Yes, brake checking is illegal in Florida. It is considered reckless driving and potentially road rage. If you brake check another driver and cause a rear-end collision, you are likely to be liable for their damages and injuries.
Brake checking a tailgater might seem like the appropriate response to their reckless and inconsiderate behavior, but this is one of those situations where keeping a cool head pays off. Brake checking and causing an accident makes the situation worse.
If you have been in a car crash, a Fort Lauderdale car accident lawyer can help you get the compensation you need. Contact us today to schedule a free consultation.
What Is Brake Checking?
Brake checking is when a driver hits the brakes hard or taps their brakes out of anger or frustration in a deliberate attempt to startle another driver following behind them. The intent of the brake check is often to get the other driver to stop tailgating.
While the brake checking driver may see their action as an attempt to alert the other motorists that they are following too closely, the law considers it aggressive and a form of road rage.
Why Is Brake Checking Illegal?
Brake checking is illegal in Florida because it escalates an already tense situation and increases the potential for an accident. It is an aggressive and reckless action, and while the brake checking driver may not have intended to cause harm, the results can be catastrophic.
Brake checking endangers not only the brake checker and the driver following behind but every other driver in the vicinity.
Brake Checking Vs. Braking in Emergencies
There is a reason tailgating is illegal, too. Following too closely behind another driver means a much shorter reaction time should they need to stop suddenly. If a driver must slam on their brakes to avoid a collision, a tailgating driver may cause a rear-end collision.
Emergency braking with a tailgater behind you is not the same as brake checking.
Who Is Liable for a Brake Checking Accident?
Tailgating and brake checking are both illegal forms of aggressive driving. So, when accidents occur, who is liable? The answer depends on the circumstances of the accident, but in some cases, both parties will share liability.
Florida’s comparative negligence laws dictate that you may recover damages in an accident even if you were partially at fault, as long as you weren’t more than 50% to blame. However, your award is reduced by the percentage for which you were deemed responsible.
That means if you were in a brake check accident and deemed 40% at fault, you may only recover 60% of your damages. This is one more reason it is so important to consult with an attorney whenever you are in a car accident.
How Do You Prove Brake Checking?
When one person is tailgating and another brake checks, an investigation can easily turn into one story against another. Police and attorneys can show if brake checking played a role in the accident by reviewing dash cam footage and security videos and interviewing witnesses.
They may also tell by the skid marks on the road and the positioning of the vehicles.
What Are the Penalties for Brake Checking in Florida?
Brake checking is illegal in Florida, and the consequences can be very serious. Reckless driving carries a possible penalty of 90 days in jail and a $500 fine for a first offense. However, things can get much worse.
In some cases, an aggressive brake checking incident might be considered vehicular assault. In Florida, that’s a felony punishable by up to 5 years in prison and a $5,000 fine. On top of that, you’d have the potential for civil damages if your actions caused serious injuries.
What Should You Do if Someone Is Tailgating You?
If someone is tailgating you, brake checking is not the answer. Instead, pull into another lane and let them pass. If that’s not possible, pull off the road and let them pass. Above all, keep your cool, and don’t resort to aggressive actions that can make the situation worse.
If it is clear that someone is intentionally trying to harm you on the road, contact the police so they can get involved. Then, drive to a well-lit public area with people around.
What if You Were Brake Checked and Rear-Ended Someone?
If you were tailgating, there is a chance you were partially to blame for the accident. But if you were driving safely and someone brake checked you for no obvious reason and caused an accident, they will be liable for your damages.
Have You Been in a Brake Checking Accident?
Brake checking is illegal in Florida for good reasons. Yes, people who tailgate are frustrating, irresponsible, and inconsiderate. With a small amount of thought, you may come up with a few more colorful words to describe them. But brake checking just escalates the problem.
If you were the victim of a brake check, you may be able to recover damages due to Florida’s comparative negligence laws, even if you were partly at fault. If you did nothing wrong and an aggressive driver brake checked you anyway, they are likely liable for your damages.
At Winston Law Firm, we have been assisting Florida accident victims since 1989. Check out attorney Brandly Winston’s free ebook, Five Deadly Sins That Can Wreck Your Injury Claim. Or call today to schedule a free consultation and discuss your accident.
