Is brake checking illegal in Florida? Yes, and if you’ve been injured in an accident caused by someone slamming on their brakes in front of you, you need legal help. Contact Cardoso Law, PLLC, to schedule a free consultation with a reputable Florida car accident lawyer who can protect your rights and pursue the compensation you deserve.
What is Brake Checking?
The definition of brake checking is as follows: When a driver suddenly and unnecessarily applies their brakes in front of another vehicle, often to intimidate or retaliate against a tailgating driver.
Aggressive motorists use brake checking as a dangerous tactic to “teach a lesson” to drivers they believe are following too closely. While the behavior might seem like a minor annoyance, brake checking creates serious hazards on Florida roadways.
Brake Checking and Its Dangers
Intentionally slamming on your brakes in front of another vehicle puts everyone at risk. The consequences can range from property damage to catastrophic injuries and even death. Brake checking dangers include the following:
- Rear-End Collisions – The driver behind may not have enough time to stop, leading to a sudden impact that can cause whiplash, back injuries, and vehicle damage.
- Chain-Reaction Crashes – A rear-end collision triggered by brake checking can cause multiple vehicles to collide, especially in heavy traffic or on highways where cars travel at high speeds.
- Road Rage Escalation – Brake checking often stems from anger and can provoke further aggressive behavior, creating a volatile situation that endangers other motorists.
- Serious Injuries – Victims of brake-checking accidents frequently suffer neck injuries, traumatic brain injuries, spinal cord damage, and broken bones that require extensive medical treatment.
Florida Law on Brake Checking
Florida Statute § 316.0895 addresses aggressive, careless driving, which includes intentionally braking to harass or intimidate another motorist. Additionally, Florida Statute § 316.192 covers reckless driving, which applies when a driver operates a vehicle with willful disregard for the safety of others.
Penalties for Illegal Brake Checking in Florida
Drivers who engage in brake checking face serious legal consequences. Florida law enforcement can issue citations and pursue criminal charges depending on the severity of the incident. Penalties for illegal brake checking in Florida include the following:
- Reckless Driving – A conviction under Florida Statute § 316.192 can result in up to 90 days in jail, fines up to $500, and a permanent mark on your driving record.
- Aggressive Driving – Under Florida law, aggressive and careless driving carries penalties, including fines, possible jail time, and mandatory attendance at driver improvement courses.
- Vehicular Assault – When brake checking causes serious bodily injury, prosecutors may pursue felony charges that carry substantial prison sentences and steep fines.
- Demerit Points – Convictions for reckless or aggressive driving result in the addition of points to a driver’s license, which can lead to license suspension and higher insurance premiums.
- Civil Liability – Brake checking drivers can be held financially responsible for medical bills, lost wages, pain and suffering, and property damage through personal injury insurance claims and personal injury lawsuits.
What to Do If You Are Involved in a Brake-Checking Accident
Taking the right steps immediately after an accident strengthens your claim. Protect your health and your legal rights by following these guidelines:
- Gather evidence at the scene.
- Take photos of vehicle damage and road conditions.
- Get contact information from witnesses.
- Exchange insurance details with other drivers.
- Report the accident to the police.
- Seek medical attention immediately.
- Document all injuries and symptoms.
- Keep records of medical treatment.
- Avoid discussing fault at the scene.
- Contact an experienced car accident attorney.
How to Prove a Driver Was Brake Checking
Building a strong case requires solid evidence that demonstrates the other driver’s intentional actions. Our Florida car accident lawyer collaborates with accident reconstruction experts and thoroughly investigates all available sources of evidence:
- Video Evidence – Dashcam footage, traffic cameras, and surveillance video from nearby businesses can capture the brake-checking incident and show the driver’s sudden, unjustified braking.
- Witness Testimony – Other motorists or passengers who observed the aggressive behavior can provide statements that corroborate your account of what happened.
- Onboard Vehicle Data – Modern vehicles store electronic data about speed, braking patterns, and other driving behaviors that can reveal sudden deceleration without legitimate cause.
How Can Cardoso Law, PLLC Help
At Cardoso Law, PLLC, we provide high-quality, compassionate legal representation to brake-checking accident victims throughout Florida. Our team fights aggressively to hold negligent drivers accountable and secure maximum compensation for our clients. Our Florida car accident attorneys can do the following:
- Investigate your accident thoroughly
- Gather and preserve evidence
- Identify all liable parties
- Calculate your full damages
- Negotiate with insurance companies
- File your claim before the deadlines expire
- Represent you in court if necessary
- Keep you informed throughout the process
- Charge nothing in attorney fees unless we successfully resolve your matter
FAQs on Brake Checking
Can You Get a Ticket for Brake Checking in Florida?
Yes, police officers can issue traffic citations for brake checking under Florida’s reckless driving and aggressive careless driving statutes. Officers who witness the behavior or respond to accidents caused by brake checking have the authority to issue a citation to the driver at fault.
Is Brake Checking a Traffic Violation?
Is brake checking illegal enough to also warrant a traffic violation? Absolutely. Brake checking violates multiple traffic laws in Florida. Courts treat intentional brake checking as reckless or aggressive driving, both of which are criminal traffic offenses that carry significant penalties.
Who is Liable in an Accident if You Were Brake Checked
The brake-checking driver typically bears primary liability for accidents they cause. However, fault determination can reveal other liable parties, such as the following:
- The following driver, if they were tailgating
- Vehicle manufacturers for defective brakes
- Government entities for poor road maintenance
- Employers, if the brake checker drove a company vehicle
Contact Our Car Accident Attorney Today for a Free Case Evaluation
Don’t let an aggressive driver’s reckless behavior cost you physically and financially. Call Cardoso Law, PLLC, or complete our online contact form to schedule a free consultation with an experienced car accident lawyer in Florida. We can evaluate your case, identify strengths and weaknesses, explain your legal options, and fight for your justice and a full settlement for your economic and intangible losses.
