Call FREE from a Landline or Mobile on 0800 634 75 75

Law on road accidents claims due to a sudden stop!

road traffic accident claims

Generally speaking if Driver B caused their vehicle to crash into the back of Driver A’s vehicle, then Driver B would be at fault.

This is, of course, a typical rear end shunt scenario whereby liability is usually attached to the driver who drove their vehicle into collision with the vehicle in front.

As a driver myself, this must be the correct decision as you have no control over the vehicle that’s driving behind you. However, in some strange and unusual circumstances, Driver A in the above scenario could be held at fault.

You would generally have to look at the reason why Driver A stopped so suddenly and without warning.

When its deemed reasonable to make a sudden stop

When a sudden stop was made due to a traffic sign or signal, then it’s highly unlikely to be held at fault if another vehicle crashes into the back of them.

Also a driver may need to stop suddenly if, for example, a child runs out into the road.

In this scenario it’s of-course reasonable to stop suddenly and it’s highly unlikely that you would be held at fault if another vehicle crashed into the back of you.

I could never say that it’s impossible to be held at fault in these situations as every case is taken on its own facts.

Who is at fault when it’s not okay to make a sudden stop

You could be at fault, if you stopped suddenly and without warning for no good reason. Even if your vehicle was not involved in the accident itself, you could still be held at fault.

Say, for example, Driver A stopped suddenly and without good reason. Driver B also managed to stop in time but Driver C crashed into the back of Driver B.

If there was no good reason for Driver A to stop suddenly then they may be held liable for the accident.

In these cases of extenuating circumstances the person who stopped suddenly may be at fault. There is no strict rule on this area of law as every case is considered based on its own unique facts.

The questions that must be asked are:

  • What caused the diver to stop so suddenly and without warning?
  • Was it reasonable for the driver to stop so suddenly and without warning?

In Gussman v Gratton-Storey the Defendant applied her breaks violently in order to avoid hitting a pheasant running across the road. The driver behind was unable to stop and collided with the Defendant’s vehicle. The Defendant (lead driver) was held liable as the sudden stop was in effect held to be unreasonable.

You can see the difficult precedent that this case sets. It leaves a difficult decision as to just when it is reasonable to stop suddenly.

For example, would one type of animal running into the road cause a reasonable sudden stop and another type of animal running into the road cause a sudden stop that was unreasonable? It’s a bit like deciding which animals you can drive over and which ones must be treated as though they were human.

Each case is considered on its facts; if you collided into the back of another vehicle then it’s likely that a Court would hold you at fault. However, if the car in front stopped suddenly without any or any good reason, then the driver of the vehicle that stopped suddenly may be at fault. Say the driver stopped suddenly due to ducks in the road, a Court may say that this was an insufficient reason to brake and stop suddenly.

Such cases may inevitably result in huge liability arguments. There may be a disagreement as to who is at fault. Therefore it is essential that you seek independent legal advice.

We here at The Injury Lawyers are specialists in these type of cases, so don’t hesitate to call us today – free from a landline or mobile – on 0800 634 75 75.


Start Your Claim

Talk to us about making a claim for compensation and, if accepted, we will set-up your claim on our genuine No Win No Fee compensation agreement - which means if we don't win your claim we won't charge you a penny.


You can contact our personal injury claims team by calling free from a landline or mobile on 0800 634 7575 or if you prefer click the link below to create a callback with our expert claims team today...

Create Your Callback

Request A Call Back

Your Details
Accident Details
Select Your Call Back Time
NHS Email Leak
Search Our Blog
Free Instant Valuation
Compensation Calculator
Instantly Values Your Claim

Instantly value your claim for a head injury!


Minor Moderate Severe

Instantly value your claim for a neck injury!


Minor Moderate Severe

Instantly value your claim for a shoulder injury!


Minor Moderate Severe

Instantly value your claim for a elbow injury!


Minor Moderate Severe

Instantly value your claim for an arm injury!


Minor Moderate Severe

Instantly value your claim for a hand injury!


Minor Moderate Severe

Instantly value your claim for a torso injury!


Minor Moderate Severe

Instantly value your claim for a mid-section injury!


Minor Moderate Severe

Instantly value your claim for a back injury!


Minor Moderate Severe

Instantly value your claim for a leg injury!


Minor Moderate Severe

Instantly value your claim for a knee injury!


Minor Moderate Severe

Instantly value your claim for an ankle/foot injury!


Minor Moderate Severe

Find out how much your injury claim is worth!

Click on the injured body part to get your INSTANT FREE personal injury compensation valuation sent to you within seconds...

Yes No

Yes No

Yes No

As Seen on TV
Latest Blog Posts

The Injury Lawyers helps tenant recover compensation for exposure to gas leak

The Injury Lawyers helps tenant recover compensation for exposure to gas leak

When the claimant in this case moved into a rented property, a gas-safety certificate was provided confirming the house was safe to live in. However, it didn't take long for the claimant to start expe...

Published on the 18/01/2018


Can a child make a claim for personal injury compensation?

Can a child make a claim for personal injury compensation?

In England and Wales, anyone under the age of 18 is usually classed as a minor in terms of legality. A minor can't bring a claim for compensation themselves, although a responsible adult may act as th...

Published on the 11/01/2018


Work equipment compensation claims

Work equipment compensation claims

Under various health and safety rules, your employer must provide a safe working environment for you and all other employees. This includes providing suitable work equipment to assist you to do your j...

Published on the 04/01/2018


Vicarious liability claims for work injury compensation

Vicarious liability claims for work injury compensation

When a claimant suffers personal injury because of someone else's negligence, they can claim compensation for the injuries and harm suffered as a result of that negligence. But what happens when someo...

Published on the 28/12/2017


Use of medical reports in personal injury claims

Use of medical reports in personal injury claims

Medical reports are often seen as absolutely vital when it comes to a personal injury claim. Most of the time, the medical report will form the very basis of your claim. Your injuries and suffering...

Published on the 21/12/2017


How do accident at work and public liability claims work?

How do accident at work and public liability claims work?

In the everyday life, it's unfortunate - but not uncommon - for accidents at work to happen. If you suffer an injury from an accident in the workplace that was not your fault, you might be eligible fo...

Published on the 14/12/2017


Facts about Occupiers Liability claims

Facts about Occupiers Liability claims

Under certain health and safety laws, occupiers of a premises must provide adequate protection for visitors to their land or premises. The duty is contained in the ...

Published on the 07/12/2017


Slips, trips and falls at work - when can you claim?

Slips, trips and falls at work - when can you claim?

In the workplace, we're protected by the law which puts a duty on employers to provide a safe work environment for all employees. The Health and Safety Act 1974 imposes this legal duty because all emp...

Published on the 30/11/2017


Manual handing compensation claims - an ongoing problem even in 2017!

Manual handing compensation claims - an ongoing problem even in 2017!

Every employer must follow health and safety laws put in place to protect employees in the workplace. This includes circumstances where manual handling is involved. Regardless of whether you work in a...

Published on the 23/11/2017


NHS worker receives almost £8,000 in injury compensation for slip on wet floor

NHS worker receives almost £8,000 in injury compensation for slip on wet floor

Slipping on a wet floor - we can tell you form vast years of experience that it's not a comical accident to be laughed off or joked about. People have been seriously hurt from slipping on wet ...

Published on the 16/11/2017


Categories
Archives
%d bloggers like this: