Is Brake Checking Illegal in California?
Mission Personal Injury Lawyers | June 9, 2025 | Car Accidents
Brake checking—slamming on your brakes to force the driver behind you to slow down—might seem like a quick way to warn a tailgater. But in California, the maneuver can be costly, dangerous, and illegal. This article explains what brake checking is, why it violates state laws, and what victims should do after a car crash. Understanding these rules can help you stay safe and protect your rights on California roads.
What Is Brake Checking?
Brake checking happens when a driver intentionally taps or slams the brakes to startle or punish the vehicle behind them. Most drivers use the move out of frustration with tailgaters. Unfortunately, the sudden stop can cause a rear-end collision, leading to serious injuries and expensive repairs.
Because the act is deliberate, it is considered aggressive driving rather than an honest mistake. Every driver should avoid brake checking because it increases the risk of a crash.
Is Brake Checking Illegal in California?
Yes, brake checking is illegal in California. Even though the state does not use the phrase “brake checking” in its statutes, several traffic laws make the maneuver unlawful. California requires every driver to operate a vehicle with reasonable care. Intentionally creating a hazardous situation violates that duty.
A driver who brake checks can receive traffic citations, face civil liability, and—even worse—be charged with reckless driving if the maneuver causes injuries. In short, purposely hitting your brakes without a valid safety reason is against the law in California.
California Laws That Apply
Several California traffic laws directly address the dangers of brake checking and related behaviors, making it clear that such actions are both illegal and unsafe.
Reckless Driving (Vehicle Code § 23103)
Under this statute, a person who drives “in willful or wanton disregard for the safety of persons or property” commits reckless driving. Brake checking fits this definition because it places others at unreasonable risk. Violators can face fines, possible jail time, and license points.
Following Too Closely (Vehicle Code § 21703)
Tailgating is also illegal. If the crash occurs because the rear vehicle was too close, that driver may share fault. However, the lead driver’s deliberate brake check can still make them primarily responsible for the wreck.
Sudden Stops Without Reason (Vehicle Code § 22109)
California prohibits sudden decreases in speed or stops “without first giving an appropriate signal” unless necessary for safety. Slamming on the brakes to frighten another driver is not a valid safety reason, so the maneuver breaks this code section.
Together, these laws make it clear: brake checking is not a legal driving tactic in California.
Why Brake Checking Is Dangerous
Brake checking creates a surprise hazard. The driver behind may have no time to react, leading to a high-speed rear-end collision.
These crashes can cause:
- Whiplash and spinal injuries
- Traumatic brain injuries from airbag deployment
- Broken bones and severe bruises
- Significant vehicle damage
Even at low speeds, the force of a sudden stop can injure occupants. Because of these risks, California courts almost always view brake checking as negligent or reckless conduct.
Who Is Liable in a Brake-Checking Crash?
Liability depends on the facts, but intentional brake checking often shifts most or all responsibility to the front driver.
Insurance companies and courts look at:
- Driver intent: Evidence that the lead driver deliberately braked to punish the tailgater weighs heavily against them.
- Following distance: If the rear driver was dangerously close, they may share some fault for tailgating.
- Dash-cam or witness statements: Videos or eyewitness accounts can prove who caused the sudden stop.
California follows “pure comparative negligence.” This means each driver pays for their percentage of fault. If the brake-checking driver is found 80% responsible, they must cover 80% of the damages.
Contact Mission Personal Injury Lawyers for a Free Consultation
Brake checking may feel like a quick way to deal with tailgaters, but in California, it’s both illegal and highly dangerous. The maneuver can lead to serious accidents, significant injuries, and legal consequences for the driver who initiates it.
If you’ve been involved in a brake-checking incident, it’s essential to understand your rights and seek legal guidance to protect your interests. Contact Mission Personal Injury Lawyers for a free, no-obligation consultation.
If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.
We proudly serve San Diego County and throughout California.
Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555
Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032
We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.
Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000
