They slammed on in front of me…

I was injured in a motorcycle accident when the driver in front of me braked suddenly as the traffic lights changed from green to amber. I collided with the back of the car and suffered injuries, damage to my bike and I have also lost income.

My wife says the accident was my fault because I went into the back of the car but I believe the driver braked unnecessarily and dangerously. Can I make a compensation claim?

Jason, by email

Answer

As a general rule you should leave enough distance between you and the vehicle ahead to be able to stop safely if it brakes unexpectedly. For that reason, the person who collides with the rear of another vehicle is usually found to be at fault.

However, there are exceptions. If a driver brakes suddenly and unnecessarily they may be held wholly or partly responsible for the collision. For example, the courts have found drivers to be negligent where they have carried out emergency braking in response to a bird in the road, without proper regard for the safety of traffic behind them.

In your case the driver stopped because the traffic lights changed. The Highway Code requires drivers to stop at an amber light unless it would be unsafe to do so.

While you could still pursue a claim if you believe the driver braked unreasonably or unnecessarily, the prospects of success appear limited. Even if you were able to establish some fault on the part of the other driver, any compensation awarded would likely be significantly reduced to reflect your own contributory negligence.