Brake checking is an aggressive driving tactic that involves braking suddenly to shock or “punish” the driver behind you. Dangerous driving practices like intentional sudden braking often lead to car accidents, which can injure the people involved, damage vehicles, and fuel road rage.
According to a 2024 report, Florida ranks 17th for aggressive drivers, who not only put themselves at greater physical risk on the road but might also face legal consequences since brake checking is illegal in the state.
Thankfully, victims of brake-checking accidents may be able to file a lawsuit against the at-fault driver and seek other coverage to help with their losses. Continue reading to learn more about brake-checking risks, the laws and best practices regarding brake-checking accidents in Florida, and how hiring an attorney can help you file a successful claim.
Definition: What Is Brake Checking?
Brake checking or brake testing is when a driver stops intentionally and suddenly in front of another driver, often forcing the person behind them to take evasive action like swerving or slamming on their brakes to avoid crashing.
Some drivers do this to people they know just as a joke. Others may brake check tailgaters in order to “punish” them, to try to make them drive at a further distance, and/or to express road rage.
Regardless of why it’s done, drivers should never use dangerous driving tactics like brake checking. Sudden braking can lead to serious accidents by causing the rear driver to collide with the front vehicle, swerve dangerously, or even involve other vehicles in a pile-up. It can also fuel road rage and even more aggressive driving, potentially leading to more harm.
Common Types of Auto Accidents Caused By Brake Checking
Brake checking tends to lead to certain kinds of accidents in Florida.
- Rear-end accidents: Read-end collisions are a common consequence of brake checking. After a driver slams on their brakes, the car behind them is likely to collide with the back of their vehicle.
- Off-road or swerving accidents: If the rear driver attempts to avoid a crash by swerving, they could veer off the road and strike a tree, pole, or another nearby object.
- Accidents in poor weather conditions: If weather or road conditions are poor, such as during rain or fog, brake check accidents could be more common or result in more damage because the bad weather reduces driver visibility and tire traction.
No matter the type of accident, brake-checking crashes can cause physical harm and vehicle damage, especially at high speeds, on busy roadways, or when brake-checking on road curves.
Is Brake Checking Illegal In Florida?
Brake checking not only creates a dangerous situation for all drivers on the road when it occurs—it’s also an illegal driving practice in the state of Florida. It’s considered a type of aggressive driving or road rage under Florida Statute 316.192.
Brake checking is a criminal offense in Florida that can lead to:
- Fines
- Points on the offending driver’s license
- Jail time if it caused an accident that resulted in someone’s injury or death
Triple board-certified attorney Tommy Roebig warns, “If a brake-checking driver caused an accident, they may also be liable for any damages the other driver suffered in the crash.”
Comparison with Tailgating
Tailgating, or following too closely behind another vehicle, is also illegal in Florida. The Florida statute regarding tailgating holds that Florida motorists shouldn’t follow cars more closely than is “reasonable and prudent.”
In other words, the rear driver isn’t legally allowed to tailgate the driver in front of them. However, brake checking laws state that the front driver also has a responsibility not to brake check the rear driver. Both are considered illegal driving practices according to Florida driving laws.
If one driver was tailgating while the other was brake checking, both can be held partially liable for a resulting accident in Florida.
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Can You Sue for Brake-Checking Car Accidents?
If brake checking leads to a collision and the rear driver experiences serious injury or property damage, the rear driver may be able to sue the brake-checking driver for damages.
Florida law will consider several factors when reviewing a brake-checking personal injury lawsuit, such as:
- If the brake checking was intentional
- Whether suddenly and intentionally braking posed a threat to the other driver
- Whether brake checking caused fear for the other driver
- How negligent the driver was
The Role Of Florida’s Comparative Negligence Law
Since March 2023, Florida has used a modified comparative negligence law for car accident cases. This means more than one person can be partially at fault for an accident. It also means the person who filed a brake-checking lawsuit can only get compensation if they’re found to be less than 50% at fault.
If the driver suing for the car accident was following too closely behind the brake-checking driver, this can make their car accident claim more difficult to win or result in much less compensation. The other driver’s insurance company may even try to argue this in order to pay out less.
Hiring an experienced lawyer can help you prove the accident was other driver’s fault and help you get compensation from your car accident claim that covers all of your financial losses.
Liability in Florida Brake Checking Accidents
In Florida brake checking incidents, accident liability is determined by reviewing the actions of both drivers through evidence like traffic cameras and witness testimonies.
In most cases, the driver who brake-checked the other will be considered primarily liable. However, because of Florida’s comparative fault law, the rear driver may also be partially responsible if they were tailgating or otherwise negligent (such as driving while distracted).
