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The Devastating Results Of Brake Checking In Florida


Brake checking is a serious problem and something many Florida drivers have to face daily as they commute each day. Traffic jams and roadway backups are a big source of frustration for many Florida drivers, and that frustration can easily turn into road rage and cause a driver to become reckless. This can ultimately harm other drivers on the road.

Road rage is one of the leading causes of accidents in Florida, and one form of road rage is brake checking.

What Is Brake Checking?

Brake checking occurs when a driver steps on their brakes suddenly to catch the driver behind them off guard. It forces the driver at the back to quickly hit their brakes to avoid hitting the car in front of them and doing costly damage and harm. Brake checking is an illegal act because of the significant damage it can cause.

Many times, brake checking is done to annoy a driver who may be following too closely or provoke them if they don’t seem affected by the situation. However, that isn’t always the case, and it doesn’t make it less devastating.

Rear-End Collisions

Brake checking causes rear-end collisions. This is when the front part of a vehicle collides with the back of another. Rear-end collisions are a common auto accident and can inflict serious injury on those involved.

Some injuries one can sustain during a rear-end collision include traumatic brain injury, whiplash, soft tissue injuries, and back injuries. Brake checking is a clear example of aggressive driving and can even be punishable as vehicular assault, reckless driving, or vehicular homicide if a death occurs because of it.

Determining Fault

So how do you determine who is at fault for a rear-end collision? In many cases, the fault is typically placed on the driver in the back who collided with the vehicle in front of them. However, if the accident was caused by brake checking, then that rule doesn’t apply.

When the driver of the vehicle in front decided to brake check the vehicle behind them, they effectively created a dangerous situation for themselves and the other driver. The cars behind the back driver may not even have adequate distance to stop, which can cause an even bigger pileup.

Proving Liability

If serious injuries were sustained as the result of an auto accident, then there may be an exception to the Florida no-fault laws that are in place. This means victims may be able to seek compensation for damages from the responsible party. They can do this by filing an auto accident injury claim that can prove negligence. Proving negligence as a result of brake checking, however, can be quite challenging.

Visual evidence will come in handy when it comes to proving negligence in an auto collision. Video footage will show that the accident was caused when the vehicle in front brake checked. Dashboard cameras or any other cameras in the general vicinity can be a source of that. With this evidence, the person who decided to brake check will likely be held responsible for their dangerous actions.

Seek Out An Auto Accident Attorney

Since these cases can be hard to prove, it may be in your best interest to seek counsel from an experienced auto accident attorney. They can help you navigate the claims process and ensure that you have all the necessary evidence to prove liability and negligence.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

The Devastating Results Of Brake Checking In Florida

Goldman Babboni Fernandez
Murphy & Walsh




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