Title: Am I to blame for driver's sudden braking?

Date: 21 September 2011

Am I to blame for driver’s sudden braking?

Question

I was badly injured in an accident which was caused by the driver in front of me unexpectedly and suddenly slamming on his brakes when a traffic light turned to amber. I tried to stop but was unable to do so in time and went over the top of the car. I am now in a position to make a claim if I am able to having been discharged from hospital after 4 weeks but my mates say it is my fault and I won’t get anywhere.

James, Sheffield

Answer

The usual rule is that you should leave sufficient space between you and the vehicle in front to allow you to safely stop should the unexpected happen. Therefore most cases of rear end shunts are the fault of the person travelling behind, fundamentally for either driving too close to the vehicle in front or simply not concentrating. However, in certain cases the driver who suddenly stops can be held at least partially to blame.

Sudden, unexplained braking can be held to be negligent (Elizabeth –v- Motor Insurers’ Bureau, Court of Appeal, 1981). In Ritchies Car Hire Limited –v- Bailey (1958) a woman who slammed on her brakes to avoid hitting a pheasant causing the driver behind to run into her car, was found to have been negligent to stop “merely” for a pheasant. In your case the driver stopped for an amber light as is required except when to do so is likely to cause an accident.

On balance therefore I do think you should pursue a claim although I would expect allegations of contributory negligence (shared blame).

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