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    Is Brake Checking Illegal In Florida?

    Brake checking, a dangerous driving practice, contributes to many rear-end collisions across the U.S. According to the NHTSA, rear-end crashes account for about 30% of all traffic accidents. With road rage incidents on the rise, brake checking is becoming more common in Florida, particularly in busy cities like Tampa. But is it illegal?

    At Mickey Keenan P.A., the legal team advises that brake checking is illegal in Florida. This means that the practice can result in both criminal and civil penalties. If you have been injured in an accident involving brake checking, we can help you hold the negligent party accountable.

    Keep reading to understand why this is the case and what legal consequences may follow this reckless act.

    Brake Checking And Its Dangers

    Brake checking occurs when a driver intentionally hits their brakes to force the vehicle behind them to stop suddenly. This aggressive driving tactic often stems from road rage or frustration with tailgating.

    However, it significantly increases the risk of certain kinds of car accidents. These include:

    • Rear-end crashes
    • Accidents in poor weather conditions
    • Swerving or off-road accidents
    • Multi-car pileups
    • Side collisions from evasive maneuvers

    In Florida, brake-checking collisions can lead to severe injuries, especially when brake-checking on road curves, at high speeds, or on busy roadways. Additionally, there could be legal battles over fault and liability.

    Florida Law On Brake Checking

    Under Florida law, brake checking is considered a form of reckless driving. Florida Statute 316.192 defines reckless driving as having a willful disregard for others’ safety while driving. Brake checking fits squarely into this definition, as it intentionally puts other drivers at risk.

    If you are caught brake checking, you may face various legal consequences, including:

    • Fines. Florida law imposes penalties for reckless driving, which may range from $25 to $500 for a first offense, depending on the severity of the incident.
    • Jail term. A first offense may also include up to 90 days in jail.
    • Criminal charges. In cases where brake checking results in serious injury or death, a driver may face criminal charges, including felony reckless driving or vehicular manslaughter.
    • Points. These accidents may lead to penalty points being added to the offending driver’s license.

    Brake checking can also cause personal injury lawsuits if it results in an accident. The driver who brake checks may be held accountable for the resulting damages, including medical bills, lost wages, and property damage. A lawyer will assess the severity of your injuries and their impact on your life to help you pursue a fair legal recovery.

    The Consequences Of Brake Checking In Tampa

    In Tampa’s busy traffic, brake checking can be especially risky. The high volume of vehicles on highways like I-275 or the Selmon Expressway means a sudden stop can easily cause a chain reaction of accidents. Rear-end collisions not only damage vehicles but also often result in injuries, some of which may be serious, such as whiplash, head trauma, or even fatalities.

    Florida’s ‘no-fault’ insurance laws mean that PIP will cover initial medical costs, but determining liability remains essential when injuries are severe, or damages exceed PIP coverage. If you were brake-checked by another driver and injured in the resulting crash, you might be eligible to take legal action to pursue recovery beyond what your insurance covers.

    Your lawyer will help prove the other driver was negligent by gathering evidence such as dashcam footage, eyewitness testimonies, or traffic camera recordings. If a satisfactory settlement cannot be reached, your advocate will represent your interests before a judge to fight for enough compensation for your losses resulting from the crash.

    Call A Tampa Car Accident Lawyer For Legal Guidance

    Brake checking is a risky practice that can have severe consequences for both the driver initiating it and the victims involved. If you’ve been involved in an accident caused by brake checking, it’s important to get legal help immediately. The legal team at Mickey Keenan P.A. will guide you through your legal options. A Florida car accident attorney will help determine liability, negotiate with the defendants, and pursue adequate compensation for your injuries and losses. Call us today at (813) 536-6461 to request a free case review and learn about the available options.