Being hit in the rear by another vehicle is seen as a pretty straight forward type of accident, and usually it is. After all, how can you control what the person behind you is doing?
Under Rule 126 of the Highway Code you must:
“Drive at a speed which will allow you to stop well within the distance you can see to be clear: You should leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down and stops”
Therefore you must keep your distance from the vehicle in front, it was stated in Brown & Lynn v Western Scottish Motor Traction Co Ltd:
“…the distance which should separate 2 vehicles travelling one behind the other must depend upon many variable factors – the speed, the nature of the locality, the other traffic present or to be expected, the opportunity available to the following driver of commanding a view ahead of the leading vehicle, the distance within which the following vehicle can be pulled up and many other things”
This is why there are different braking distances for different conditions – for a typical vehicle travelling 30mph then it is approximately 23 metres to come to a safe stop; travelling at 40mph will take you around 36 metres to come to a safe stop. However as above, this can depend on several factors, the main one being the weather. Obviously if the road is wet, it may take you longer to stop and you may skid if you brake too hard.
Most common type of road accidents
These types of accidents are the most common type of road traffic accidents, and most of the time the vehicle behind is at fault for the accident as a result of failing to brake or stop in time. However, there are occasions when the vehicle in front can be held at fault for the accident.
In Gussman v Gratton Storey, the Defendant applied the brakes violently in order to avoid a pheasant in the road which caused the Claimant to collide with the rear of the Defendant’s vehicle. It was held that the Defendant was responsible for the accident.
This shows that if the vehicle in front stops suddenly, it has to prove that this was necessary and reasonable in order to avoid any fault for the accident. Although it is reasonable to brake suddenly in some circumstances, it is not in others.
Although most of these types of car accident claims are pretty straight forward, there are some that become more complicated, especially if allegations of “braking harshly for no reason” are made. It is therefore always important to seek legal advice on your situation and circumstances, especially if you have been injured as a result.
Please call our claims line on 0800 634 7575 if you have experienced an injury caused from a traffic accident of this type – no matter if you have been hit from behind or have hit someone else from behind as a result of reckless use of brakes.
