What Is Brake Checking?

A dangerous driving maneuver, brake checking is when a driver suddenly and intentionally slams on their brakes, often to intimidate or provoke another driver following too closely. This aggressive tactic is typically used in cases of road rage, where a driver wants to punish a tailgater or express their frustration.

It’s important to connect with a Miami personal injury lawyer to protect your rights following an accident with an aggressive driver. Brake checking and other irresponsible driving behaviors  can cause serious accidents and injuries, making it a reckless action.

Is Brake Checking Legal?

In Florida, brake checking is illegal because it can be classified as aggressive or reckless driving. Florida law defines reckless driving as operating a vehicle in willful or wanton disregard for the safety of persons or property. Because brake checking is an intentional act that puts other motorists at risk, a driver who engages in this behavior can face legal consequences, including fines, license suspension, and even criminal charges in severe cases.

Brake checking can also be considered a form of negligence in personal injury claims. For example, should a driver suddenly slam on the brakes without warning, the trailing driver may not have enough time to react, leading to a crash. Common injuries resulting from brake-checking accidents include whiplash, concussions, spinal injuries, and broken bones.

Although Florida follows a comparative negligence system, meaning both parties in an accident may share fault, insurance companies and courts often consider the brake-checking driver to be at fault if there is clear evidence of their aggressive actions.

When Can a Brake-Checking Driver Be Held Liable?

Strong evidence is key for a successful injury claim. A brake-checking driver may be held accountable for accident-related expenses in the following situations:

• Dash cam or surveillance footage. If video evidence shows that the driver intentionally slammed on their brakes without a legitimate reason, this can be used to prove negligence.
• Eyewitness testimony. Witnesses who saw the brake checking incident can provide statements that support the victim’s claim.
• Police reports. If law enforcement responds to the accident and determines that brake checking was a factor, their report can help establish fault.
• Traffic violations or arrests. Sometimes brake-checking drivers are cited for reckless driving, this can serve as strong evidence in a personal injury case.
• Vehicle damage patterns. Accident reconstruction experts can analyze the damage and determine if the accident resulted from an intentional brake check.

If you are involved in an accident caused by brake checking, call the police and request an accident report. Then, if possible, gather evidence, including dashcam footage and witness contact information. Seek medical attention for any injuries.

Intentionally slamming on the brakes is a reckless act that endangers everyone on the road. If you have been injured due to another driver’s aggressive behavior, have a conversation with a skilled Miami personal injury lawyer to explore your legal options.

Are you healing from an injury caused by a reckless driver? Share the details of your situation with the legal team at Spencer Morgan Law. Schedule a confidential consultation today, simply call 305-423-3800.