Can you brake check a driver for following too closely? Here’s what California law says
Picture this: You’re driving down the highway, following the speed limit. Then a speedster starts tailgating you.
What should you do?
Is it legal to brake check another driver to make them back off?
Here’s what our journalists with How To California — a community-driven series to help readers navigate life in the Golden State — found:
BEHIND THE STORY
MOREWhy we did this story
Our community-driven series — How to California — is here to answer your questions about state laws, history, culture, recreation and travel in the Golden State.
McClatchy’s service journalism team, focused on helping our readers navigate daily life, works in communities across the state, including San Luis Obispo, Fresno, Merced, Modesto and Sacramento.
Ask us your questions — big and small — by emailing howtocalifornia@mcclatchy.com or filling out a form here.
What is brake checking?
According to Maison Law, a California personal injury lawyer, “brake checking” is when a driver abruptly slams on their brakes with the hope that you’ll rear-end them or swerve to avoid a collision.
Is brake checking legal in California?
California Vehicle Code 22109 says a driver cannot “suddenly stop or decrease the speed of a vehicle on a highway without first giving an appropriate signal.”
This includes brake checking, according to Maison Law.
“In real terms, this law is meant to protect you from rear-ending an aggressive driver in front of you, one that — for whatever reason — is not happy with how close you are to them,” Maison Law said.
According to California Vehicle Code 22400, a driver cannot travel at a slow speed or stop on a highway if it impedes normal traffic flow, unless it’s necessary for safety or legal compliance.
Violations of code 22400 and code 22109 can be punishable by a fine of approximately $238 and one point on a driver’s record, according to Shouse California Law Group.
“While an aggressive or reckless driver is something you may frequently come in contact with on the road, it’s important to think about what to do in this situation,” Maison Law said.
What should you do if someone is tailgating you?
If you encounter a tailgater, you should maintain your speed, change lanes and allow them to pass — as long as it is safe to do so, according to the California Department of Motor Vehicles,
How should you respond to brake checking?
According to Maison Law, here’s what you should do if you’re being brake checked:
- Give the other driver space.
- Stay calm.
- Do not provoke the other driver.
- Signal and change lanes.
- Adjust your speed to avoid rear-ending them.
- Consider reporting the driver to local authorities.
“By taking these steps, you can hopefully de-escalate the situation and continue your drive in a safe way,” Maison Law said.
This story was originally published June 6, 2024 at 8:33 AM with the headline "Can you brake check a driver for following too closely? Here’s what California law says."
