It’s annoying when other drivers follow too closely, but slamming on the brakes to make a tailgating driver back off is both illegal and dangerous. This maneuver, commonly called brake checking, can cause severe accidents and have substantial legal consequences in both civil and criminal court.
What Is Brake Checking?
Brake checking is the act of slamming on the brakes without a legitimate reason to do so, often to irritate or surprise another driver. Typically, drivers brake check when there’s another car close behind them. This sudden action can startle the driver behind, who might have to slam on the brakes or swerve to avoid a collision.
People brake check for many reasons, like being upset with how close the other car is following or trying to send a message to back off. However, this move is risky and can cause accidents and serious injuries.
Is Brake Checking Considered Reckless Driving?
South Carolina does not have a law specifically against brake checking. However, brake checking might meet the state’s definition of reckless driving: operating a vehicle in a way that shows a deliberate disregard for other people’s safety. Since brake checking is a highly dangerous act and can potentially cause accidents, a driver injured in a brake checking accident could argue that the other driver acted recklessly.
Having said that, a driver’s actions do not have to rise to the level of a criminal offense for them to be liable for a car crash. Personal injury claims, including car accident cases, have a lower standard of proof than criminal cases. Injured drivers don’t have to prove beyond a reasonable doubt that another motorist caused a crash. Instead, they only need to show that the other driver acted negligently based on the preponderance of the evidence, meaning it’s more likely than not that the driver is to blame.
What If the Rear Driver Was Tailgating?
Personal injury claims related to brake checking accidents can be complicated if the rear driver was tailgating. South Carolina law states drivers should follow at a “reasonable and prudent” distance behind vehicles in front of them. That means tailgating drivers are breaking the law.
However, this does not give other drivers a license to violate their general duty to drive safely. A driver who brake checks someone tailgating them could cause a crash for which both drivers share a portion of the blame.
If an insurance company argues that you are at fault for a brake checking accident because you were tailgating to deny or undervalue your claim, call a lawyer immediately. They can investigate the crash and evaluate your chance of recovering compensation for your injuries.
What Are the Penalties for Brake Checking?
Violating South Carolina’s reckless driving law could result in a fine between $25 and $200, plus up to 30 days in jail. A second or subsequent reckless driving conviction within five years will lead to an automatic three-month driver’s license suspension. However, drivers could face stiffer penalties for causing a brake checking accident if someone sustains severe injuries or dies in the crash.
In addition to these criminal penalties, drivers who brake check could face substantial consequences in a civil case. If a brake checking driver is found liable for a collision, they could have to pay for the injured driver’s:
- Medical expenses, including the cost of future treatments related to the crash
- Lost income and reduced future earnings
- Pain and suffering
- Emotional distress and lower quality of life
- Costs to repair or replace their vehicle
What Accidents Occur Most Often in South Carolina Due to Brake Checking?
Brake checking can lead to several types of accidents, with rear-end collisions being the most common. When a driver suddenly hits the brakes, the driver behind might not have enough time to stop, leading them to crash into the back of the brake-checking vehicle. This type of accident can cause serious injuries, especially at high speeds.
Multi-car accidents are another frequent outcome of brake checking. If the first car stops abruptly and the following vehicle hits it, other approaching drivers might not have enough time to respond to the sudden wreck, potentially leading to a pileup.
Aside from these, brake checking can also cause drivers to swerve unexpectedly to avoid hitting the car in front. In turn, this can lead to side-swipe accidents or collisions with objects off the road, like guardrails or signs.
How Can You Prove Brake Checking Caused an Accident?
Proving a brake check accident claim is tricky, as the other driver will likely argue that the real cause of the crash was that you were following too closely behind them. You’ll need compelling evidence to make your case, and a South Carolina car accident attorney can gather it on your behalf. Common types of evidence in these cases include:
- Police accident reports
- Skid marks and other forensic evidence from the crash scene
- Photos or video from the crash scene
- Dashcam or surveillance footage, if available
- Event data recorder (EDR) information showing the lead vehicle suddenly braking
- Eyewitness accounts
Next, they’ll work with experts like crash reconstructionists to determine a likely course of events that shows the other driver was mainly to blame for the accident. This is critical, as South Carolina’s comparative negligence law means you can still recover compensation for a car accident you are partially to blame for. As long as the brake checking driver was at least 50 percent at fault for your injuries, you could still seek money for your medical bills, lost wages, pain and suffering, and more.
Contact a South Carolina Car Accident Lawyer
Pursuing a brake checking accident claim requires the guidance and support that only an experienced lawyer can provide. McKinney, Tucker & Lemel LLC knows how to win these cases and can help you in your fight for fair compensation. Call us today or complete our contact form for a consultation with a South Carolina car accident attorney.
