[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/","headline":"Is Brake Checking Illegal in South Carolina?","name":"Is Brake Checking Illegal in South Carolina?","description":"It\u2019s 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...","datePublished":"2024-04-23","dateModified":"2026-05-27","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/#Person","name":"Jim Tucker","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2024\/04\/tailgaiting.jpg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2024\/04\/tailgaiting.jpg","height":667,"width":1000},"url":"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=Ei46LvI_t3M#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=Ei46LvI_t3M","name":"Rock Hill, SC Personal Injury Attorneys - McKinney, Tucker & Lemel LLC.","description":"McKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/Ei46LvI_t3M\/default.jpg","https:\/\/i.ytimg.com\/vi\/Ei46LvI_t3M\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/Ei46LvI_t3M\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/Ei46LvI_t3M\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/Ei46LvI_t3M\/maxresdefault.jpg"],"uploadDate":"2023-08-30T19:48:29+00:00","duration":"PT56S","embedUrl":"https:\/\/www.youtube.com\/embed\/Ei46LvI_t3M","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=Ei46LvI_t3M#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=Ei46LvI_t3M#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=Ei46LvI_t3M&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=Ei46LvI_t3M#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":54}]]},"about":["Car Accident"],"wordCount":1006,"articleBody":"It\u2019s 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\u2019s 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\u2019s definition of\u00a0reckless driving: operating a vehicle in a way that shows a deliberate disregard for other people\u2019s safety. Since brake checking is a highly dangerous act and can potentially cause accidents, a driver injured in a\u00a0brake checking accident\u00a0could argue that the other driver acted recklessly.Having said that, a driver\u2019s actions do not have to rise to the level of a criminal offense for them to be liable for a\u00a0car crash. Personal injury claims, including\u00a0car accident cases, have a lower standard of proof than criminal cases. Injured drivers don\u2019t 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\u2019s 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.\u00a0South Carolina law\u00a0states drivers should follow at a \u201creasonable and prudent\u201d 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\u2019s 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\u2019s 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\u2019s:Medical expenses, including the cost of future treatments related to the crashLost income and reduced future earningsPain and sufferingEmotional distress and lower quality of lifeCosts to repair or replace their vehicleWhat Accidents Occur Most Often in South Carolina Due to Brake Checking?Brake checking can lead to several types of accidents, with\u00a0rear-end collisions\u00a0being 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\u2019ll 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 brake checking cases include:Police accident reportsSkid marks and other forensic evidence from the crash scenePhotos or video from the crash sceneDashcam or surveillance footage, if availableEvent data recorder (EDR) information showing the lead vehicle suddenly brakingEyewitness accountsNext, they\u2019ll 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\u2019s 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 LawyerPursuing 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\u00a0South Carolina car accident attorney.Visit Our South Carolina Car Accident Law Offices[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"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\u2019s 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.\",        \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question1\",        \"text\": \"South Carolina does not have a law specifically against brake checking. However, brake checking might meet the state\u2019s definition of\u00a0reckless driving: operating a vehicle in a way that shows a deliberate disregard for other people\u2019s safety. Since brake checking is a highly dangerous act and can potentially cause accidents, a driver injured in a\u00a0brake checking accident\u00a0could argue that the other driver acted recklessly.\",        \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer1\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question2\",        \"text\": \"Personal injury claims related to brake checking accidents can be complicated if the rear driver was tailgating.\u00a0South Carolina law\u00a0states drivers should follow at a \u201creasonable and prudent\u201d distance behind vehicles in front of them. That means tailgating drivers are breaking the law.\",        \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer2\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question3\",        \"text\": \"Violating South Carolina\u2019s 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\u2019s license suspension. However, drivers could face stiffer penalties for causing a brake checking accident if someone sustains severe injuries or dies in the crash.\",        \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer3\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question4\",        \"text\": \"Brake checking can lead to several types of accidents, with\u00a0rear-end collisions\u00a0being 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.\",        \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer4\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"FAQPage\",        \"mainEntity\": [            {                \"@type\": \"Question\",                \"name\": \"What Is Brake Checking?\",                \"acceptedAnswer\": {                    \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer\"                },                \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Question\"            },            {                \"@type\": \"Question\",                \"name\": \"Is Brake Checking Considered Reckless Driving?\",                \"acceptedAnswer\": {                    \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer1\"                },                \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Question1\"            },            {                \"@type\": \"Question\",                \"name\": \"What If the Rear Driver Was Tailgating?\",                \"acceptedAnswer\": {                    \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer2\"                },                \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Question2\"            },            {                \"@type\": \"Question\",                \"name\": \"What Are the Penalties for Brake Checking?\",                \"acceptedAnswer\": {                    \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer3\"                },                \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Question3\"            },            {                \"@type\": \"Question\",                \"name\": \"What Accidents Occur Most Often in South Carolina Due to Brake Checking?\",                \"acceptedAnswer\": {                    \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Answer4\"                },                \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#Question4\"            }        ],        \"name\": \"Is Brake Checking Illegal in South Carolina?\",        \"@id\": \"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#FAQPage\"    }]"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is Brake Checking Illegal in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/is-brake-checking-illegal-in-south-carolina\/#breadcrumbitem"}]}]