Car Accidents Caused by Brake Checking in Florida
Paul Brannon | August 16, 2022 | Car Accident
Brake checking is dangerous for everyone involved. This behavior increases the chances of a collision significantly. These accidents can result in serious injuries and extensive damage.
If you’re involved in a car accident resulting from brake checking, discuss your situation with a Florida car accident lawyer right away.
What is Brake Checking?
Brake checking is dangerous driving behavior.
Brake checking involves a driver suddenly and sharply hitting their brakes to shock or scare the driver behind them.
It is common for drivers to engage in brake checking while driving aggressively or recklessly. It’s also a common way to “punish” tailgating drivers. Tailgating occurs when a driver drives too close to the car in front, maintaining too little distance and increasing the odds of an accident should the driver in front need to stop suddenly.
While drivers may believe they’re brake checking for a valid reason, there’s never a good excuse to engage in this behavior. It puts drivers at risk and frequently causes accidents.
Is Brake Checking Legal in Florida?
Brake checking is not only dangerous, but it’s also illegal in Florida.
Brake checking constitutes an unlawful driving practice. Therefore, if a driver causes an accident due to brake checking, they likely face liability for the collision.
Car Accidents Caused by Brake Checking
Rear-end collisions are the most common type of car accident caused by brake checking. These accidents involve the rear driver running into the front vehicle’s back end, leaving much damage and potential injury.
Rear-end collisions are common because, when a driver is brake checking, they quickly slam on their brakes, giving rear drivers little to no warning of their intention to stop.
Thousands of collisions in Florida are fatal every year, and in a recent year, rear-end collisions were the third most common fatal collision involving moving motor vehicles.
Who’s Liable for Brake Checking Collisions?
Liability for brake checking accidents in Florida can be tricky. While brake checking commonly results in rear-end collisions, the rear driver is often found liable for rear-end collisions in Florida.
Under Florida law, drivers cannot follow vehicles more closely than is reasonable, depending on the speed, traffic, and road conditions. Therefore, the rear driver is usually held responsible for rear-end collisions, even if the accident involved brake checking; the perception is that the rear driver followed at an unsafe distance.
Because rear-end collisions are typically blamed on rear drivers, brake checking accident cases can be especially challenging to handle. After a brake checking accident, it may initially appear that the rear driver was at fault, but that may not be the case.
For a rear driver to attempt to prove the front driver caused the accident, they need to provide solid evidence of the front driver’s negligence or recklessness. Evidence can include:
- Surveillance footage
- Eyewitness statements
- Police reports
Strong evidence can greatly impact a case, allowing rear drivers to prove the collision was not their fault.
Liability is one of the most important parts of a car accident case, but it can also be one of the most difficult, especially when the collision involves brake checking. A qualified car accident attorney can handle your case and help establish the other driver’s liability.
Consult with a Car Accident Attorney in Florida
Brake checking accidents are not easy to navigate, as they are unique and complex. A car accident lawyer has experience with these types of cases and can use their knowledge, skill, and resources to help get you the best possible outcome.
After a brake-checking collision, consult with a car accident attorney right away.
Contact Our Car Accident Law Firm in Northwest Florida
We have two convenient locations in Northwest Florida:
Brannon & Brannon Personal Injury Attorneys – Destin Office
4507 Furling Ln Suite 214
Destin, FL 32541
Brannon & Brannon Personal Injury Attorneys – Fort Walton Beach Office
975 Mar Walt Dr
Fort Walton Beach, FL 32547