Workman Car Accident & Personal Injury Lawyers | April 11, 2025 | Car Accidents
Brake checking may seem like a good way to send a message, but in Florida, it’s a fast track to crashes and ensuing legal trouble.
The Sunshine State sits within the top 30 for aggressive driving across the nation, and brake checking is a significant contributor to rear-end accidents, road rage incidents, and even multi-vehicle accidents on packed highways.
This blog post will take an up-close look at brake checking, why it’s so dangerous, and what Florida law says about it.
What Is Brake Checking?
Brake checking occurs when a driver purposely taps, presses, or slams on their brakes to force the vehicle behind them to slow down suddenly, usually in response to being followed too closely (tailgating) or, more rarely, to provoke a car accident.
While some drivers might mistakenly believe that insurance will automatically place all blame on the rear driver without question, Florida law recognizes brake checking as reckless behavior with serious consequences.
A few reasons why drivers might engage in brake checking include:
- Road Rage: A knee-jerk reaction to perceived slights (e.g., tailgating, being cut off)
- Insurance Fraud: Scammers may stage crashes to file false injury or property damage claims
- Manipulation: Some drivers use brake checking as a way to toy with or “teach a lesson” to other motorists
Whether it’s done out of anger or for money, brake checking is reckless, and it’s leaving a growing trail of collisions behind.
Is Brake Checking Illegal In Florida?
Florida Statute 316.192 prohibits reckless driving. A motorist who gets caught brake checking can face serious consequences, especially if they cause an accident while doing so.
The repercussions of aggressive tactics like brake checking can include fines, points on your driver’s license, and even jail time in some circumstances.
Brake checking isn’t just annoying or aggressive — it’s risky and illegal, and the potential consequences to both drivers are nothing to play with.
Typical Collisions Caused by Brake Checking
Brake checking can set off a dangerous chain reaction, and on roads with as much traffic as Florida’s, the results can be severe. Here are some of the most common outcomes of brake checking:
Rear-End Collisions
When a driver brakes without warning, and the car behind them doesn’t have enough time to stop, it can cause a rear-end collision. These accidents become particularly perilous at higher speeds, where the margin of error shrinks, and the likelihood of injury increases dramatically.
Swerving Wrecks
If the rear driver swerves in response to the brake check, they could sideswipe someone in the adjacent lane, strike a guardrail, or run off the road entirely. SUVs and taller vehicles are at greater risk since sudden changes of direction can trigger uncontrollable rollovers.
Multi-Vehicle Pileups
A single brake check on a busy highway can lead to a multi-car pileup. For instance, if a driver brakes hard in dense traffic and the vehicle behind them can’t react in time, it could produce a domino effect that ends in several cars being damaged. Such wrecks are destructive, and they often involve innocent drivers who were uninvolved in the original incident.
Florida’s congested roads, particularly near major cities and tourist hot spots, make all of these types of crashes more probable.
Legal Options After a Brake-Checking Crash
Victims of brake-checking collisions in Florida can potentially file lawsuits to recover damages for injuries, vehicle repairs, and other losses. Because brake checking is considered a reckless act, proving negligence on the part of the brake-checking driver can greatly strengthen a plaintiff’s legal case.
To win a brake-checking claim against the other driver, you must prove:
- Duty of Care: The defendant had a legal obligation to drive safely
- Breach of Duty: Their brake checking violated traffic laws
- Causation: The abrupt braking directly caused the crash
- Harm or Loss: You suffered injuries, property damage, or other compensable losses
If your case is successful, you could receive compensation for both your economic and non-economic damages.
Liability Issues in Florida Brake-Checking Cases
When brake checking causes accidents in Florida, figuring out who’s at fault requires analyzing evidence like traffic camera footage, vehicle damage patterns, and witness statements.
In rear-end collisions, the fault usually lies with the following driver for failing to maintain a safe distance. However, if the driver in the lead slammed on their brakes intentionally to make the rear vehicle stop or swerve, their intent may place the liability with them.
If the following driver has strong enough evidence that the lead driver brake checked them on purpose, especially if there were no road hazards or other justifications for the sudden stop, they may be able to overcome the normal presumption of fault.
Indications of aggressive behavior, like erratic lane changes or visible gestures, can further support the case that the brake checking was deliberate.
Florida operates under a modified comparative negligence system, which means each driver will be assigned a share of liability. For instance, if the rear driver was following too closely, they could bear partial responsibility. If the lead driver intentionally engaged in brake checking, they may be mostly or fully liable.
Evidence like witness statements, police reports, and dashcam footage can help ensure that fault is assigned properly. By collecting all applicable evidence, you can help establish who was at fault for your accident and work toward a fair decision.
Protect Yourself After a Brake-Checking Accident
If you’ve been hurt in a brake-checking incident, consider working with a personal injury lawyer who has experience with aggressive driving cases. By taking timely legal action under the guidance of a skilled car accident lawyer, you stand to receive compensation for your medical expenses, inability to work, vehicle repairs, and other losses.
Contact the Car Accident Law Firm of Workman Car Accident & Personal Injury Lawyers Today For Help
For more information, please contact an experienced car accident lawyer at Workman Car Accident & Personal Injury Lawyers for a free consultation.
We proudly serve Fort Lauderdale, Clermont, and its surrounding areas:
Workman Car Accident & Personal Injury Lawyers
633 S Andrews Ave Ste 401, Fort Lauderdale, FL 33301
(954) 361-3997
Workman Car Accident & Personal Injury Lawyers
1655 E Hwy 50 ste 316, Clermont, FL 34711
(352) 77-33866