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To begin with, brake checking like other aggressive driving behaviors is a growing problem on our roads. And, with more drivers on the road, the congestion can irritate many drivers to the point it causes them to drive recklessly. Thus, the irritation can escalate to brake checking or other forms of road rage. But, these dangerous maneuvers can also lead to auto accidents. Or, even personal injury.

Unfortunately, brake checking is something that many people deal with daily. For this reason, brake checking can cause an accident. Especially, when the car behind the brake checker is tailgating. In any case, a victim of a brake checking accident needs to speak with an auto accident attorney immediately.

What is Brake Checking?

As for brake checking, also know as brake testing refers to the act of braking suddenly to scare or catch off-guard the person driving behind you. Thus, forcing the vehicle behind them to slam on their brakes. Now, some drivers do this as a joke to friends and others do it to show their anger with the car behind them.

Regardless, the reason for brake checking, it is a dangerous and reckless act. Furthermore, it endangers the lives of other people on the road. As well as, endangering the lives of any pedestrians in the area. So, if the driver behind you is tailgating don’t take matters into your own hands by brake checking them. Because no matter the frustration, it is not worth hurting another person.

Rear-end Accidents and Brake Checking

Typically, brake checking results in a rear-end collision. Which happens when the front of one vehicle hits the rear-end of another vehicle. Consequently, rear-end crashes are one of the most common types of auto accidents.

Alternatively, the driver of the car that is brake checked could swerve to avoid a crash. When this happens, they risk losing control of their vehicle. As well as, crashing into something or someone else. As a result, an accident caused by brake checking can end with someone sustaining serious injuries.

For example, some common injuries associated with brake checking accidents include:

  • Traumatic Brain Injury
  • Whiplash
  • Soft Tissue Injuries
  • Back Injuries

Determining Fault for a brake checking accident

Now, you may wonder who is at fault in an accident caused by brake checking? In most cases, the is fault placed on the person that rear-ended the other driver. Because as a driver you have the responsibility to drive a safe distance from the vehicle in front of you. So, you can stop without hitting them if they apply the brakes.

But, when an intentional brake check causes a rear-end accident, this does not apply. Since the driver in front chooses to brake check the driver behind them. By doing this, they caused a dangerous situation for themselves and other drivers. Thus, their reckless driving puts them at fault or at least partially at fault for the accident.

Who is liable for The accident?

Generally, when serious injuries occur from an auto accident, there are exceptions to the Florida no-fault laws. In other words, the victims can pursue damages from the at-fault driver. But, they must be able to prove negligence. Since brake checking caused the accident it makes proving negligence problematic.

Despite the difficulty, it is not impossible to prove negligence. In fact, visual evidence is the best way to prove it. Whether you have a dashcam or another camera in the area picked up the accident. Moreover, witnesses, that can testify they saw the intentional brake check that caused the accident. So, with evidence, the responsibility of the accident will fall on the reckless driver. Or, at least share responsibility for the auto accident.

Is Brake Checking Illegal

In any event, the act of brake checking is an aggressive drive and is illegal in the state of Florida. Because it creates a dangerous situation for everyone on the road. And, does allow for the rear driver to sue for injuries sustained and damages to their vehicle.

But, following too closely or tailgating is also illegal. So, when an injury occurs due to brake checking the law must consider the following:

  • If the brake checking was intentional
  • Did the brake check endanger the other driver
  • Whether it induced fear for the rear driver


In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.