Drivers don’t always make the best decisions and this can put other motorists’ safety at risk. Florida, like all other states, has strict laws governing drivers’ behavior, and this includes setting speed limits and requiring drivers to stop at red lights.
Another type of potentially risky driving behavior is brake checking. But what is it and what are the legalities of brake checking in Florida? To help you avoid violating any of Florida’s driving laws, we’ll look at what brake checking is and if it’s legal in the Sunshine State.
What is Brake Checking?
Brake checking has absolutely nothing to do with inspecting your vehicle’s braking system. Yes, the name is a little misleading. Brake checking is considered a form of reckless driving under Florida’s traffic laws.
The practice involves a lead vehicle repeatedly slamming on its brakes without warning. There also isn’t any reason for the driver to apply their vehicle’s brakes. Sometimes, brake checking is done as a prank, and other times it can be a scare tactic. The lead driver is trying to warn the other vehicle to stay far behind.
If you’re involved in an accident caused by brake checking, you may be able to file a claim against the at-fault driver.
Brake Checking and Vehicle Accidents
The most common type of accident caused by brake checking is rear-end collisions, and this type of accident occurs precisely as the name implies. A vehicle crashed into the rear of the lead driver.
Brake checking can also lead to other types of accidents. The rear vehicle may swerve to avoid the braking vehicle hitting another car, road sign, or other obstacles like lane dividers and retaining walls.
A rear-end collision can cause a domino effect, especially on busy roads. As one driver rear-ends the lead vehicle, others can follow suit.
How Comparative Negligence Can Affect a Brake-Checking Claim
Florida’s insurance laws can be complex; the state follows no-fault insurance standards and comparative negligence rules. If you’re already feeling a little confused, you’re not alone.
So, in a no-fault state, all drivers initially turn to their insurance for compensation, which applies regardless of who’s at fault for the accident. Your car insurance covers vehicle damage unless you’re only carrying a liability policy. If this applies, you may not be able to recover compensation for your property damage.
All drivers with vehicles registered in Florida must also carry personal injury protection (PIP) insurance. Your PIP policy can cover up to 80% of your medical expenses and those of any passengers injured in the brake-checking accident. PIP can also cover your lost wages.
However, all PIP policies have caps. The amount your policy pays out depends on the cap. So, what happens when your insurance doesn’t cover all of your damages? This is when you can file a claim against the at-fault driver.
But, before you file the claim, comparative negligence may come into play. Comparative negligence allows more than one driver to be responsible for causing an accident. Assigning fault to more than one driver is common in rear-end collisions. Yes, the lead vehicle was brake checking but you may have been following too closely behind, which means both drivers share some of the blame.
A judge or jury typically assigns blame, and as long as your share isn’t more than 50% you can still file a claim against the at-fault driver. If your claim is successful, your compensation amount is reduced by your percentage of the blame. For example, if you’re 20% responsible and receive a settlement for $100,000, the amount on the check is $75,000.
Proving Fault in a Florida Brake Checking Claim
When you’re dealing with your insurance provider, you don’t need to worry about proving fault, although this changes if you decide to pursue a claim against the at-fault driver. You will need to prove fault, and this isn’t always easy, especially in brake-checking claims.
The reason proving fault can be tricky is the driver who rear-ends the lead vehicle is usually responsible for the accident. Even following comparative negligence rules, you may be assigned more than your fair share of the blame. To avoid this issue, you need to prove the lead driver is guilty of brake checking.
- Police accident reports can help support your claim. The accident report usually includes the estimated speed of all involved drivers. This can show you’re not guilty of speeding, a factor considered in rear-end collisions. The police report will also contain information on road conditions and if there’s a reason the lead driver needed to slam on their brakes. You can get a copy of the accident report online, and it’s usually ready about 7 days or so after the accident occurs.
- Video footage can be an invaluable tool in a brake-checking claim. The footage can show the events leading up to the accident, including the lead driver’s reckless behavior. The footage can also help support your claim of not following too closely behind. If you’re assigned fault for the accident, this can help keep your share well under 50%.
You also want to talk to any witnesses to the accident, which can include other drivers and bystanders. They can testify to the other driver’s reckless driving behavior and help support your version of events leading up to the accident.
Don’t Wait Too Long to File a Brake Checking Accident Claim
Florida gives accident victims four years to file a claim against another driver. However, the statute of limitations may be shorter if the defendant is working for a government entity.
If you miss the statute of limitations, there’s a good chance you’re not going to be able to receive compensation for your damages. There are a few exceptions to the statute but it’s best to get started working on a claim as soon as possible.
Since brake-checking accidents can be complex, it’s a good idea to work with an experienced accident attorney. Your attorney can help ensure you’re not assigned more than your fair share of the blame and receive fair compensation for your brake-checking accident.
