Can I make an injury claim if I hit a car that braked 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 always 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 were 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 claim 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 include 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 an accurate representation of the amount of compensation a claimant should receive.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

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