In South Carolina, brake checking, the act of abruptly stopping a vehicle to deter a tailgating driver, is not only dangerous but also illegal. This maneuver is considered reckless driving as per South Carolina law, specifically under Section 56-5-2920 of the South Carolina Uniform Traffic Law. This law characterizes reckless driving as any driving behavior that shows a willful or wanton disregard for the safety of persons or property.
Legally, brake checking can lead to rear-end collisions, where typically the driver who hits the car in front is at fault. However, if a collision is the result of brake checking, the responsibility may shift to the brake-checking driver. This situation aligns with the principles of modified comparative negligence practiced in South Carolina. Under this principle, each driver in an accident is assigned a percentage of fault, and this directly affects their ability to recover damages. For example, if you are found 40% at fault in an accident, you could potentially recover 60% of your damages.