Car Accidents Caused by Brake Checking in South Carolina
Brake checking is an increasingly popular type of aggressive driving that often leads to car accidents. The tricky thing about brake-checking accidents is that the rear driver is often presumed responsible for the accident.
If you’ve been in a brake-checking accident in South Carolina, you need an accident and injury lawyer to represent you and protect your rights.
What Is Brake Checking in South Carolina?
Brake checking is a type of driving where a driver slams on the brakes or repeatedly taps the brakes for no reason. Drivers usually do this when they think the person behind them is following too closely or tailgating.
Brake checking is done to make the rear driver angry or to intimidate another driver. Some drivers brake check to get the rear driver to back off and allow more space between the cars. Unfortunately, brake checking usually has the opposite effect and often leads to accidents.
South Carolina Brake Checking Car Accidents
Rear-end accidents are the most common type of accidents caused by brake checking. While these aren’t always major accidents, they can cause serious injuries and property damage.
Common injuries from rear-end accidents are:
- neck injuries, including whiplash
- concussions and traumatic brain injuries (TBIs)
- back injuries
- soft-tissue injuries
- facial injuries
Cars can be significantly damaged or totaled from rear-end accidents.
Who Is Responsible for Brake-Checking Accidents
Determining fault in brake-checking accidents in South Carolina is complicated. The rear driver is often presumed to be responsible for rear-end collisions. But this isn’t always the case, and there are times when the front driver is responsible.
Under South Carolina law, brake checking is considered reckless driving. The South Carolina Uniform Traffic law defines reckless driving as “willful or wanton disregard for the safety of others.” Brake checking falls within this definition.
Because it’s considered reckless driving, drivers are liable for accidents caused by their brake checking. In these cases, drivers can be found responsible for economic and non-economic damages. In addition, brake-checking drivers can be issued a ticket, get points on their license, and receive fines.
South Carolina follows a modified comparative fault standard to determine liability in car accident cases. Under this standard, each driver is assigned a percentage of fault that courts use to determine the amount of damages a driver can recover. If a party is less than 50% at fault, they can recover damages from the responsible party.
How to Win a Brake Checking Case in South Carolina
The reality is that assigning fault in a brake-checking case is complicated. If you’ve been involved in an accident with brake checking, you need an experienced South Carolina accident attorney. Car accident lawyers understand South Carolina traffic laws and can help prove your case.
Because the rear driver in rear-end accidents is usually at fault, proving the front driver was responsible can be difficult. Your lawyer must present adequate evidence to show the other driver’s fault.
To prove a driver was brake-checking, your lawyer will collect evidence including:
- Video footage of the accident from witnesses, traffic cameras, or surveillance cameras
- Witness testimony from individuals involved in the accident and from eyewitnesses
- Expert testimony, including accident reconstruction
- Police reports and police statements
- Physical evidence from the accident – for example, skidmarks
Having strong evidence is key to ensuring you’re not responsible for the other party’s economic and non-economic damages.
A Car Accident Lawyer Can Help With Your Brake Checking Accident Claim
If you’ve been involved in a car accident, contact an experienced car accident lawyer as soon as possible. An attorney can assess your case, explain applicable laws, and discuss your rights. Plus, they know how to gather evidence to build a case against the at-fault party.
South Carolina brake-checking accidents are complicated. A dedicated legal team at Elrod Pope Accident & Injury Attorneys can help you navigate them. Contact us at 803-324-7574 for a free consultation.
Contact The Rock Hill Personal Injury Lawyers At Elrod Pope Accident & Injury Attorneys For Help Today
For more information, please contact our Personal Injury lawyers in South Carolina at Elrod Pope Accident & Injury Attorneys to schedule a free consultation today.
We proudly serve York County, Lancaster County, and its surrounding areas:
Elrod Pope Accident & Injury Attorneys – Rock Hill Office
212 E Black St,
Rock Hill, SC 29730
(803) 324-7574
Open 24hrs
Elrod Pope Accident & Injury Attorneys – Lancaster Office
204 A S Main St,
Lancaster, SC 29720
(803) 902-7065
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Elrod Pope Accident & Injury Attorneys – Fort Mill Office
1201 Carolina Pl Suite 102D,
Fort Mill, SC 29708
(803) 902-4045
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Elrod Pope Accident & Injury Attorneys – Lake Wylie Office
264 Latitude Ln #102A,
Lake Wylie, SC 29710
(803) 902-3608
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