Is it OK to brake check in SC if a driver is following too closely? Here’s what state law says
If you’ve ever had the urge to brake check someone tailgating you on the highway, you’re likely not alone.
The practice of tailgating is annoying at best and dangerous at worst.
Some drivers may suggest driving offensively by giving the tailgater a quick brake check to back off. But is that a legal move in South Carolina? And is it much safer than tailgating itself?
Here’s what state law has to say on the issue:
What is brake checking?
According to McKinney, Tucker & Lemel, LLC, Attorneys at Law in Rock Hill, brake checking is “the act of slamming on the brakes without a legitimate reason to do so, often to irritate or surprise another driver. Typically, drivers brake check when there’s another car close behind them.”
Is brake checking in SC illegal?
Yes, brake checking is illegal in South Carolina and is specifically considered reckless driving, the McKinney, Tucker & Lemel law firm states.
Under state law, reckless driving is defined as “any person who drives any vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property.”
The Steinberg Law Firm in North Charleston notes that blaming a tailgater for a crash likely won’t work if brake checking is involved.
“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,” the law firm states. “If a driver brake-checks you and causes you to crash, they could be liable for damages.”
The Joye Law Firm adds that S.C. courts have prepared suggested instructions to the jury for a judge to read if a reckless driving case such as brake checking goes to trial.
The instructions note that “Willful can be defined as doing something deliberately… As a general rule, something more than mere negligence in the operation of a motor vehicle is necessary to constitute the offense of reckless driving. Generally, the offense denotes the operation of a vehicle under such circumstances as to show a willful or reckless disregard of consequences.”
What to do if someone is tailgating you?
The South Carolina Department of Public Safety suggests that if you encounter someone who is driving recklessly or aggressively, slow down, let him or her go around you and keep a safe distance.
“Never try to compete or take a stand against that person; just let them go and stay clear of them,” SCDPS states.
This story was originally published July 19, 2025 at 6:00 AM with the headline "Is it OK to brake check in SC if a driver is following too closely? Here’s what state law says."
