On May 12, 2022, a Florida Highway Patrol (FHP) trooper brake-checked a motorcyclist on Interstate 95 in Palm Beach County. The motorcyclist, who was traveling at a high speed, was unable to stop in time and rear-ended the patrol car. The motorcyclist was seriously injured in the crash and required hospitalization.
The motorcyclist has since filed a lawsuit against the FHP trooper, alleging that he was brake-checked intentionally. The lawsuit claims that the trooper was retaliating against the motorcyclist for speeding. The trooper has denied the allegations and claims that he was simply trying to slow the motorcyclist down.
What is Brake Checking?
Brake checking is a dangerous maneuver in which a driver suddenly slams on their brakes, causing the car behind them to rear-end them. Brake checking is often done intentionally to intimidate or harass another driver. However, it can also be done accidentally, such as when a driver is distracted or not paying attention to the road.
Why is Brake Checking Dangerous?
Brake checking is dangerous because it can cause serious accidents. When a driver brake checks another car, the driver behind them may not have enough time to react and stop in time. This can lead to a rear-end collision, which can cause serious injuries or even death.
The Lawsuit
The motorcyclist’s lawsuit against the FHP trooper is still ongoing. However, if the motorcyclist is successful in his lawsuit, he could be awarded damages for his medical expenses, lost wages, and pain and suffering.
Conclusion
Brake checking is a dangerous and reckless maneuver that can have serious consequences. If you are ever brake checked by another driver, it is important to stay calm and avoid taking any retaliatory action. The best thing to do is to slow down and create space between your car and the car in front of you.
FAQs
Q: Is brake checking illegal?
Yes, brake checking is illegal in most states, including Florida. Brake checking is considered reckless driving and can result in a traffic ticket or even criminal charges.
Q: What should I do if I am brake checked?
If you are brake checked by another driver, the best thing to do is to stay calm and avoid taking any retaliatory action. Slow down and create space between your car and the car in front of you. If you feel that you are in danger, pull over to the side of the road and call 911.
Q: Can I sue if I am injured in a brake checking accident?
Yes, you can sue if you are injured in a brake checking accident. If you can prove that the other driver brake checked you intentionally, you may be awarded damages for your medical expenses, lost wages, and pain and suffering.
Q: What is the average settlement for a brake checking accident?
The average settlement for a brake checking accident varies depending on the severity of the injuries and the circumstances of the crash. However, settlements can range from a few thousand dollars to tens of thousands of dollars.
Q: How do I find a lawyer to represent me in a brake checking accident lawsuit?
If you have been injured in a brake checking accident, you should contact an experienced personal injury lawyer. A personal injury lawyer can help you investigate the crash, file a claim against the other driver, and negotiate a settlement on your behalf.
Q: Is there a statute of limitations for filing a brake checking accident lawsuit?
Yes, there is a statute of limitations for filing a brake checking accident lawsuit. The statute of limitations varies from state to state, but it is typically four years from the date of the accident.
References:
- Florida Highway Patrol: https://www.flhsmv.gov/fhp/
- Brake Checking: https://en.wikipedia.org/wiki/Brake_checking
- Reckless Driving: https://en.wikipedia.org/wiki/Reckless_driving
- Personal Injury Lawsuits: https://en.wikipedia.org/wiki/Personal_injury_lawsuit
- Statute of Limitations: https://en.wikipedia.org/wiki/Statute_of_limitations
