If you were injured in an accident caused by brake checking in California, you may have a valid personal injury case against the at-fault driver. Brake checking—when a driver intentionally slams on their brakes to intimidate or provoke the driver behind them—is considered aggressive driving and can be extremely dangerous, especially at freeway speeds. In California, it may rise to the level of negligence, recklessness, or even intentional misconduct.
🚨 What Is Brake Checking?
Brake checking typically involves a driver suddenly hitting their brakes without a valid reason, often to “punish” a driver who is following too closely. It’s a form of road rage and can easily lead to a rear-end collision.
While California law (Vehicle Code § 21703) places responsibility on drivers to follow at a safe distance, that does not give the leading driver the right to intentionally cause an accident. If brake checking caused a crash, the front driver can be held partially or fully liable.
💥 What Kind of Injuries Can Result?
Brake checking often causes rear-end collisions, which can lead to:
- Whiplash
- Concussions and head injuries
- Back and spinal injuries
- Broken bones
- Facial injuries from airbag deployment
- Soft tissue damage
These injuries can occur even at moderate speeds, and symptoms like neck pain or headaches might not appear immediately.
⚖️ Proving Liability in a Brake Checking Case
To establish a personal injury claim, you must prove:
- Duty of Care – The brake-checking driver had a duty to operate their vehicle safely.
- Breach of Duty – They violated that duty by intentionally or recklessly braking.
- Causation – Their actions directly caused the collision and your injuries.
- Damages – You suffered physical, emotional, or financial harm as a result.
🛑 Intentional Misconduct
Unlike ordinary negligence, brake checking may be considered intentional misconduct or reckless endangerment, which could open the door to punitive damages—additional compensation meant to punish the at-fault driver.
🧩 What Evidence Can Help Your Case?
Here’s what can help prove a brake-checking driver caused your crash:
- Dashcam footage (yours or another driver’s)
- Traffic or surveillance video
- Witness statements
- Police report indicating aggressive driving or citations
- Vehicle damage patterns (e.g., minimal front driver damage but significant rear damage)
- 911 calls or texts from bystanders
- Event data recorder (black box) info from newer vehicles
- Social media or texts from the other driver showing intent (in rare cases)
If the other driver has a history of aggressive driving, this can also support your claim.
💰 What Compensation Can You Recover?
In a successful brake-checking injury case, you may be entitled to:
✅ Economic Damages:
- Medical expenses (hospital, rehab, medications)
- Lost income or reduced earning capacity
- Vehicle repair or replacement costs
- Out-of-pocket expenses (transportation, home modifications)
✅ Non-Economic Damages:
- Pain and suffering
- Emotional trauma or PTSD
- Loss of enjoyment of life
🟧 Punitive Damages:
If the brake checking was intentional, reckless, or malicious, you may also be eligible for punitive damages—especially if it involved road rage.
👨⚖️ Do You Need a Lawyer?
Absolutely. Brake checking cases are fact-intensive and often involve disputes over who is at fault. A skilled California personal injury attorney can:
- Gather the right evidence (like dashcam or EDR data)
- Handle all communication with insurers
- Argue against the assumption that the rear driver is always at fault
- Maximize your financial recovery
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].