Liability for Brake Check Crashes in Florida

scared driver about to crash

Liability for Brake Check Crashes in Florida

Were you injured in a collision caused by a driver who chose to “brake check” you in Florida? If so, you should not have to pay the price for someone else’s poor decisions. You might be entitled to compensation from your no-fault auto insurance policy or, if your injuries are serious, from the other driver’s insurance. 

With the help of an experienced Florida car accident lawyer, you could potentially recover the compensation you need to pay your bills, recoup lost wages, repair your vehicle, and move on from the crash.

What Is Brake Checking?

“Brake checking” refers to the irresponsible and dangerous driving practice of braking abruptly and forcefully to startle or agitate a driver behind you. In many cases, brake checking is an aggressive tactic that some drivers use to “get back” at others who are tailgating or behaving rudely.

Regardless of the reasons, braking suddenly in front of another driver is a risky and potentially deadly move. If the following driver fails to react in time to a brake check maneuver, the resulting rear-end collision can cause severe injuries.

Liability in Florida Brake Checking Accidents

Under § 316.0895 of the Florida traffic code:

  • Motor vehicle drivers must not follow behind other vehicles “more closely than is reasonable and prudent” for speed and traffic conditions.
  • It is unlawful for motor vehicle drivers to follow within 300 feet of another vehicle while traveling on state roads outside of business or residential areas.
  • When drivers are traveling on public roads, they must allow enough space around their vehicles for other vehicles to enter the space safely.

In short, both following too closely and brake checking are illegal practices on Florida roads. If you were involved in an accident because someone else decided to brake check you, you might be entitled to compensation from an injury claim. 

However, if the other party argues that you were following too closely, it could affect your ability to recover compensation. A knowledgeable attorney can help you establish a strong case and identify helpful evidence to support your claim.

Determining Fault for a Brake Checking Accident in Florida

When investigators look into a brake check accident in Florida, they may use the following types of evidence to determine who was at fault:

  • Photos and video footage – Photos of the accident scene and video footage of the collision itself from a dashcam or surveillance camera could show exactly what happened in the moments before and after the crash occurred.
  • Police accident reports – Police reports often contain useful information such as accident diagrams and details about any traffic violations. Although the police do not have final say about fault, their opinions can be helpful. 
  • Eyewitness statements – Statements from eyewitnesses who saw the crash occur can support claims from those involved in the accident.
  • Expert witness testimony – Expert witnesses such as accident reconstruction specialists and medical professionals can provide valuable insight into the causes and effects of the crash.

Contact Our Experienced Dade City Car Accident Lawyer Today

At The Disability Law Firm, P.A., our experienced Dade City car accident lawyer is prepared to help with your brake check accident case, no matter how complex it is. Our firm is located in Dade City and serves all of Pasco and Polk Counties. Contact us today to discuss the details of your situation in a free initial consultation. 

Personal Injury Lawyer Robert Alston

Robert developed a passion for helping people at a young age. His parents instilled in him the importance of taking care of family and friends, no matter the need. Robert’s Dad, a WWII Vet, provided for his family working with cattle and in citrus harvesting. Working alongside of his dad, Robert learned to appreciate the value of hard work, doing a job well, and the importance of helping others.