Car Accidents Caused by Brake Checking in Florida
Car accidents are often unavoidable. But when an accident is caused by a driver’s negligent or intentional actions, like brake checking, it can make the situation much more stressful.
If you’ve been involved in a car accident caused by brake checking, do not hesitate to consult with our Jacksonville car wreck lawyers right away to discuss your case.
What Is Brake Checking?
Brake checking involves a driver suddenly and intentionally stepping on their brakes to catch the driver behind them off guard. Drivers brake check for many reasons, but they often do so to scare drivers who are driving too closely behind them as a way to punish them.
Brake checking might seem like a good idea in the moment, but it’s a dangerous activity that can result in an accident.
Is Brake Checking Legal in Florida?
Brake checking is illegal in Florida, and so is tailgating.
Tailgating occurs when a driver follows the vehicle in front of them too closely, causing an unsafe situation. If the front driver were to have to brake quickly, there might not be enough space for the rear driver to slow down before colliding with the car ahead of them.
Both activities are illegal in Florida. Many drivers brake check as a response to tailgating, but two wrongs never make a right.
Liability for Accidents Caused by Brake Checking
Liability for accidents caused by brake checking can be slightly tricky.
Brake checking frequently causes rear-end collisions. Usually, in these types of accidents, the driver in the back would be held liable for the collision. However, if the front driver’s brake checking caused the accident, that driver would likely be held liable.
If the accident arises out of both the rear driver tailgating and the front driver brake checking, both drivers may share the liability for the collision.
Florida operates under pure comparative negligence. This means that you can still recover compensation if you’re partially at fault for the accident, but your financial award could be reduced proportionately to your percentage of fault.
For example, if you are found to be 20% at fault for your accident, and your recovery amount is $10,000, this means you would be left with $8,000.
Determining liability is one of the most critical parts of a car accident case involving brake checking. A car accident attorney can thoroughly review the details of your case to figure out liability in the pursuit of compensation on your behalf.
Proving Negligence in Brake Checking Accidents
Proving negligence in car accident cases involving brake checking is particularly challenging. Rear-end collision cases are typically pinned on the rear driver, which makes it especially important to prove the front driver’s negligence.
While it is difficult to prove brake checking, it’s not impossible. After your accident, call 911 right away. Law enforcement will investigate and gather details at the scene of the accident and compile their findings in a police report. Additionally, if there are witnesses, make sure to get their contact information.
Your car accident lawyer can help gather crucial evidence to prove the front driver’s negligence.
The Statute of Limitations for Car Accident Cases
If you need to file a lawsuit for injuries suffered after your brake checking accident, you’ll have limited time to do so. The statute of limitations for car accident cases in Florida is four years from the date of the accident.
Working with a qualified car accident attorney helps ensure your case is handled in a timely fashion.
A Car Accident Attorney Can Help
After experiencing an accident involving brake checking, you may be stressed and unsure of what to do. Speak to a skilled car accident attorney right away. Your lawyer will help you navigate your case and pursue justice for the other driver’s wrongdoing.
Contact the Jacksonville Car Accident Law Firm of Baggett Law Personal Injury Lawyers Today For Help
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256