Matthew Mincone | October 3, 2025 | Car Accident
Looking in your rearview mirror and seeing somebody tailgating you can be a frightening experience, especially if you are driving at high speeds.
In situations like this, some drivers try to force the car behind them to back off—sometimes by “brake checking,” which means slamming on the brakes even though there’s no real reason to stop. The goal is usually to startle the other driver or make them hit the brakes fast.
The Legality Of Tailgating And Brake Checking In Florida
Tailgating is illegal in Florida. Specifically, it is defined as a form of aggressive careless driving, as the rear vehicle is following too closely, given its speed and the road’s conditions. However, just because the person behind you is violating the law, that doesn’t give you the right to also violate the law.
Brake checking is considered to be a form of reckless driving, which is a more serious infraction than aggressive careless driving. It, therefore, generally involves greater penalties, especially if it results in a catastrophic accident.
Dangers Of Brake Checking
When you brake-check another driver, you are likely to cause a rear-end collision. That’s because the trailing driver, following so closely, likely wouldn’t have enough time or space to stop and avoid a collision.
If you had slowed or stopped your vehicle for a legitimate reason, then the other driver would be at fault. However, if you stopp for no other reason than to startle that other driver, you would be the one responsible in a brake check-related car accident.
Consequences Of A Brake Check Accident
If the evidence shows that the driver in front was brake-checking the driver behind, the former driver is likely to receive a citation for reckless driving.
Additionally, if the accident resulted in serious injuries or death, the front driver may be charged with a felony and held liable for such outcomes, which means they can potentially be sued for compensation. For the tailgating driver, filing a claim may be their only option, financially speaking, given the exorbitant cost of medical care these days.
What To Do If You Are Being Tailgated
If you see somebody tailgating you, do not be tempted to brake check them, as nothing good can come from doing so. Instead, pull into another lane to let them pass. If that isn’t possible, consider pulling off the road at a safe place and allowing the tailgater to drive past.
In either case, pulling aside may slow your trip, but it is a much safer option than continuing with someone so closely behind you the whole way.
What To Do If Somebody Brake Checks You
If somebody brake checks you, they are driving recklessly. If that behavior results in an accident, you’ll want to gather as much evidence as possible. Collect the contact information of witnesses, look for cameras that might have recorded the crash, and take pictures of the accident scene.
If their actions do not result in an accident, immediately pull over. The other driver should continue driving now that the road around them is clear. Though you may be angry at them, don’t act on that anger. Instead, calm down and stay put until you feel it is safe to drive again.
Brake Checking Is Dangerous
While it may seem like a good way to get somebody to stop tailgating, brake checking is illegal and dangerous in Florida. You should never resort to such an activity and stay away from anyone you see doing it.
Contact Mincone Personal Injury Lawyers For A Free Consultation With A Tampa Car Accident Lawyer
Brake checking can cause serious injuries, even if you weren’t the one who initiated the crash. If you were injured in a brake-checking or tailgating accident, you may be entitled to compensation. For more information, contact the experienced Tampa car accident lawyers at Mincone Personal Injury Lawyers to schedule a free consultation.
If you’ve been injured in an accident in Tampa, FL, contact our skilled car accident lawyers at Mincone Personal Injury Lawyers to schedule a free consultation.
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Mincone Personal Injury Lawyers
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Tampa, FL 33605
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About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
