What if the driver in front slams on?

I was injured in an accident when the car driver in front of me slammed his brakes on suddenly as a traffic light changed from green to amber. I am losing money due to being off work,  and also want to claim compensation for my injuries and bike damage.  My wife thinks the accident was my fault because I went into the back of the car, but my view is that this only happened because he did a dangerous manoeuvre. Can I claim?

Alex D, by e-mail

Answer

You should always leave enough space between you and the vehicle in front to allow you to safely stop should the unexpected happen. The vast majority of rear end collisions are the fault of the person behind. However, in certain circumstances, the driver who suddenly stops can be held at least partly at fault.  For example, there have been cases involving people emergency braking due to a bird in their way where the courts have decided that the driver was negligent for reacting as they did (i.e., just because of a bird and with disregard to the safety of other road users).

In your case, the driver stopped for an amber light which is required unless it is unsafe to do so. You could pursue your claim on that basis but I am afraid that my view is that you are likely to lose. If you do succeed, then it would probably only be in part, with any compensation significantly reduced to reflect your contributory negligence.