Most of the time, if a vehicle has collided into the rear of your vehicle then they will be at fault. These types of accidents are the most common type and are known to us in the business as rear end shunts.
However, sometimes it is possible that the driver that has been hit will be at fault for the accident. I know it does sound ridiculous given that you have no control over the actions of the driver behind – but if you have made a sudden or emergency stop, and this was done for no apparent or sufficient reason, then you could be liable for the accident.
So when is it reasonable to brake or stop suddenly?
Well the answer is that the law is unfortunately not too clear on this subject and therefore each case is assessed on the individual circumstances.
It is of course reasonable for an emergency stop to be performed if a pedestrian walks into the road or to avoid another vehicle – however it may not be deemed reasonable to stop for an animal for example.
It was held in the case of Gussman v Gratton-Storey that the Defendant was liable for the accident when she suddenly stopped due to the presence of a pheasant in the road. However, as stated, all cases will be assessed individually in these sorts of matters and the main questions which will be asked are what caused you to stop suddenly? And was the cause of the stop reasonable to risk an accident?
Now these types of claims are in the spotlight at the moment as unfortunately there are some naughty people making fraudulent claims out there! They are causing accidents deliberately by slamming on the brakes for no apparent reason which results in the vehicle behind colliding with the rear of them.
This has meant that insurance companies are asking for more proof in respect of the reasons the vehicle suddenly stopped. Now, most of you making claims are honest, and will have stopped suddenly for what you believe to be a good reason whether it is deemed reasonable in the eyes of the law or not, and therefore, these types of claims are affecting innocent parties such as yourselves.
However, do not let the minority put you off making a claim. Here at The Injury Lawyers we deal only in personal injury and therefore are experts in this field as we see many of these sorts of cases come through our doors.
Whether you are the vehicle that has stopped suddenly, for a good reason, or the vehicle behind and believe the vehicle in front stopped unprovoked, if you have been injured, contact us as soon as possible.
Our free claims line – 0845 634 7575 – can offer professional and legal advice on your circumstances.
