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Who Is Liable for a Brake Check Accident?

Driving can cause immense frustration among those trying to get to work, running errands, picking up the kids, or simply being in a rush to get somewhere. This frustration is understandable but can quickly turn dangerous, as it can lead to road rage, which results in a driver performing reckless maneuvers. The intent behind these maneuvers may not be to harm someone, but road rage can cause severe accidents. One of the most common accidents caused by road rage is brake checking accidents.

The car accident lawyers at Baker Legal Team have handled numerous car accident claims. We understand how frustrating it can be to face medical bills and car repairs because of someone else’s reckless actions. Our attorneys can offer legal and moral support to pursue the compensation you deserve. Take the first step towards fighting for fair compensation by contacting Baker Legal Team today.

Fault and Liability in Brake Check Accidents

In Florida, drivers who suffered significant injuries as a result of a car accident usually can make an exception to Florida’s no-fault law and seek compensation from the negligent party for the damages they suffered. However, receiving reimbursement depends on the claimant’s ability to prove the fault and negligence of the other driver.

In most cases, the driver in the back car is held responsible for an accident because it’s assumed that they failed to follow the traffic law, which states they must leave enough room between them and the front car in case of an emergency stop. However, if a person intentionally brake checks and causes an accident, this is the result of the front car’s reckless and negligent behavior, and they can be held liable. Proving a person intentionally brake checked the person behind them can be difficult.

Florida law considers the following factors when reviewing a brake checking personal injury lawsuit:

  • If the action was intentional
  • If, whether suddenly or intentionally, braking posed a threat to the other driver
  • Whether or not brake checking caused fear among other drivers

Often, proving that a driver intentionally brake checked you requires video or testimonial evidence. Without clear-cut evidence, the claim quickly becomes a situation of conflicting reports, which can be difficult to handle. The best thing you can do after this type of accident is to contact an attorney as soon as possible. They have the skills and resources to obtain the necessary evidence to make sure you get the compensation you deserve.

Is Brake Checking Illegal in Florida?

Brake checking refers to the aggressive driving maneuver of braking suddenly to shock the driver behind them. This maneuver is often intentional and is considered illegal since it is immensely dangerous and can endanger the lives of everyone around the driver performing the maneuver. While in many cases, the driver doesn’t have the intention of causing an accident and merely intends to annoy the other driver, it can have severe consequences.

Were You in a Brake Checking Accident? Contact Baker Legal Team Today

Proving that the driver in front of you intentionally brake checked you is not an easy task, but it’s not impossible. At Baker Legal Team, our attorneys have handled numerous car accident claims and know what it takes to build a strong case that can help obtain fair compensation for our clients. Our board-certified attorneys can help assess your case and determine the best route for you to recover fair compensation.

Baker Legal Team is dedicated to our clients and helping them during difficult times in order to find the financial relief they need to get their lives back on track. We are proud to help our clients get through these challenging times by offering unparalleled legal services and support. Schedule a consultation today by completing our online contact form or calling (561) 320-0000.

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