Florida Accidents Caused by Brake Checking

January 25, 2023
Florida Accidents Caused by Brake Checking

Who is At-Fault for Accidents Caused by Brake Checking?

Driving has the potential to cause immense frustration among people commuting to work, running errands, picking up kids, etc. This frustration can often result in what is known as road rage. When a driver performs reckless maneuvers born out of anger intended to harm other drivers, they are guilty of road rage. Brake checking is one form of road rage, and it's responsible for many Florida accidents that lead to severe injuries.

What is Brake Checking? Is Brake Checking Legal?

Brake checking is when a driver activates their vehicle's brakes in an abrupt and sudden manner to recklessly send a message to the driver behind them. This act is often intentional, and brake checking is illegal since it can cause a multi-vehicle accident and endanger many people's lives on and potentially off the road. Brake checking typically results in rear-end accidents when the vehicle behind the brake checker can't stop in time to avoid a collision. There are also cases where it is not intended to cause an accident but merely done to annoy another driver who may be impatiently following the front driver too closely.

Rear-End Car Accidents

Brake checking can lead to a rear-end accident which occurs when the front of one vehicle collides with the back of a vehicle in front of them. These are among the most common accidents that inflict severe injuries on those involved. People can suffer from injuries like whiplash, traumatic brain injuries, soft tissue injuries, and back injuries, to name a few of the more common types of injuries. Rear-end accidents are very common, yet they manage to confuse many people when it comes to the question of exactly who is at fault.

Determining Fault for Rear-End Accidents

In most rear-end accidents, the fault is usually placed on the driver of the vehicle that collides with the back of the vehicle in front. This general rule might not always apply, especially in cases of brake checking where the driver in front intentionally hits their brakes and causes a dangerous situation for both drivers. In general, cars following behind other vehicles are expected to leave a large enough buffer space between them and the car in front to provide adequate distance in the event that the car in front has to brake in an emergency

Fault and Liability for Brake Check Accidents

A driver whose vehicle collides with the rear of a car in front of them is often found at fault for the accident because they did not observe traffic laws that call for a sufficient distance between vehicles in case of emergency stops. In accidents caused by brake checking, this is troublesome for someone who was driving behind a car that brake checked and caused a collision that results in severe injuries to the rear driver. Florida law requires all drivers to carry Personal Injury Protection (PIP) insurance coverage to pay for some of the losses they experience in a typical car accident. If you suffer significant injuries as a result of a car accident, you may exceed the typical Florida no-fault insurance coverage limits. If so, you can seek compensation for your damages from the party responsible for the accident. If you bring a car accident injury claim against the at-fault driver, you may reach an out-of-court settlement by presenting proof of the other driver's accident-causing negligence to negotiate fair compensation. This all revolves around your ability to prove the fault and negligence of the other driver or another party, which can be very difficult in brake-checking cases. 

Proving The Fault and Liability of Those Who Brake Check

In most cases, the person at the rear of a rear-end accident is held legally responsible. However, a person who intentionally checks their brakes and causes an accident through their reckless or negligent behavior can also be found at fault. The major issue is proving that a person intentionally brake-checked the person behind them out of road rage. While road rage is illegal, it is difficult to prove without some form of visual evidence In the best-case scenario, a person caught in a rear-end accident caused by someone brake-checking them can prove that the other driver was negligent by using some kind of video footage. A dashboard camera or a camera in the vicinity can catch the crash on video and provide a clear record of what exactly occurred. If evidence shows no emergency that would necessitate the quick stop that caused the accident, a brake checker might be held responsible for their actions.  If this kind of evidence is not available, there may be witnesses to the accident who can provide testimony about what they saw. An angry driver may also accidentally or blatantly admit to brake-checking the other driver, but this is unlikely to occur. A knowledgable car accident lawyer can do a thorough investigation to find evidence that proves how your accident occurred and who is responsible for your resulting losses.

Work With an Experienced Car Accident Attorney Who Understands Brake Checking Situations

It's never too early to contact a car accident lawyer if you have questions about filing a claim for a car accident injury. A dedicated personal injury law firm will investigate your injury case, determines your claim value, and work to obtain a fair settlement or award on your behalf. During a free consultation, you can share your story with an attorney and learn more about your legal options without committing to a claim or filing a lawsuit. Let your lawyer deal with the insurance companies and their attorneys while you focus on rest and recovery. At the Dolman Law Group Accident Injury Lawyers, PA, in Clearwater, Florida, our team of highly skilled rear-end collision attorneys can review your case and obtain the compensation you deserve for your accident injuries, lost wages, and other damages.  Our rear-end collision lawyers have helped many victims obtain the recovery they deserve for their injuries and related losses. Please call our office at 727-451-6900 today. Dolman Law Group Accident Injury Lawyers, PA  800 N Belcher Rd Clearwater, FL 33765 (727) 451-6900 https://www.dolmanlaw.com/florida-car-accident-lawyer/

Matthew Dolman

Clearwater Personal Injury and Insurance Attorney

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess or $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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