For example, if you weren’t following the driver in front of you at a safe distance, you might be found 30% at fault for the resulting accident while the driver in front shares 70% of the responsibility for brake-checking you. If your damages totaled $100,000, you would only be awarded $70,000.
Anyone seeking to file a personal injury claim against a brake-checking driver must gather evidence to prove their claim and the extent of their injuries and other losses. They must also report the incident to their insurance company before filing.An experienced Florida car accident attorney like those at Florin|Roebig can offer a free case review to help you determine your level of negligence, if any, and help you understand your legal right to file a claim. Don’t hesitate to contact us today for a free case evaluation.
Proving Negligence in a Brake Check Personal Injury Claim
It can be difficult to provide solid proof that another driver was brake-checking you. However, if you’re a brake check accident victim, there are some steps you can take that could help you prove the brake checker’s negligence.
Evidence that may prove negligence includes:
- Dashcam footage: Dashcam footage can provide some of the best evidence—both that the other driver was brake checking you and that their behavior caused the accident.
- Witness statements: If anyone was around to see the accident and the other driver’s behavior before it, make sure to get witness statements from them or, if you can’t do so at the scene of the accident, collect their contact information. Eyewitness accounts can be especially important if you don’t have video evidence.
- Traffic camera footage: If the accident happened at or near an intersection, a traffic camera may have caught the incident. Nearby security cameras may have also captured the crash or brake checking behavior.
- Police reports: Make sure you cooperate with the police after they arrive at the scene of the accident. They will speak to the drivers involved and may take witness statements as well. They’ll include their assessment of what happened in a police report.
Your best chance for collecting evidence is usually right after the crash. If you’re able, make note of any cameras that might have caught the incident, and don’t hesitate to approach anyone who might have seen what happened.
The more car accident evidence you collect, the easier proving the other driver’s negligence should be and the more likely your claim is to be successful. Just be cautious about making statements that suggest you were at fault, such as apologizing to the other driver.
How to File a Personal Injury Lawsuit for Brake Checking
The easiest, most efficient way to file a personal injury lawsuit for brake checking is with the help of a capable car accident lawyer. A lawyer can provide a free consultation to discuss your case, provide expert legal advice, and help you understand if you have a strong claim.
Steps to Filing a Lawsuit:
- Seek Medical Attention: The first thing you should do after any accident is seek medical treatment, even if you think your injuries are minor. This isn’t just crucial for your health; it’s also essential for effectively documenting your injuries.
- Gather Evidence: If you’re able to, collect evidence at the scene of the accident, such as photos or video of the accident scene, witness statements or witness contact information, and traffic camera locations.
- File a police report: Cooperate with the police at the accident scene so they can file a report detailing their assessment of what happened. You can collect a copy of the report from the police department later.
- Notify your insurance company: Let your insurance company know you were in an accident as soon as you can, even if you plan to file a claim with the other driver’s insurer. Provide any relevant details and evidence.
- Seek Legal Advice: Many car accident attorneys offer free consultations, which you can use to assess the strength of your case and decide what legal action to take next—including whether or not to get legal representation.
- File a Claim: A car accident attorney can help you file a strong claim against the at-fault driver’s insurance company, detailing your demand for compensation and supporting evidence.
- Negotiate: Your attorney will negotiate with the at-fault driver’s insurer on your behalf to get you fair compensation.
- File a Lawsuit: If you can’t agree on a compensation amount with the other driver’s insurance company, you may need to file a lawsuit, which will put pressure on the insurance company to settle before the case goes to court.
- Go to Trial (if necessary): In rare cases, your case will go to court, where a judge or jury will decide how much compensation (if any) you receive. Your lawyer will represent you.
Florida places a limit on how long you have to file a personal injury case after a car accident. Don’t wait to find out what a Florida personal injury attorney can do for you. Contact Florin|Roebig law firm today for a confidential and free consultation and see how we can help you get compensated for your injuries or property damage.
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File a Brake Checking Claim with Florin|Roebig
Brake checking is a dangerous and illegal behavior that can cause serious accidents. If you were harmed in a brake-checking accident in Florida, you deserve compensation for your losses and may be able to file a claim to get it.
Reach out to an experienced Florida car accident lawyer for help understanding your legal rights and options. Florin|Roebig has over 30 years of experience winning lawsuits and settlements for accident victims in Florida and we have won over $1 billion in total compensation for our clients.
We’ll work to ensure you understand your rights and legal options, explain the estimated value of your claim, and be there to guide you throughout the legal process.
If you’re interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
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You deserve experienced legal representation. Please reach out to the law offices of Florin|Roebig for a confidential and free consultation to discuss your claim today.
