Legal Question in Traffic Law in South Carolina

A car driving down a road slams on their brakes intentionally and the car behind them hits them from behind. Who is at fault?


Asked on 9/13/09, 8:55 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

The way that the police and the courts have handled situations where someone was rear-ended, is that they always find the person that ran into them at fault. Reason is, the law requires that all drivers keep at a distance far enough back to allow for someone to slam on their brakes, regardless of why. After all, it is very rare that someone would do such a thing on purpose. Almost always when that happens, its because they are trying to avoid hitting something. So the law says if a person will simply keep thier car back far enough in case the person in front of them slams on their brakes, then there will never be an accident.

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Answered on 9/18/09, 9:41 pm


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