Can I always claim if the driver ahead breaks suddenly?
Some drivers are under the impression that if they have to brake suddenly and a car goes into the back of them, the driver behind is to blame. In some instances this is correct, but the apportionment of blame depends on the circumstances.
A driver should remain aware of the events that are unfolding ahead of them, as well as keeping an adequate stopping distance from the car in front.
Can you claim?
If you have been injured as a result of a driver braking without warning, you may be able to make a compensation claim. This would be dependent on the facts of the incident.
For example, if a driver has to brake suddenly because a small child, then the Courts may rule that the driver had a 'reasonable cause' to make the sudden stop. This may affect the compensation sum paid to a second driver injured as a result of the collision.
However, if a driver brakes suddenly without due cause or for a reason not deemed as essential, such as braking for a small wild animal, then they may be seen as negligent. In this case, a driver who then crashes into the back of them may be able to make a claim for full compensation.
In both cases, it would have to be proven that the lead driver was negligent to some extent. A claim may be supported by CCTV footage from surrounding buildings, photographs taken at the scene and/or witness statements.
How much can you claim for a driver's negligent braking?
Legal advice should always be sought to assess the chances of the claim's success along with a predicted compensation sum.
A Claimant may be able to claim for both general and special damages. General damages pertains to the pain and suffering experienced as a result of the incident. Special damages includes added expenses such as medical costs, travel costs and loss of earnings.
Loss of earnings may be claimed for if the Claimant has been unable to work due to an injury they received in the accident, or if the accident has made a pre-existing medical condition worse.
A Claimant will in most cases undergo a medical examination from a medical expert who will assess their injuries and suggest any future treatments that may be required. The report will give the Court with an accurate representation of the amount of compensation a claimant should receive.
Quittance's expert panel of solicitors are experienced in dealing with many road accident personal injury claims.