Accidents Involving Brake Checks Can Cause Serious Injuries to Drivers on either Side of the Car.


A brake-check can be used aggressively to warn another vehicle.

Imagine driving along the 170. Imagine you’re driving on the 170.

You’re frustrated. You just want to get home.

You can brake check the person to get them off your car. Tap your brakes to slow them down and make them move away.

It is a common defensive tactic. It’s best to avoid this tactic as much as possible.

According to California Vehicle Code 2109 “no one shall suddenly stop or decrease the speed on a highway of a motor vehicle without first giving a proper signal”.

It doesn’t deter other drivers, despite warnings, from doing such a dangerous maneuver to reverse off another vehicle. These are very dangerous maneuvers which can easily lead to an accident.

In California, Who Is Responsible for Brake Check Accidents?

If you brake-checked another vehicle and it led to a crash, then you could be held responsible.

California is a state with pure comparative negligence. You and the other vehicle may both make a claim. The amount of your damages depends on the “degree” of fault you have.

If you are 25 percent responsible for an incident, your compensation will be less. You may not be entitled to any compensation if you are 100 percent responsible.

It may seem that this accident is a great way to convince the driver in front of you to slow down. The following are some of the negative effects from using this tactic:

  • You run the risk of causing an accident that will not only involve you and the driver who is tailgating, but also other vehicles on the road.
  • Risking serious injury to you or your passengers.
  • The other driver may be angry at you.

Road Rage 

Could be equally dangerous. The number of incidents in the Golden State is on the rise. California is ranked in the top half of states for the highest level of confrontation.

You can try to move to the next lane and let them pass instead of braking.

A dash camera will also help you with your insurance claim if someone does a check on you. Dash cam footage can be used as proof to prove the actions of the person at fault.

Contact the Tenina Law if you have been involved in an accident involving a brake test in California.

Multiple outcomes are possible in a brake-check accident. The law can be confusing. A lawyer can help you get the compensation that you deserve.

You Can Suffer From Different Injuries if You Are Involved in a Similar Accident.

  • Neck Pain
  • Back Pain
  • Traumatic brain injury
  • Broken bones
  • Cuts and lacerations
  • Internal bleeding
  • Organ damage
  • Scarring and disfigurement
  • Whiplash

A Los Angeles car accident lawyer can help you to be properly represented. The attorneys of Alla Tenina are highly experienced and have a team that is reputable to investigate every possible avenue for your case.

We have helped our clients receive compensation for car accidents injuries, such as:

  • Current and future medical expenses
  • Loss of Wages
  • Pain and suffering

Brake checks can be one the most frustrating accidents. Road rage by another driver can cause physical and mental pain.

This article was written by Alla Tenina. Alla is one of the best tax attorneys in Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Visit for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.


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