who can help you prove the truth of the situation and pursue accountability for the at-fault driver.
How to Avoid Brake-Checking Accidents in California
You cannot always predict how other motorists will behave on the road, and an intentional brake-checking accident can happen unexpectedly. Remaining alert and following a few practices can potentially reduce your risk of experiencing a brake-checking accident:
- Always leave room between your vehicle and the vehicle in front of you. It’s good practice to leave at least one car length of space for every 10 miles per hour of speed. This ensures you will have enough time to slow down or stop to avoid rear-ending another driver if they suddenly brake in front of you.
- Give aggressive drivers space. If you notice any nearby drivers acting irrationally, try to stay away from them as much as possible. Adjust your speed or change lanes if necessary.
- Remain calm and focused. Do not engage with angry drivers. If another driver appears aggressive toward you, try to to disengage yourself from the situation and remain aware of your surroundings. Do not let one driver’s actions distract you from safely operating your vehicle.
- Keep your vehicle in good working order. Make sure you address any mechanical issues you notice with your vehicle as soon as they appear. During inspections, ask about the quality of your brake systems and address any worn-out parts as soon as you can. Making sure your car is in top condition means it will be ready to respond to your controls in an emergency situation.
Hopefully, these tips can help you minimize your risk of experiencing an accident. Unfortunately, sometimes accidents happen with very little room to avoid the collision. If another driver brake checks you and causes an accident, it is crucial to know what you can do to hold them accountable and recover compensation for your damages.
Recovering From a Brake Checking Accident in California
In California, all vehicle accidents are resolved based on fault. This means that the driver at fault for causing an accident is liable for the damages they cause to others. You must prove fault for your accident before you can recover any compensation. This can be difficult when the other driver brake-checks you and claims that you rear-ended their vehicle.
Your California personal injury lawyer can help you gather evidence to prove the truth of the matter. Various forms of physical and digital evidence could come into play, but eyewitness testimony will be especially valuable to your case if anyone else saw your accident happen.
Once you have established liability for your accident, you can proceed with claiming compensation for your damages from the at-fault driver. If they have auto insurance, their insurance policy may pay for your vehicle repair costs, medical expenses, and the income you are unable to earn due to your injuries. You also have the right to claim compensation for pain and suffering.
FAQs
Q: How Do You Prove Another Driver Was Brake-Checking?
A: You may be able to prove another driver was brake-checking by leveraging various forms of evidence. An experienced attorney may be able to obtain traffic camera footage, eyewitness statements, vehicle computer data, and other forms of evidence to help you prove fault for an accident resulting from brake-checking.
Q: Who Is at Fault for a Rear-End Collision in California?
A: Fault for a rear-end collision in California usually falls to the rear driver. This is because all drivers have a duty of care to leave adequate space in front of their vehicles at all times so they can slow down or stop as necessary. However, if a driver suddenly got in front of you and then brake-checked you, causing an accident, they would likely be found liable for this accident.
Q: What Should I Do First After a Brake-Checking Accident?
A: The first thing you should do after a brake-checking accident is call 911 to report the accident. All drivers are required to immediately report accidents to 911 and remain at the scene of the crash. This will ensure there is a police report on file, and you should speak with an attorney as quickly as possible after receiving medical attention.
Q: Can I File an Auto Insurance Claim for a Brake-Checking Accident?
A: You can file an auto insurance claim for a brake-checking accident if you are able to prove the other driver is at fault for the accident. If they intentionally brake-checked you to cause an accident, and you can prove this, then you can file a claim against their auto insurance to seek compensation for your damages.
Experiencing a brake-checking accident can be extremely frustrating, especially when it appears as though the brake-checking driver did so to commit insurance fraud. You need to speak with experienced legal counsel as quickly as possible after this or any other type of motor vehicle accident in California. Contact Easton & Easton today to schedule a free consultation with our team and learn how we can help with your case.
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