Tyler Gross | November 20, 2025 | Car Accidents
Brake-checking can have many meanings. But regardless of the precise definition, it can lead directly to rear-end accidents. Under Florida law, the rights of the driver who was hit depend on what occurred leading up to the collision and, in some cases, why the driver brake-checked the other vehicle.
Keep reading this blog post to learn more about car accidents caused by brake-checking in Florida, including what they are, possible injuries from them, and who can be held liable for damages.
What Is Brake-Checking?
Brake-checking has different meanings to different people and in various jurisdictions. The most straightforward definition is a driver pumping their brakes to ensure that they work (i.e., checking their brakes).
However, there are also less innocuous forms of brake-checking. For instance, a driver may slam on their brakes to startle their passengers. This can be a common practical joke played by young drivers.
The most common use of the term “brake-check” occurs in a very specific circumstance: A driver may apply their brakes abruptly to retaliate against another driver who is tailgating them.
In this case, the brake-checking driver attempts to scare the other vehicle’s driver into giving them a wider berth. In other words, the lead driver uses their brakes to “check” the driver of the rear vehicle.
Another scenario occurs when a driver passes a vehicle, cuts them off, and then hits the brakes. This behavior might result from road rage, aggressive driving, or retaliation against the rear driver for an earlier act. In such instances, the brake-checking driver purposely brakes hard to intimidate the driver behind them.
How Do Brake-Checking Accidents Happen?
The retaliatory form of brake checking can easily cause a rear-end collision. The driver of the rear vehicle may not have the time or space to stop safely after seeing the leading vehicle’s brake lights. As a result, they could inadvertently slam into the back of the leading vehicle.
Possible Injuries from Brake-Checking Accidents
The violent forward and backward motion from the brake check can strain the muscles of the back and neck, producing injuries like whiplash. Occupants who are caught by their seat belts may suffer chest bruises. Moreover, the bi-directional motion can jostle the brain, leading to a concussion.
At high speeds, the occupants may suffer even more serious injuries. This is particularly true when passengers aren’t wearing seat belts or the brake-checking collision triggers a chain-reaction crash involving other vehicles.
Who Could Be Liable for Brake-Checking Under Florida Law?
In a personal injury claim stemming from an auto accident, liability typically falls on the negligent driver. Negligence means the driver failed to exercise reasonable care under the circumstances.
Brake-checking raises complicated legal questions regarding liability. On the one hand, drivers are generally prohibited from following too closely. A driver engages in this dangerous and illegal practice when they follow another road user at an unreasonably short distance based on the vehicles’ speeds and road congestion.
Drivers can get away with following more closely at low speeds. However, they may violate the law when traveling at high speeds or in heavy traffic. In these conditions, a prudent driver would leave more space between themselves and the vehicle in front. This is why the liability for a rear-end crash typically falls on the driver of the rear vehicle.
At the same time, drivers are discouraged from braking suddenly if they know or should know that it could pose an unreasonable risk of injury or death to another driver. This behavior might fall under a Florida law that prohibits “careless driving.” Brake-checking a tailgating driver may result in a traffic citation and support a claim that the brake-checking driver was negligent.
Comparative Fault for Brake-Checking in Florida
It’s possible for an insurance company or a jury to find that both drivers in a brake-checking scenario acted negligently. When more than one party to a claim is deemed negligent, the law generally decides questions of liability using the state’s comparative fault law.
Under this law, each driver is assigned a percentage of the blame for the accident. A driver can typically only recover damages if they were 50% or less at fault for the accident that caused their injuries. The compensation they’re eligible to claim is usually reduced in proportion to their share of the liability. A driver 51% or more at fault generally can’t recover anything.
For example, a driver who was 30% at fault for their crash could likely only receive up to 70% of their total compensation award. If the driver was 51% or more at fault, they couldn’t recover anything under Florida law.
If one driver was tailgating and the other driver brake checked them, both motorists arguably share fault. The exact percentage of the blame hinges on many factors, including the events leading up to the collision.
How Can a Lawyer Help After a Car Accident Caused by Brake-Checking in Florida?
If you were involved in a car accident caused by brake-checking in Florida, a personal injury lawyer can be an invaluable ally. An experienced attorney can step in to protect your rights, level the playing field, and handle the legal complexities while you focus on recovering from your injuries.
Here are several ways a lawyer can help after a brake-checking accident:
- Investigate the cause of the crash
- Challenge unfair allegations of blame from the other driver
- Work with accident reconstruction experts
- Communicate with insurers on your behalf
- Evaluate your damages
- Negotiate for fair compensation
- Take your case to court if needed
Having a legal advocate who understands how brake-checking accidents occur and how Florida law applies can make all the difference in the outcome of your claim.
Contact Our Pensacola Car Accident Lawyers for a Free Consultation
Brake-checking may be satisfying in some situations, but it can shift some or all of the blame for a crash to the leading driver.
If you’ve been injured in an accident, please contact our experienced car accident lawyers in Florida at Gross & Schuster Injury Lawyers to schedule a free consultation today. We have five convenient locations in Pensacola, Navarre, Crestview, Milton, and Mary Esther.
Gross & Schuster Injury Lawyers – Pensacola Office
803 N Palafox St
Pensacola, FL 32501
Phone: (850) 434-3333
Gross & Schuster Injury Lawyers – Navarre Office
9933 Navarre Pkwy
Navarre, FL 32566
Phone: (850) 757-2898
Gross & Schuster Injury Lawyers – Crestview Office
1501 S Ferdon Blvd
Crestview, FL 32536
Phone: (850) 407-7726
Gross & Schuster Injury Lawyers – Milton Office
6373 US-90
Milton, FL 32570
Phone: (850) 790-7790
Gross & Schuster Injury Lawyers – Mary Esther Office
151 Mary Esther Blvd Suite 103A
Mary Esther, FL 32569
Phone: (850) 809-0170
