Q: Can I be charged for brake checking if rear-ended?
I was involved in a rear-end collision, where the other driver hit me from behind. Although a police report was filed and both insurance companies were notified, there were no witnesses. Now, days after the accident, the other driver is claiming that I brake checked them. Given these circumstances, can I be charged?
A: highly unlikely because the person who rear ended you violated a traffic law in following too closely, so, you are presumed to be in the right
Terrence H Thorgaard agrees with this answer
A: I can't speak for Florida criminal codes or vehicle & traffic law. But in general nationwide, if proven, brake checking is considered an illegal maneuver. Depending on the jurisdiction, it can be considered a form of aggressive driving. Good luck
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