Even a beautiful sunny day on a Bakersfield highway, when every driver is paying attention to the lanes, can end up being ruined by a fender bender accident. It’s just the nature of travel in fast-moving cars driven by humans. The risks are always there, and sometimes they are unavoidable.
It’s the accidents caused by a driver’s reckless behavior that are harder to accept. Aggressive driving only multiplies the dangers on local routes like Highway 99 and Truxtun Avenue. That includes drivers who brake-check motorists who may have irritated them or may be tailgating.
That intentional tap on the brakes is an aggressive act that can cause an accident. And if that mistake can be proven, injured victims can seek help with their recovery costs.
To find out what your injuries may be worth and how to hold an aggressive driver responsible, contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a free consultation. It’s a confidential, no-obligation review of your case with a real, local attorney.
Do I Need a Lawyer After Getting Hit by a Brake-Checking Driver?
If you have serious injuries from a car accident caused by another motorist, it may pay to trust your case to a skilled Bakersfield car accident attorney. Brake-checking can be harder to prove than other causes of accidents. Your attorney would keep an insurance company from using tried and true tactics to limit what you received or from tossing your case out altogether.
The key will be having the evidence to prove what the other driver did and that it was intentional. Otherwise, it may appear that you rear-ended a car due to simple carelessness. You would be blamed. Your attorney would fully investigate the accident and secure the necessary evidence to show what really happened. Maison Law Accident & Injury Lawyers can also engage an accident reconstruction team to help demonstrate the other driver’s erratic behavior.
Your lawyer also demands the maximum in compensation for you as you recover. And victims don’t need to worry about how they’ll afford a lawyer. We don’t accept any payment unless we win your case for you. Then our fee comes out of the settlement that the insurer must turn over to you.
What Is Brake Checking?
Brake checking is an aggressive act that usually involves a driver who taps the brakes or slams the brakes purposely while another car is following. A brake-check is often meant to send a message or to punish when a driver is frustrated with someone following behind them.
A motorist who intentionally hits the brakes to impede a trailing car usually wants to catch the attention of another driver. The perpetrator may feel the driver behind them is tailgating, or the brake check may be in response to an earlier road rage confrontation.
In some extreme cases, a brake check is used to intentionally cause an accident.
No matter the reason, a brake check is an illegal response, even if a following driver has broken the law. It can be considered aggressive driving, and, of course, the action only increases the chances of a collision.
Under California Vehicle Codes (CVC), drivers may not recklessly hit the brakes to endanger others.
CVC 22109.
No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.
CVC 22400. also forbids drivers from going so slow that it blocks the normal and reasonable flow of traffic.
More information on accidents caused by drivers going too slowly
Punishment for Brake Checking in California
Brake checking can lead to reckless driving charges in California and even assault charges in some cases. A traffic violation can lead to fines, points on a license, and even jail time.
When brake checking results in an accident, the at-fault driver is also liable for all vehicle damage costs and any medical bills for victims who suffer injuries. The driver would also be responsible for the time any victims have to miss from work.
Winning a Brake-Checking Case in California
Drivers may face criminal charges after some aggressive and dangerous braking, but victims can also file a civil claim to get help with all of their recovery costs. This claim can be filed at any time, regardless of where criminal proceedings stand. The two cases would be resolved separately.
Unfortunately, support for victims of aggressive drivers doesn’t automatically get awarded. Victims will need to prove that the act of hitting the brakes was intentional. Otherwise, a brake-checking accident can just look like a standard rear-end collision, where the driver who strikes another car from behind is generally blamed.
Proving that an accident was caused by a brake-checking driver can be difficult. However, an experienced attorney takes steps to build a strong case for you.
- Your lawyer would fully investigate your accident and the driver involved
- Your lawyer would gather all witness testimony
- Your lawyer would secure any dash cam video showing what occurred
- Your lawyer would secure any traffic cam or video that captured the act
- Your lawyer would examine a driver’s social media to see if any posts indicated the driver’s intent
- Your lawyer can also bring in very thorough accident reconstruction teams to show a driver’s erratic behavior
Once your case is backed with the necessary evidence, Maison Law Accident & Injury Lawyers then battles to get you the maximum in support for your recovery. This is support to last until you are 100% back on your feet physically and financially. It’s often much more than you could secure on your own.
We Back Your Brake-Checking Accident Case with Powerful Evidence and Fight to Earn You More
If you have a serious injury, and an aggressive driver caused your accident, contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a free consultation. It’s a confidential, no-obligation review of your case with a real Bakersfield car accident attorney.
Your full recovery becomes our number one mission. We don’t stop fighting until you are 100% healed and have the money you need to restore your normal life.
If you end up needing our help to prove that another driver was at fault and caused your accident and injuries, you don’t have to worry about how you’ll afford a great lawyer. We don’t charge anything up front, and we only get paid if we win your case for you. Then our attorney’s fee comes out of the settlement check that an insurance company writes for you.