A sudden flash of brake lights. The car ahead slows for no reason. You’ve just been brake-checked. But is brake checking illegal in Florida? This aggressive maneuver, often done out of frustration or spite, can easily cause rear-end collisions and serious injuries. Although it might appear to be just a nuisance, Florida law takes it seriously.
In this article, we’ll explore what brake checking means legally, the potential penalties involved, who could be held responsible in an accident, and the steps to take if you’re on either side of a brake-checking incident.
What Is Brake Checking?
Brake checking takes place when a driver intentionally hits the brakes. Not because of traffic or road conditions, but to send a message to the person driving behind them. This kind of behavior, often fueled by anger or frustration, is a frequent sight on Florida’s busy highways. It usually happens when a driver slows down abruptly on a clear road, forcing the vehicle behind to brake suddenly to avoid a crash.
This aggressive action is considered dangerous driving and can seriously raise the risk of accidents, which may cause damage, injuries, or even worse outcomes. If you ever find yourself in this type of situation, it’s important to know your legal rights. Take a look at this Florida crash guide to learn how to gather evidence and protect your legal standing.
Is Brake Checking Illegal in Florida?
Brake checking is not explicitly named in Florida statutes, but the act itself is prohibited under the law. Authorities address it through Florida Statute §316.192, which covers reckless driving, and §316.1923, which deals with aggressive careless driving.
Reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of others. Slamming on the brakes to intentionally startle or endanger the driver behind clearly falls into this category. Aggressive careless driving applies when a motorist commits multiple dangerous actions in one episode, like brake checking along with weaving through traffic or following too closely.
The penalties depend on the outcome of the incident. A first reckless driving offense can lead to a fine of up to $500, four points on your license, increased insurance rates, and up to 90 days in jail. If the brake checking leads to minor injuries or property damage, it could be charged as a first-degree misdemeanor, carrying up to one year in jail and a $1,000 fine. If someone suffers serious bodily harm, it might escalate to a third-degree felony, with penalties reaching five years in prison and a $5,000 fine.
Florida police and courts take these cases seriously. Even if a driver insists they had a valid reason for braking, proof of intent can result in major legal consequences.
Are You at Fault If You Brake Check Someone?
Here’s where things get messy. In most rear-end collisions, Florida law points at the driver in the back. Why? You’re expected to maintain a safe following distance. But brake checking muddies the waters.
Florida uses a comparative negligence system, so fault can be split between drivers. If the lead driver brake-checked on purpose and triggered a crash, they could shoulder most or even all the blame. Dashcam footage, witness accounts, or accident reconstruction reports can prove whether the braking was sudden and uncalled for, especially if the lead driver was speeding or weaving erratically.
Sorting out fault isn’t always straightforward. Curious about how fault works in Florida’s no-fault system? Check out who pays for car damage in a no-fault state.
Can Brake Checking Be Proven?
Yes, it’s possible to prove that brake checking occurred, but doing so usually depends on how strong and clear the available evidence is. Because intent is such a crucial element, detailed documentation is essential to support your case.
To confirm that brake checking happened, compelling evidence is needed. Some of the most reliable sources include:
- Dashcam Footage: A video recording can clearly show when and how the braking happened, the distance between vehicles, and the overall driving environment, helping to determine if the action was intentional.
- Police Reports: These official records summarize the officer’s observations at the scene, any traffic citations issued, and other relevant factors that may indicate fault.
- Witness Statements: People who saw the incident, such as other drivers or pedestrians, can provide firsthand accounts that support claims of deliberate braking.
- Accident Reconstruction: In more complex situations, crash experts may evaluate physical evidence like skid marks, vehicle positioning, and impact points to reconstruct what took place and determine intent.
If you're involved in a case like this, it's important to know how long you have to act. Learn more about Florida's lawsuit timeline after a car accident to make sure your rights are protected.
Can You Report Someone to the Police for Brake Checking?
Yes, you can report someone to the police for brake checking, especially if the action caused a crash or appeared to be intentional. Law enforcement treats this behavior seriously because it creates a real risk of injury and property damage.
If you're involved in an incident like this, start by contacting the police immediately, even if the damage seems minor. Provide a clear statement about what happened and emphasize any aggressive or reckless behavior you observed. If possible, show dashcam footage or photographs from the scene.
You should also collect evidence to support your report. This includes license plate numbers, contact information from any witnesses, and photos of vehicle positions and damage. If a police officer did not respond at the time of the accident, you can still file a report afterward. For guidance on how that works, read our article on reporting an accident to the police after the fact in Florida.
Filing a report helps create an official record, which can be important if legal action follows or if the insurance company questions liability.
What to Do If You Were the Victim of Brake Checking
If you believe you fell victim to brake checking, your immediate goal should be to stay composed and prioritize safety. Pull over to a secure location and immediately contact the police to report the incident. Having an official record can be crucial for fault determination or seeking compensation later.
Refrain from admitting fault at the scene, even casually. Phrases like “I didn’t notice you stopping” or “I was following too closely” could be used against you. Stick to the facts and share your perspective with law enforcement when they arrive.
Document the entire situation. Use your phone to capture images of the vehicles, road conditions, damages, and any injuries sustained. If you have dashcam footage, ensure it is preserved immediately. Obtain names and contact details from witnesses and take note of the other driver’s behavior before the incident.
Florida operates under a no-fault system, which means your insurance will initially cover medical costs, regardless of who was at fault. However, fault can still be significant. In severe cases, you may have grounds for additional compensation. Learn how Florida’s no-fault laws influence your options.
If you have injuries or suspect the brake checking was intentional, contacting a personal injury attorney is a wise step. Legal advice can aid you in navigating liability matters and safeguarding your rights.
How The Browning Law Firm Can Help
If a brake-checking incident left you injured, you need a legal team that gets it, both the law and the chaos of Florida roads. At Browning Law Firm, we’ve handled countless traffic injury cases across the state, and we know how to build a rock-solid case.
Our founding attorney, Coy H. Browning, is a former Florida State Trooper who’s seen it all, from accident scenes to courtroom battles. His experience in crash investigations gives us an edge in proving fault against reckless drivers. We offer free consultations, and for personal injury cases, you pay nothing unless we win compensation for you. That’s zero upfront costs, so you can focus on healing.
Been hit by a brake checker? Contact us today to explore your options and stand up for your rights.