It's a Bad Idea to "Brake-Check" in South Carolina

“If you rear-end a car, you are always at fault.” This rule of the road gets drilled into our heads from the moment we start driving, often with good reason: it reminds us not to follow cars too closely, giving us plenty of time to hit the brakes after a sudden slowdown and avoid an auto accident. But is it actually consistent with the law?

Recently, viral videos have popped up on the internet showing drivers “brake-checking” cars that they feel are following too closely. This is a dangerous practice that can lead to auto accidents, and not just ones involving the other car rear-ending you. If you “brake-check” a driver, the driver may swerve out of the way and hit a car in another lane, or plow into a concrete barrier.

Brake-checking is not only dangerous, it is illegal in South Carolina. The practice of blaming the tailing driver in a rear-end collision does not apply if the driver in front is acting recklessly in a manner that helps cause the accident. If a driver brake-checks you and causes you to crash, they could be liable for damages, including:

  • Medical bills
  • Recovery and therapy
  • Lost wages
  • Disability costs
  • Pain and suffering
  • Punitive damages

Steinberg Law Firm has the experience and professional approach that can make a big difference in pursuing your Charleston, South Carolina auto accident case against the driver who caused it. Whatever the circumstances of your auto accident, you should contact the attorneys at Steinberg Law Firm. Call 843-720-2800 or use this website to set up your free case review today.

Updated on January 25, 2019

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