As a driver, we have a duty of care to other road users – not only do we need to be aware of what their next move is going to be, but we need to make them aware of what we intend to do next. A lot of us assume that if we stop suddenly, it is the driver behind us who will be at fault if they crash into the back of us. In most cases, this is generally true.
However, if someone is driving in front of you and they suddenly stop without warning, causing you to crash into the back of them, there is still a responsibility for the lead driver to explain why they stopped so suddenly. The reason for them stopping needs to be an adequate reason for doing so. For example, if a child ran out in front of their vehicle, this would be seen as a valid reason for stopping.
If you became involved in a road traffic accident due to a vehicle suddenly braking with no warning, there are extenuating circumstances that may mean the lead driver is at fault. Below is an example of a case that went to court:
A defendant applied her brakes violently in order to avoid hitting a pheasant running across the road, so that the driver behind was unable to stop. The defendant was held liable. We can draw from this that not all extraneous causes for sudden braking will relieve the lead driver of liability. This example shows that the burden of proving why they stopped suddenly lies on the lead driver.
If you do become in a road traffic accident that you had no control over, and wasn’t your fault, you may be able to make an injury compensation claim. In order to do so you would need the contact and insurance details of the other party involved, together with proof that the other driver was at fault.
For more information on making a claim, contact the Injury Lawyers for some free and friendly no obligation advice.