Pines Salomon Personal Injury Lawyers | June 19, 2025 | Car Accidents
Brake checking means slamming on your brakes to scare or stop a driver who is following too closely. It might feel like a quick fix at the moment, but is brake checking illegal in California? Yes, it can be. This action is dangerous and may lead to a crash, a traffic ticket, or even criminal charges.
Knowing what brake checking is, why drivers do it, and how California law handles these cases is important for staying safe and avoiding legal trouble.
What Does It Mean to Brake Check Someone?
Brake checking happens when a driver intentionally hits the brakes to signal irritation, often toward a tailgater. It’s an aggressive maneuver designed to force the other driver to back off.
While it might seem like a warning, it’s often viewed as a form of road rage or reckless driving.
Brake checking typically occurs in these situations:
- A driver is being followed too closely (tailgated)
- The front driver wants to “teach a lesson” by forcing the rear driver to react
- Aggression escalates in stop-and-go traffic
No matter the motivation, brake checking puts both drivers and nearby vehicles at risk.
Is Brake Checking Illegal in California?
Although no statute specifically names “brake checking,” it can still be prosecuted under several laws, including California Vehicle Code § 21703, § 22109, and § 23103.
Most commonly, brake checking can violate:
- California Vehicle Code § 23103: Reckless driving, defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property”
- California Vehicle Code § 22109: Prohibits suddenly decreasing speed or stopping without signaling, unless necessary for safety
- California Vehicle Code § 21703: Requires a driver not to follow another vehicle “more closely than is reasonable and prudent,” which applies more to tailgaters, but can be relevant in brake check cases
Brake checking may also open the driver up to civil liability if it causes an accident. Even if the rear driver is technically following too closely, an intentional brake check can shift or share liability.
Is It Illegal to Brake Check a Tailgater?
Yes, brake checking a tailgater can be illegal. While tailgating is also against the law under Vehicle Code § 21703, responding with a sudden brake check does not justify or excuse reckless behavior.
If a crash results and there’s evidence of brake checking—such as dashcam footage, eyewitness accounts, or admission—the brake-checking driver may:
- Be cited for reckless or aggressive driving
- Be found partially or fully at fault in a civil claim
- Lose coverage under certain insurance exclusions (e.g., intentional acts)
Courts and insurers will consider whether the brake check was intentional and whether it contributed to a crash.
Can You Go to Jail for Brake Checking?
Brake checking can rise to the level of a criminal offense if it causes injury or is part of a road rage incident.
Reckless driving under § 23103 is a misdemeanor punishable by:
- Up to 90 days in jail
- Fines up to $1,000
- Points on your driving record
More severe penalties apply if someone is seriously injured.
What To Do If Someone Is Tailgating You
While it’s tempting to retaliate, the safest and most legally sound way to deal with tailgaters is to de-escalate.
Instead of brake checking, you should:
- Move to another lane if safe to do so
- Maintain a consistent speed
- Avoid gestures or sudden movements
- Call authorities if the behavior becomes threatening
Letting the aggressive driver pass protects you from unnecessary risk and legal consequences.
What Are the Risks of Brake Checking a Tailgater?
Even if the other driver is clearly in the wrong, brake checking can backfire. Risks include:
- Causing a rear-end collision
- Being held liable for property damage or injuries
- Facing increased insurance premiums or denied coverage
- Receiving criminal charges for reckless driving
Brake checking may feel like a justified response to tailgating, but under California law, it’s considered dangerous, provocative, and punishable.
Contact the San Diego Personal Injury Lawyers at Pines Salomon Personal Injury Lawyers for Help Today
If you’ve been injured by someone else’s negligence, we can help you get the recovery you deserve. Contact our San Diego personal injury lawyers at Pines Salomon Personal Injury Lawyers for a free consultation today.
For more information, contact an experienced car accident lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
