As car accident attorneys in Florida, we understand that getting stuck in heavy traffic can be frustrating. Such frustrations can lead to irresponsible behavior in the form of road rage. In this blog post, we take a look at one of the most typical accidents that can be caused by road rage, namely ‘brake checking.’
A car accident attorney explains what brake checking is
Brake checking is the act of deliberately activating your brakes to cause agitation or even damage to the driver behind you. Note that it is an intentional act. When people become enraged due to heavy traffic, it can lead to incidents of road rage in which brake checking is common.
Brake checking can also happen when drivers feel like the person behind them is not keeping an adequate distance.
Brake checking can cause severe damage and injuries to the parties involved as well as drivers and pedestrians in their vicinity and thus can be construed as an illegal action. If there is proof that a driver was guilty of brake checking, they may be held liable for damage and injuries.
Common injuries and damage caused by brake checking
While the driver who is brake checking may mean to agitate or frustrate the driver behind them, severe accidents are common in this form of road rage. There might be severe damage to the vehicles involved, and if the brake checking is severe enough, it might affect multiple vehicles that become involved in a ‘pile-up’ or multi-vehicle collision.
The extent of injuries from brake checking accidents can range from relatively minor wounds such as soft-tissue damage, scrapes, and bruises to very serious injuries, including whiplash, head injuries, back injuries, lacerations, and organ damage.
Who is at fault in brake checking accidents?
If someone brake checks and causes an accident, it may ideally be ascribed to that driver, and they can be held liable for damage and injuries. Unfortunately, because of the intent behind it, it is often difficult to prove that a person was guilty of brake checking. If there is irrefutable evidence in the form of video recordings or eyewitness testimony, the brake checking driver should be held accountable. Many cases against drivers who are guilty of brake checking have been argued successfully using dashboard camera recordings, security footage, or credible eyewitness testimony.
If there is no such evidence, it will likely be much harder to prove that a person involved in a rear-end accident was not at fault. Because drivers are expected to observe and keep an adequate following distance between themselves and the car ahead of them, it might be more difficult to prove culpability.
If you’ve been involved in a car accident in Florida and want to bring a car accident lawsuit against someone who was brake checking, contact our car accident attorneys to find out how we can give you fair representation.