I was rear-end shunted

I am currently pursuing a personal injury claim after my bike was struck from behind by a transit van. Although this might seem straightforward, my solicitor has informed me that the driver is disputing liability and claims that I am at fault.

At the time of the accident, I was approaching a junction and intended to turn left. Due to traffic on the main road, I stopped as expected. The van behind me attempted to stop but failed to do so in time, colliding with me and knocking me to the ground.

I sustained injuries and my bike was damaged.

The driver alleges that it appeared I was going to proceed onto the road, so he continued forward, and that I braked suddenly. However, I did not brake abruptly and he must have been following too closely.

Am I correct in believing that I am not at fault in these circumstances and that I should receive full compensation?

Matt, Mold

Answer

Based on the circumstances described, the accident was not your fault.

In cases involving rear-end collisions (commonly known as ‘rear end shunts’, it is very uncommon for the rear-ended party to be found even partially responsible and yours does not seem to be a situation where a reduction in compensation for contributory negligence reflecting any share of blame on your part would be appropriate.

I also don’t believe there is any basis for a reduction due to “litigation risk”, reflecting the general uncertainties of legal proceedings.

On the facts as presented, the driver of the van would be considered fully liable for the accident.