Brake check accidents: If someone brake checks you who is at fault?

Determining Liability and Seeking Justice After a Brake Check Accident

Brake check accidents, characterized by a sudden and intentional slamming of brakes by one driver in front of another, not only create hazardous road conditions but also pose significant legal challenges. 

In this blog post, we will delve into the Florida traffic laws related to these types of accidents, discuss the liability considerations, and discuss how the lawyers at Landau Law can help you to recover compensation after you’ve been in a brake check accident.

What are the Florida traffic laws related to brake check accidents?

Let’s look at some of the Florida laws that may apply in brake check accidents.

Following Too Closely:

• Florida law generally requires drivers to maintain a safe following distance. Tailgating or following another vehicle too closely can lead to accidents.
• Section 316.0895 of the Florida Statutes addresses the following distance, stating that drivers should not follow another vehicle more closely than is reasonable and prudent.

Reckless Driving:

• Brake checking may be considered reckless driving, which is prohibited under Florida law.
• Section 316.192 of the Florida Statutes defines reckless driving as the willful or wanton disregard for the safety of persons or property. This can include aggressive driving behaviors that create a substantial risk of harm.

Careless Driving:

• Section 316.1925 of the Florida Statutes addresses careless driving, stating that any person operating a vehicle must drive in a careful and prudent manner.
• Brake checking, if done without regard for the safety of others, could potentially be considered careless driving.

Failure to Signal:

• If the brake check is accompanied by a sudden lane change or turn without signaling, it may also violate Florida’s turn signal laws (Section 316.155).

How is liability determined in brake check accidents?

Brake check accidents bring forth a myriad of factors that contribute to the complexity of determining liability. Unraveling the intricacies of such incidents involves a careful examination of the circumstances and behaviors of both drivers involved.

Following Distance:

A critical aspect in assessing liability revolves around the following distance between the vehicles. Drivers are expected to maintain a safe distance to allow for a reasonable reaction time. If the trailing driver was tailgating, compromising their ability to respond promptly to a sudden brake check, they may bear a significant portion of the responsibility.

Speed of the Vehicles:

The speed at which both the braking and trailing vehicles are traveling is paramount. Excessive speed by the trailing driver can reduce reaction time and exacerbate the consequences of a sudden maneuver by the leading vehicle. This factor weighs heavily in determining negligence on the part of the trailing driver.

Intent and Aggressive Driving:

Understanding the intent behind the brake check is crucial. If it is proven to be intentional or a result of aggressive driving behaviors, the liability may shift towards the driver performing the brake check. Deliberate actions to cause harm or induce a collision place a substantial burden on the individual responsible.

Contributory Negligence:

Florida’s comparative negligence system considers the contributions of both drivers to the accident. If both parties share some level of fault, their respective degrees of responsibility are factored into the liability assessment. For instance, if the trailing driver was tailgating, their portion of negligence will be considered in the overall determination.

Witness Testimonies and Evidence:

Independent perspectives provided by witnesses, along with any available evidence such as video footage, play a crucial role. These elements offer a more objective account of the events leading up to the brake check accident, aiding in the establishment of liability.

Adherence to Traffic Laws:

Compliance with traffic laws is a fundamental aspect of liability assessment. Violations related to following distance, signaling, or reckless driving can significantly impact the determination of fault. Adherence to established rules is a key consideration in establishing negligence.

Emergency Situations:

In some instances, the trailing driver may argue that they had to brake suddenly due to an emergency, such as an unexpected obstacle. The legitimacy of such claims and the reasonableness of the emergency response become focal points in assessing liability.

Navigating the intricacies of determining liability in brake check accidents requires a nuanced understanding of these factors. Seeking legal guidance from professionals, such as Landau Law, is imperative. They possess the expertise to analyze the specifics of each case, gather pertinent evidence, and provide informed counsel for those who have been victims of brake check accidents. Understanding liability is a pivotal step towards seeking rightful compensation and justice in the aftermath of such incidents.

How can Landau Law help me after I was in a brake check accident?

Landau Law is committed to assisting individuals who have been involved in brake check accidents, providing comprehensive legal support and advocacy. Here’s how Landau Law can help you navigate the aftermath of a brake check accident:

Legal Consultation:

Landau Law offers free initial consultations to evaluate the details of your case. This involves a discussion about the circumstances of the brake check accident, the extent of damages, and any injuries sustained.

Case Assessment:

The legal team at Landau Law conducts a thorough assessment of your case, examining factors such as liability, contributing negligence, and the potential for pursuing a legal claim.

Guidance on Legal Options:

After understanding the specifics of your situation, Landau Law provides clear guidance on your legal options. This includes explaining potential courses of action, such as filing a personal injury claim or pursuing compensation through insurance.

Evidence Collection:

Landau Law assists in gathering evidence relevant to your case. This may include witness statements, photographs of the accident scene, video footage, and any other documentation that can strengthen your claim.

Negotiation with Insurance Companies:

The legal team at Landau Law engages with insurance companies on your behalf. They negotiate for fair and just compensation, aiming to cover medical expenses, property damage, lost wages, and other damages resulting from the brake check accident.

Legal Representation in Court:

If a fair settlement cannot be reached through negotiation, Landau Law is prepared to provide legal representation in court. They have the expertise to present your case effectively and advocate for your rights in a court of law.

Understanding Florida Traffic Laws:

Landau Law possesses a deep understanding of Florida traffic laws, which is crucial in navigating the legal complexities of brake check accidents. They ensure that your case aligns with relevant regulations and statutes.

Support Throughout the Process:

Beyond the legal aspects, Landau Law offers support and guidance throughout the entire process. They keep you informed about the progress of your case, answer any questions you may have, and provide reassurance during a challenging time.

Maximizing Compensation:

Landau Law works diligently to maximize the compensation you may be entitled to. They consider all relevant factors, including medical bills, ongoing treatment costs, property damage, pain and suffering, and other damages resulting from the accident.

By enlisting the services of Landau Law, you gain a dedicated legal partner with extensive experience in personal injury cases, specifically those related to brake check accidents. Their commitment is to help you secure the compensation you deserve and guide you through the legal process with expertise and compassion. If you’ve been in a brake check accident, reaching out to Landau Law can be a crucial step towards seeking justice and moving forward.

Landau Law: Florida Brake Check Accident Lawyers

Brake check accidents raise profound legal questions, and a nuanced understanding of Florida’s traffic laws is essential. By seeking expert legal representation, understanding liability factors, and taking immediate and informed steps after an accident, individuals can position themselves to navigate these situations effectively. 

Landau Law stands ready to assist victims in the pursuit of justice and compensation. As you embark on your journey, remember the importance of driving safely and staying informed about the legal aspects that may arise on the road. If you or a loved one was in a brake check accident, you may be able to collect compensation. Contact Landau Law today for a free case consultation.