In most rear-end automobile accidents, the driver of the car that rear-ended the other is at fault in the accident. However, there are exceptions in Florida, such as when the driver of a vehicle intentionally “brake-checks” the vehicle behind them, causing an accident.
What is a Brake-Checking Accident?
In Florida, brake-checking accidents occur when a driver suddenly hits his brake to try and catch the driver behind them off-guard. In a lot of instances, drivers use brake-checking to try and discourage the vehicle behind them from following too close. Although intended as merely a warning, brake-checking often results in rear-end collisions that can cause serious injuries to the occupants of both vehicles.
Brake-checking creates a danger for everyone on the road, not just the car being checked. Brake checking has the potential to trigger a chain reaction auto accident and can also result in pedestrian injuries. Because of the potential for serious injury and property damage, brake-checking is illegal in Florida.
If you were injured in a rear-end accident that happened because the driver of the car you hit brake-checked your vehicle, you may be able to collect damages from the driver of the vehicle that brake-checked.
Common Injuries from Break-Checking Accidents
Injuries in brake-check accidents can be severe. Some common injuries include:
- Broken bones
- Spinal injuries
- Traumatic brain injuries
- Internal injuries
If you were injured in a brake-checking or other type of automobile accident in Florida caused by a driver’s negligence or malice, state law gives you the right to seek compensation for the damages caused by those injuries from the person who was responsible for the accident. Current and anticipated medical expenses, lost wages, and pain and suffering are some of the damages you can claim after a Florida car accident.
Proving an Accident Was the Result of Brake-Checking
Since Florida is a comparative liability state, you will want to be able to show you had as little liability for the accident as possible. This can be difficult to prove in rear-end collisions since it is the responsibility of a driver to maintain a safe distance from the car in front of them. In fact, the major obstacle in these types of personal injury claims will be demonstrating that the driver of the car you rear-ended actually brake-checked you.
Video evidence captured by a dashboard camera or nearby traffic or security camera can show that the driver in front hit their brakes for no reason other than to intimidate and threaten the driver behind them. Eyewitness testimony could also help to bolster your claim. A personal injury attorney with experience in litigating auto accident injuries will know what kind of evidence you need and how to collect it.
Avoiding Florida Brake-Checking Accidents
Avoiding rear-end collisions due to brake-checking are just another reason why you should always be a defensive driver while out on the roads. Most rear-end accidents can be avoided by:
- Maintaining a safe distance from the vehicle in front of us
- Driving at a safe speed
- Keeping our focus on the road
Winter Haven Auto Accident Attorney Tania Rivas
Were you injured in an accident that was caused by the negligent actions of another driver? If your PIP doesn’t cover the cost of your damages, you may need to file a personal injury claim with the negligent driver’s insurance company. Prevailing in a personal injury claim for injuries related to an auto accident is always difficult; cases involving brake-checking accidents and other rear-end collisions are even more so. You need an experienced personal injury attorney on your side who is prepared to meet and beat these challenges.
Tania Rivas and Rivas Law Group have helped persons in Lakeland, Tampa, Winter Haven, Lutz, and other Central Florida communities obtain the cash settlements they deserve after being injured in an auto accident that was the fault of another driver. Don’t let an insurance company try to deny or short-change your claim. Contact Rivas Law Group to schedule a free, no-obligation initial consultation with leading Winter Haven auto accident attorney Tania Rivas to discuss your case.