Who Is At Fault in a Charleston Accident Caused by Brake Checking?

Brake-checking causes some of Charleston’s most hazardous traffic accidents. When a driver deliberately slams on their brakes, it creates chaos on busy roads.

If you have been involved in a brake-checking accident that caused your injuries and damages, it is vital you seek legal help after pursuing immediate medical care. Our Charleston car accident attorneys are here to help you throughout the legal process. Call our firm today to discuss your legal options and answer your questions. If we represent you, there are no upfront costs or fees to pay.

Schedule a free case review today: 1-844-RESULTS.

What Is Brake Checking?

Brake-checking is a dangerous driving behavior where a driver deliberately and suddenly applies their brakes when another vehicle is following closely behind. This action forces the following driver to brake abruptly or take risky actions to avoid a collision.

Why Drivers Brake Check and How It Endangers Motorists

Drivers may brake-check on highways when they feel someone is tailgating them. During road rage or aggression, drivers may feel pumped up to teach another driver a lesson, who they think is driving improperly. In high-traffic situations, drivers could get frustrated by another’s actions, especially if vehicles move slowly.

Brake-checking can endanger drivers’ safety because they can be in a hazardous car accident. In some cases, drivers can get involved in an altercation if brake-checking results from road rage.

How South Carolina’s 51 Percent Fault Rule Affects Brake-Checking Accidents

South Carolina operates on a modified comparative negligence law. This means you can still recover damages from a car crash as long as you are less than 50 percent at fault.

The percentage of fault assessed against you directly determines your eligibility to recover compensation. Even a one percent difference can mean the difference between a partial recovery and no recovery at all. If you are 51 percent or greater at fault, you will not be able to recover compensation.

Types of Evidence That Can Prove Brake Checking in Charleston

If you were injured in a brake-checking crash, you will need compelling evidence to overcome the typical presumption that the tailing driver is always at fault for a rear-end crash. The most effective types of evidence that can establish a brake-checking claim includes:

Dashcam and Traffic Camera Footage

Video evidence provides the most definitive proof of brake checking. Dashcam footage showing a vehicle suddenly braking without apparent reason is powerful evidence in Charleston courts. Look for:

• Clear views of the lead vehicle’s brake lights activating suddenly
• Absence of traffic or road hazards that would justify braking
• Multiple braking episodes suggesting intentional behavior
• The lead driver’s actions before the brake-checking incident

Witness Testimony

Witnesses can provide testimony about a brake-checking incident. Charleston’s busy roads often mean multiple drivers observe these dangerous maneuvers. Compelling witness testimony typically includes:

• Observations of aggressive driving before the incident
• Confirmation that no road hazards existed to justify sudden braking
• Descriptions of multiple brake-checking attempts
• Statements about the lead driver’s behavior suggesting road rage

Electronic Vehicle Data

Electronic vehicle data provides technical evidence that requires expert analysis but can strongly support brake-checking claims in Charleston courts.

Modern vehicles record extensive data that can be extracted after accidents:

• Event Data Recorders (EDRs) capture sudden changes in speed
• Braking patterns showing unusual or unnecessary braking
• Speed data showing inconsistent driving behavior

Physical Evidence and Accident Reconstruction

An accident reconstructionist uses physical evidence from the scene, along with high tech tools to establish what happened. This type of evidence may include:

• Skid mark patterns showing emergency braking
• Impact analysis revealing vehicle positions and speeds
• Damage patterns consistent with sudden, unexpected braking
• Road conditions that do not justify emergency stops

Steps to Take Immediately If You Are a Victim of Brake Checking

When another driver brake-checks you, act quickly to protect your safety and strengthen your legal claim. Pull over to a safe location if possible. After a collision, turn on your hazard lights and move to the shoulder or a nearby parking area, provided your vehicle is drivable. Stay in your car if getting out would endanger you, especially on highways and busy roads.

Call Law Enforcement

After a brake-checking car accident, call law enforcement to report the accident. When officers arrive, explain what happened without involving your emotions. Statements like “This driver made me mad” or “I am so annoyed” could be documented in a police report as a part of a police officer’s observation. A police officer can say you were upset or angry, which could misinterpret what happened during a car crash.

Calmly describe the driver’s behavior before and during the brake check accident and remember to ask for a copy of the police report.

Document the Accident Scene

Document everything at the scene of the accident. Gather as much evidence as possible by taking photos of vehicles and license plates. Pictures of road conditions and weather can showcase what occurs during an accident.

Notify Your Insurance Company

Call your insurance company to inform them about the accident. Stick to essential information such as the accident’s date, time and location. Avoid discussing fault until you have consulted with an attorney.

Call Roden Law After a Charleston Brake Checking Car Accident

Brake-checking accidents create complex liability situations that challenge standard fault assumptions. Attempting to navigate the legal process while you are recovering from your car accident injuries can take a toll on you.

At Roden Law, we help you understand your legal options. If we determine you have a valid case and you choose us to represent you, we will negotiate with the insurance company and gather the evidence needed to strengthen your claim. You pay nothing for our legal services unless we win. Call us for a free consultation. We are here to answer your questions.

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