Brake-checking is more than just a moment of road rage. It’s a dangerous act that can lead to serious accidents and complicated legal battles. When one driver suddenly slams on the brakes to “teach someone a lesson,” it can cause a rear-end crash and a lot of confusion over who’s at fault. While the drivers in the rear are usually blamed in these situations, South Carolina law recognizes that it isn’t always that simple.
In this blog, the Greenville car accident attorneys at Armada Law break down how responsibility is determined in brake-check accidents, what evidence can reveal aggressive driving, and how you can protect your rights after a crash.
The Dangers of Brake-Checking on South Carolina Roads
In South Carolina, “brake checking” is considered reckless driving under South Carolina Uniform Traffic Law Section 56-5-2920, which can lead to you being responsible for the accident. This law defines reckless driving as “operating a vehicle with willful or wanton disregard for the safety of others and their property.” Tapping or slamming on the brakes applies to this law.
South Carolina follows a “modified comparative negligence standard,” which means a driver can be held responsible even if they are only 1% at fault. Establishing fault and determining just how responsible a driver is are important details in personal injury cases. For instance, if you rear-end a vehicle, the “brake checker” may share responsibility for the accident.
Being found guilty of brake-checking can lead to a reckless driving ticket, six points added to your driver’s license, and a possible fine. A second reckless driving ticket can lead to license suspension.
Proving Fault: Key Evidence in Brake-Checking Collisions
In South Carolina, proving that a rear-end collision was caused by a brake check is not a simple task. For cases like this, key evidence will include video footage from a dash cam, a cell phone, or other cameras. It is also important to contact law enforcement and obtain a police report following the accident.
For your case to be successful, you will need to prove negligence. In a car accident, negligence refers to when a driver fails to act with care toward other people on the road. Proving this lack of care involves gathering evidence to show that the lead driver unexpectedly braked without a known reason, leaving you without enough space or time to stop your vehicle.
Even if you were tailgating the driver in front of you, you are not always the at-fault party. While the other driver might claim they were “brake testing” without trying to cause an accident, we recommend having an experienced lawyer on your side like our team at Armada Law. We’re the legal team who can help you seek justice.
In an accident, always get contact information from any witnesses, including your passengers, other drivers, and bystanders. Proving a “brake check” caused your accident can be challenging, but video evidence or eyewitness accounts can strengthen your case and help you get compensated for your damages.
What to Do After a Brake-Checking Accident
1. Always Contact Law Enforcement
Even if a car accident seems minor, a police report is essential for your case. It provides official documentation that can help show what happened and who is at fault. Officers, such as those from the Spartanburg Police Department or South Carolina Highway Patrol, are trained to look over accident scenes and gather those important details carefully.
2. Seek Medical Attention Immediately
Don’t wait to seek medical care, even if you feel fine. Symptoms don’t always show up immediately. Injuries like whiplash, soft tissue damage, and concussions may take a couple of days to show signs.
Getting checked at a facility like Spartanburg Regional Medical Center or Immediate Care Center – Eastside helps make sure you’re healthy and links your injuries to your accident. This is an essential part of a car accident claim.
3. Gathering Evidence at the Scene of a Spartanburg Car Crash
Having solid evidence can strengthen your case. If you are able, take these steps before leaving the accident scene:
- Document Everything: Take several photos of vehicle damage, license plates, road conditions, skid marks, traffic signs, and any visible injuries.
- Record Key Information: Note the exact time, date, location, and weather conditions. Try to take note of the events that led to the collision.
- Find Witnesses: Get the names and phone numbers of anyone who witnessed the accident. Witness accounts can be incredibly important for your insurance claim and your legal case.
- Collect Other Driver’s Information: Ask for the other driver’s name, phone number, driver’s license number, vehicle registration details, and insurance information. If possible, take a picture of their license and insurance card.
How Armada Law Helps Protect Your Rights After a Crash
Brake-checking accidents can quickly turn into complicated legal battles, especially when both drivers share some level of blame. South Carolina’s comparative negligence laws mean that every detail from dashcam footage to witness statements, it all can make a difference in your case. If you’ve been involved in a brake-checking crash, you need an experienced legal team on your side to gather evidence, protect your rights, and make sure that fault is determined fairly.
The Greenville car accident attorneys at Armada Law are here to help you through the process and fight for the compensation you deserve. So, schedule your free consultation today.
