Brake checking—slamming on the brakes suddenly to startle or punish another driver—is a reckless and dangerous maneuver that can lead to serious car accidents. In Florida, where busy highways and congested city streets make road rage incidents more common, brake checking is not only irresponsible but also potentially life-threatening.
Victims of accidents caused by brake checking often face painful injuries, costly medical bills, and a long road to recovery. Here’s what you need to know about brake checking accidents, the laws that apply in Florida, and what steps to take if you’ve been injured.
What Is Brake Checking?
Brake checking happens when a driver intentionally slams on their brakes to “teach a lesson” to the driver behind them.
Often, this occurs when:
- A driver is following too closely (tailgating).
- A driver feels disrespected or cut off.
- Road rage escalates into aggressive driving behaviors.
While some may view brake checking as a way to “warn” another driver, it is extremely dangerous. A sudden stop can easily cause a rear-end collision, especially at high speeds. In some cases, these accidents lead to multi-vehicle pileups, severe injuries, or even fatalities.
Why Is Brake Checking So Dangerous?
Brake checking is particularly hazardous because it violates basic principles of safe driving. Florida’s roads already see heavy traffic, and when one driver decides to engage in aggressive behavior, everyone around them is put at risk.
Some of the dangers of brake checking include:
- High-speed rear-end crashes – On highways like I-95 or Florida’s Turnpike, a sudden brake check can cause devastating collisions.
- Chain-reaction accidents – Multiple vehicles may collide in heavy traffic if one driver slams their brakes unexpectedly.
- Unexpected injuries – Whiplash, spinal injuries, head trauma, and broken bones are common after brake checking accidents.
- Escalation of road rage – Brake checking often triggers retaliatory behavior, leading to more reckless driving and violence.
Ultimately, brake checking turns Florida’s busy roads into danger zones, making it one of the most reckless and preventable causes of serious car accidents.
Is Brake Checking Illegal in Florida?
Yes. Brake checking can be considered aggressive driving, which is illegal under Florida law.
Depending on the circumstances, it may fall under several traffic violations, including:
- Reckless driving – Driving with a willful or wanton disregard for safety.
- Aggressive driving – Operating a vehicle in a hostile manner, such as cutting off, tailgating, or brake checking.
- Careless driving – Failing to drive safely given the conditions.
If a brake checking accident causes serious injury or death, the responsible driver could also face criminal charges in addition to civil liability for damages.
Who Is Liable in a Brake Checking Accident?
Liability in brake checking accidents can be complex. Typically, in rear-end collisions, the trailing driver is assumed to be at fault for following too closely. However, if evidence shows that the front driver brake checked intentionally, they can be held fully or partially liable for the crash.
Evidence that may prove liability includes:
- Dashcam footage
- Eyewitness statements
- Traffic or surveillance cameras
- Police reports documenting aggressive driving
An experienced Florida car accident lawyer can gather and present this evidence to show that the brake-checking driver was negligent or reckless.
What Compensation Is Available After a Brake Checking Accident?
If you’ve been injured in a brake checking accident, you may be entitled to recover compensation for both economic and non-economic damages, such as:
- Medical expenses – Hospital bills, surgeries, physical therapy, and ongoing treatment.
- Lost income – Wages lost while recovering, and diminished earning capacity if injuries prevent you from working in the future.
- Property damage – Costs to repair or replace your vehicle.
- Pain and suffering – Compensation for the physical pain and emotional distress caused by the accident.
- Punitive damages – In rare cases, if the driver’s conduct was especially reckless or malicious, the court may award punitive damages to punish and deter similar behavior.
By pursuing the full range of damages available, victims of brake checking accidents can secure the financial relief they need to recover and move forward with their lives.
What to Do If You’re Involved in a Brake Checking Accident in Florida
Knowing what to do after a brake checking crash can protect your rights and strengthen your case.
If you’re involved in such an accident:
- Call 911 immediately – Report the crash and ensure a police report is filed.
- Seek medical attention – Even if you feel fine, some injuries may not show up right away.
- Gather evidence – Take photos, get witness information, and preserve dashcam footage if available.
- Avoid confrontations – Do not engage with the aggressive driver; let law enforcement handle it.
- Contact a lawyer – A skilled car accident lawyer can investigate the crash and protect your right to compensation.
Taking these steps not only safeguards your health and safety but also gives you the best chance at holding the reckless driver accountable and recovering fair compensation.
How a Florida Car Accident Lawyer Can Help After a Brake Checking Crash
Brake checking accidents can quickly become complicated when it comes to proving fault. Insurance companies may try to argue that the rear driver is automatically responsible, even when the evidence shows the front driver acted recklessly.
A knowledgeable Florida car accident lawyer can level the playing field by investigating the crash, securing crucial evidence like dashcam footage and witness testimony, and building a strong case on your behalf. Your attorney can also negotiate aggressively with insurers to ensure you aren’t pressured into a low settlement and, if necessary, take your case to court to fight for the compensation you deserve.
Contact Zayed Law Offices Personal Injury Attorneys for a Free Consultation
If you or a loved one has been hurt in a brake checking accident, don’t face the insurance companies alone. Contact Zayed Law Offices Personal Injury Attorneys today for a free consultation and learn how we can fight for the justice and compensation you deserve.
Zayed Law Offices Personal Injury Attorneys – Miami Office
169 E Flagler St Suite 1639, Miami, FL 33131
Phone: (305) 916-6455
Hours: Open 24/7
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Phone:(312) 726-1616
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Our firm is located near you. We have an office in Chicago
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Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
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