June 13, 2025 | Car Accidents
Aggressive driving is a leading cause of car accidents in Florida, and one of the most dangerous forms of road rage is brake checking. This reckless behavior puts drivers and passengers at serious risk and can result in severe injuries, costly property damage, and legal disputes over liability.
If you’ve been injured in a car accident caused by brake checking, understanding your rights under Florida personal injury law is essential. This article will explore what brake checking is, why it’s so dangerous, how liability is determined in these cases, and what legal options are available to victims.
What Is Brake Checking?
Brake checking occurs when a driver suddenly and intentionally slams on their brakes to intimidate or retaliate against another driver following too closely. The goal is often to “teach the other driver a lesson” by forcing them to stop short or collide with their vehicle. While some people see it as a reaction to tailgating, it’s actually a form of aggressive driving and can escalate into a serious or even deadly accident.
Brake checking is especially dangerous at high speeds or in heavy traffic, where drivers have limited time and space to react.
It can cause:
- Rear-end collisions
- Multi-vehicle pileups
- Chain-reaction accidents
- Loss of control and spin-outs
Making sure to get timely inspections or having your brakes checked before a major trip can ensure your safety on the road.
Is Brake Checking Illegal in Florida?
Yes, brake checking is considered reckless and aggressive driving under Florida law. According to Florida Statutes § 316.1923, a driver engages in aggressive careless driving when they commit two or more violations such as:
- Improper lane change
- Following too closely
- Speeding
- Failing to yield
- Violating traffic control devices
- Improper passing
Sudden braking that leads to an accident can be considered reckless driving under Florida Statutes § 316.192, which defines reckless driving as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” If proven, this can be used to establish negligence in a personal injury lawsuit.
Who Is at Fault in a Brake Checking Accident?
In Florida, determining fault in brake checking accidents can be complicated. While rear-end collisions typically lead to the assumption that the trailing driver is responsible, that’s not always the case when brake checking is involved.
Courts and insurance companies may assign fault based on evidence that the leading driver’s sudden stop was intentional and unnecessary. If proven, the lead driver may be found fully or partially liable, even in a rear-end crash.
Florida follows a modified comparative negligence rule.
This means:
- You can recover damages if you are 50% or less at fault
- Your compensation will be reduced in proportion to your percentage of fault
- If you are more than 50% at fault, you are barred from recovery
For example, if a brake-checking driver is found 80% responsible and you are 20% at fault for tailgating, you can still recover 80% of your total damages.
Evidence That Can Prove Brake Checking
Proving that another driver caused a crash by brake checking can be challenging without proper evidence.
An experienced Florida car accident attorney can help gather and present critical documentation to support your claim, including:
- Dashcam footage: This is one of the most effective tools to demonstrate sudden and unnecessary braking.
- Eyewitness statements: Testimonies from passengers or other drivers can corroborate your version of events.
- Accident reconstruction: Experts can analyze skid marks, impact angles, and stopping distances.
- Vehicle data: Some modern cars store data about braking patterns, speed, and collisions.
This evidence can help overcome assumptions that the following driver is automatically at fault.
Common Injuries Caused by Brake Checking Accidents
Brake checking often leads to high-impact collisions that can cause a wide range of serious injuries, including:
- Whiplash and neck injuries
- Spinal cord trauma
- Concussions and traumatic brain injuries
- Broken bones and fractures
- Facial lacerations from airbags or glass
- Emotional trauma and anxiety
If you’ve suffered any of these injuries, you may be entitled to compensation for medical bills, lost wages, rehabilitation, pain and suffering, and future loss of earning capacity.
What to Do After a Brake Checking Accident
If you’ve been involved in an accident that you suspect was caused by brake checking, follow these steps to protect your rights:
- Call 911: Always report the crash and obtain a police report. Mention any aggressive behavior or suspicious driving.
- Seek medical attention: Even if you feel okay, some injuries develop hours or days later.
- Document the scene: Take photos of the damage, road conditions, skid marks, and license plates.
- Collect witness information: Get names and contact info from bystanders who saw the crash.
- Notify your insurance company: Provide basic facts, but avoid giving recorded statements until you consult an attorney.
- Contact a personal injury lawyer: Legal representation can make the difference between a denied claim and full compensation.
Taking these steps can ensure you do not miss out on any recovery that you may qualify for.
Can Brake Checking Be Charged as a Crime?
Yes. In some cases, brake checking may result in criminal charges in addition to civil liability. If the behavior is found to be especially reckless, it may lead to citations for aggressive driving, reckless driving, or even vehicular assault. Criminal charges can strengthen your civil claim by establishing a pattern of dangerous behavior.
How a Florida Personal Injury Attorney Can Help
Navigating the aftermath of a brake checking accident can be overwhelming, especially when liability is disputed.
A qualified Florida personal injury lawyer can assist you by:
- Conducting a thorough investigation
- Gathering video and digital evidence
- Identifying all liable parties (including employers in commercial vehicle cases)
- Calculating your full damages
- Negotiating with insurance companies
- Taking your case to court, if needed
Many lawyers work on a contingency fee basis, so you pay nothing upfront and only owe legal fees if you win.
Moving Forward After a Brake Checking Crash
Brake checking isn’t just reckless—it’s dangerous and illegal. Victims of these accidents deserve justice, but they must act quickly and strategically to build a strong personal injury case.
If you’ve been injured in a crash, contact Graves Thomas Rotunda Injury Law Group for a free consultation with a Florida car accident lawyer.
Contact a Port St. Lucie Brain Injury Lawyer at Graves Thomas Rotunda Injury Law Group for a Free Consultation
Don’t wait to get the help you need. If you’re suffering from persistent neck pain and suspect it may be tied to a traumatic brain injury caused by someone else’s negligence, contact our experienced brain injury lawyers at Graves Thomas Rotunda Injury Law Group to schedule a free consultation today.
We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Rotunda Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-5735
Graves Thomas Rotunda Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 404-3858
Graves Thomas Rotunda Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 617-8814
