§ 28-23 Motor Vehicles - Following Too Closely

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 28-23 Motor Vehicles - Following too Closely

Section 56-5-1930(a) of the South Carolina Code provides: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway."

In determining issues of negligence [and comparative negligence] arising out of collisions between vehicles proceeding in the same direction, the law says that a leading vehicle has no absolute legal position superior to that of a following vehicle. Each driver must exercise due care under the circumstances.

As a general rule, the driver of the leading vehicle is required to make reasonable observations under the circumstances...