When out on the road a lot of us hold assumptions of the law, for example we may think that if we have to slam our brakes on and a driver goes into the back of us then they will be held liable. However that’s not always the way the law works.
If you become involved in a car accident by going into the back of another vehicle because they choose to brake suddenly without giving any sufficient warning, the negligence depends on why that driver decided to break all of a sudden. This means that the burden of proving why they stopped lies on the lead driver.
If a dog or a small child ran out in front of the car, giving the driver behind no warning would be seen as a reasonable cause for the lead car to make a sudden stop, however if a small animal such as a squirrel or hedgehog was the cause of them stopping then they would be seen as negligent.
For example:
In Gussman v Gratton-Storey a defendant applied her breaks 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.
In Elizabeth v MIB a motorcyclist struck the rear of a van that had braked suddenly. The Court of Appeal held that in such circumstances the van driver had the burden of proving why such heavy braking had been required.
In both examples above, it was the lead driver who had to prove that they had a reasonable cause to why they chose to break suddenly. If you have been injured in a car accident due to the vehicle in front suddenly breaking then you may be able to make a claim for compensation.
If you would like to speak to someone at the Injury Lawyers regarding free legal advice about an accident you have been involved in then contact us today. As with all compensation claims it is important that we have a full understanding of the accident that took place, in order for us to get you the best settlement possible.
As an independent law firm we work strictly on a no win no fee basis, this means that every penny of the compensation will go to you. As with all injury claims you have a strict three year time limit to pursue the claim, so the sooner you act, the better.
