Did I brake too suddenly?

I am bringing a personal injury claim following an accident when my bike was hit by a car from behind. I thought it would be straightforward, but my lawyer tells me that the man who crashed into me is holding me partially at fault. I was approaching a junction intending to turn left but as there were other cars on the main road I obviously stopped. The car behind also braked but failed to stop in time, knocking me off my bike. I had some injuries, thankfully nothing serious, but my bike was badly damaged. He says it looked like I was going to continue onto the road so he followed me, but that I suddenly braked. Am I right that this cannot possibly be my fault and I will get 100% of my compensation? I should add that I did not suddenly brake and he must have just been too close behind.

Dr Simon B, by e-mail

Answer

The accident was not your fault. It is very rare for a victim of a rear end collision to be found to be partly responsible. This is not a case where you should consider any reduction to your compensation due to contributory negligence which reflects an injured party’s proportion of the blame for an accident. Likewise, no reduction should apply for “litigation risk” which is a discount reflecting the general risk of litigation. The car driver is 100% at fault.