Mark Roman | July 27, 2022 | Car Accidents
One of the most common causes of collisions in Florida is brake checking. Brake-checking accidents put drivers and others on the road in unnecessary danger.
If you’ve suffered a brake-checking car accident and you’re unsure of what to do next, consult with a car accident attorney in Florida. A lawyer has the experience and knowledge to manage your case from start to finish and handle the most important tasks related to your case.
What Is Brake Checking?
Brake checking occurs when the driver in front suddenly slams on their brakes to shock or scare the rear driver.
Individuals often brake check while driving aggressively or recklessly or as a way to punish a driver tailgating them. Tailgating is when a driver drives too close to the car in front, leaving little to no space for the driver in front to stop safely.
There is never a valid excuse or reason to brake check. It’s dangerous and frequently causes accidents.
Brake checking is one of the most common causes of rear-end collisions. These collisions occur when the rear vehicle hits the back of the car in front of them.
Aside from the property damage, victims of rear-end collisions suffer various injuries, including neck injuries, back injuries, and soft tissue injuries. In the worst cases, rear-end collisions result in death. The latest data from the Insurance Information Institute show that, in 2019, 2,346 rear-end accidents were fatal.
Is Brake Checking Legal in Florida?
Not only is brake checking dangerous for everyone involved, but it is also illegal in Florida. Because brake checking is an unlawful driving practice, if an individual causes an accident because of it, they can face liability for the collision.
Who’s Liable for Accidents Caused by Brake Checking in Florida?
Brake checking commonly results in rear-end collisions; however, liability for rear-end collisions often lies with the rear driver.
Under Florida law, drivers cannot follow the car in front of them more closely than is reasonable, depending on the traffic, speed, and condition of the road. Therefore, the rear driver typically holds responsibility for rear-end collisions, as they create an unsafe distance between vehicles, resulting in an accident.
Because of this, brake checking accident cases are difficult to handle. While it may seem as though the rear driver is at fault, they may not be at fault at all, and the responsibility might lie entirely with the front driver for causing the accident.
Both drivers can also share fault in the accident if, for example, the rear driver was tailgating and the front driver was brake checking. In these cases, Florida’s comparative negligence rule applies. Under this rule, the plaintiff’s percentage of fault impacts the settlement amount they’re entitled to receive.
To hold the front driver responsible for the accident, the rear driver needs to provide evidence that proves the front driver’s negligent or reckless behavior. Evidence can include video and witness testimony. Police reports may also give valuable insight and help strengthen the rear driver’s case.
Establishing liability is one of the most critical parts of car accident cases. Brake checking accident cases are challenging to handle, making it imperative to hire a car accident attorney with extensive experience handling these types of claims.
Consult With a Florida Car Accident Attorney
Brake checking accidents are entirely avoidable, but unfortunately, they happen frequently. If you’re the victim of a brake checking accident, you may feel lost and unsure of what to do. A car accident lawyer in Florida has the experience, skills, and resources to handle your case and pursue a favorable outcome on your behalf.
Contact the Clearwater Car Accident Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a car accident lawyer in Clearwater. We have five convenient locations in Florida: Clearwater, New Port Richey, and Tampa.
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655