Is Brake Checking Illegal?
February 10, 2021
Personal Injury Lawyers near you

What Does the Law Say about Brake Checking?

Many of us have had an experience where another car has been following us too close for comfort. Being followed at such a short distance is frustrating and dangerous. However, taking matters into your own hands through brake checking is equally dangerous, and the law does not look favorably on either action. 

Both tailgating and brake checking are forms of reckless driving. While brake checking is sometimes thought of as a justified action to teach tailgaters a lesson, it is just as likely to cause an accident. If you brake check a tailgater, you will be in just as liable or even more so than the tailgater.

What is Brake Checking?

For the sake of clarity, brake checking is when a driver suddenly taps or slams on the brakes to startle the car behind them. People often do this as a warning or aggressive act to cars who are following too closely.

However, if you do slam on the brakes when a car is following closely, there is a high chance that the car will run into you, creating a rear-end collision. This is why brake checking is considered to be reckless driving.

Rear-End Collisions

Many people who brake check are under the impression that a rear-end collision is always the rear driver’s fault. After all, if the rear driver had been paying more attention or not been following so closely they would have stopped in time.

The law does not take such a simplistic view of the matter. You can still be held responsible for an accident if you are the front car in a rear-end collision, especially if brake checking is involved.

Brake checking is done with the knowledge that you are likely to startle the driver behind you, which may result in swerving, a collision, or at the very least a painfully fast stop that could hurt the rear driver. Because brake checking is targeted and aggressive, it is reckless driving for which a court will hold you at fault.

Brake Checking in California and Oregon

Both California and Oregon have laws against reckless or careless driving, but this is not the only law that prohibits brake checking. Because brake checking is a targeted aggressive act and especially if it results in injury, the driver could be charged with things like assault and reckless endangerment.

What Should You Do If You Are a Victim of Brake Checking?

Unfortunately, although brake checking is illegal, it can be hard to prove because the front driver can always claim that they stopped suddenly because of an obstacle in the road. If you believe your accident was due to another driver’s brake checking, the most important thing is evidence.

Evidence of brake checking can be in the form of eyewitnesses, video surveillance, and/or the accident report. You will need to be prepared with proof to win a case that involves brake checking. It is best to contact an attorney immediately if you feel you are the victim of brake checking so that they can help you gather the evidence you need.

What You Should Do Instead of Brake Checking

Brake checking is aggressive, reckless, and endangers the lives of those around you, but if you should not brake check, what do you do when a car is tailgating you? Tailgating is a reckless form of driving that can put you in danger as well.

When you first notice that someone is tailgating you, don’t do anything! Continue driving at the same speed, and see if the tailgater gets the hint and backs off. Do not give in to the pressure of tailgating by either slowing down or speeding up!

If the tailgater is making you uncomfortable and refuses to back off, then it is probably best to let them pass you. If you can change lanes do so, and if you cannot find a safe place to pull off the road to let the tailgater pass you.

These actions are responding to the recklessness of tailgating with calm and safe driving. No matter how dangerous tailgating might be responding with the equally dangerous action of brake checking will not make things better!

Summary of Brake Checking Law

The front driver is not always right. Brake checking is a reckless and targeted action that is illegal! If you have been the victim of a brake checking accident, the law is on your side.

Contact Us

Honest care • Clear advice • Smart approach

Call Us

(855) 772-6969

Text Us

(855) 772-6969

Hours

Monday: 8:00AM - 5:00PM

Tuesday: 8:00AM - 5:00PM

Wednesday: 8:00AM - 5:00PM

Thursday: 8:00AM - 5:00PM

Friday: 8:00AM - 5:00PM

*Hour and availability may vary by office location, please call ahead*

Contact Us

Contact Us

Call Us

(855) 772-6969

Text Us

(855) 772-6969

Hours

Monday: 8:30AM - 4:30PM

Tuesday: 8:30AM - 4:30PM

Wednesday: 8:30AM - 4:30PM

Thursday: 8:30AM - 4:30PM

Friday: 8:30AM - 12:00PM

*Hour and availability may vary by office location, please call ahead*

Southern Oregon

770 S. Front St
Ste. 200
Central Point, OR 97502
Phone: (541) 772-6969

Northern California

177 Bovet Road
Sixth Floor
San Mateo, CA 94402
Phone: (650) 514-5004

Portland
Oregon

111 SW 5th Street
Suite 3150
Portland, OR 97204

Klamath
Falls

1435 E Main St
Suite B
Klamath Falls, OR 97601

Grants
Pass

160 SE G St
Grants Pass, OR 97526

 

Central
Oregon

2900 NW Clearwater Dr
Suite 200
Bend, OR 97703

Roseburg
Oregon

815 SE Oak Ave
Roseburg, OR 97470

 

San Jose
California

690 Saratoga Ave,
Ste 100
San Jose, CA 95129

Redding
California

3310 Churn Creek Rd
Suite A
Redding, CA 96002

Southern
California

11601 Wilshire Blvd.
5th Floor
Los Angeles, CA 90025

Eastern
Idaho

1417 N 615 E
Shelley, ID 83274
Phone: 208-423-3682

Provo
Utah

180 N. University Avenue
Suite 270
Provo, UT 84601

*Walk-in visits are not accepted at all of our locations*

Idiart Law Group - Personal Injury and Immigration Attorneys
Mailing Address:
PO Box 3700
Central Point, OR 97502
Fax: (541) 245-0486

Quick Links

Personal Injury
Social Security Disability
News
Blog

Our Promise

We promise to handle each case individually and with care. We take cases many lawyers pass up because we know that you cannot afford to fight the system alone. Give us a call, send us a text, or stop in to discover that for us you are more than a case. Let us tell your story.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Any case results found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is circumstantial. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Privacy Policy | Terms of Use
©2024 Idiart Law Group. All Rights Reserved.