There is a common misconception that if a driver collides with a vehicle ahead that brakes abruptly, then the responsibility is over the driver behind. The reality is different. ‘Circumstances’ is the key factor to determine which driver is responsible and to what kind of liability is apportioned. This factor will play a pivotal role in your Car Accident Claims process.
Safe Separation Distance
We commonly observe drivers following the car in front at a dangerously close distance (tailgating), which causes accidents. Drivers who drive carefully are frequently concerned by tailgating drivers.
Therefore, a 2 second separation (2-Second Rule) from the vehicle in front is highly recommended in dry road conditions. The reason behind introducing this rule is that it allows you to think and brake distance. This is a simple time-based rule that obliges you to keep the distance as speed increases. Depending on the weather, you need to increase separation to 4 seconds in the wet condition. Similarly, you have to further increase during ice or snow.
Drivers are recommended to be well aware of the events they see in front of their screen. By maintaining adequate distance while driving, you can avert a crash, especially if the car in front brakes abruptly and unexpectedly. You need to know the driving conditions and circumstances and keep the appropriate distance accordingly.
Making Car Accident Claims for an Injury
In case of your injury in a crash with a car ahead that suddenly stopped, you may submit a road accident compensation claim. Remember, whether or not your claim will be successful will depend heavily on the accident circumstances. In this area, you need to consult an experienced compensation claim lawyer.
For example, if a car braked without warning to prevent a child from crashing, the courts may favour the driver. The court may state the driver ahead had ‘reasonable cause’ to take brake in an emergency situation. As such, the driver behind is more likely to be held liable for the injury. In this case, the driver behind is responsible for maintaining adequate distance from the car ahead.
It is possible that the driver stopped the car without warning for a reason perceived to be ‘not reasonable’. In this case, the court may not favour the driver ahead by declaring his negligence. Ultimately, the court’s rule will favour the driver behind.
Another scenario is that both drivers contributed to the crash due to their negligence. The driver in front might have stopped without any reason. However, the injuries of the driver behind were not very serious because of his adequate distance from the car ahead.
Therefore, in case of liability of both parties as established by the court, there might be a split-liability agreement.
Amount of Compensation You can Claim
It is possible that you sustained your injury in a car crash whether you were the driver behind or ahead. And both drivers may be injured.
General damages and special damages are added together to calculate your injury compensation.
‘General damages’ includes the compensation awarded for PSLA (pain, suffering and loss of amenity). The type of injury or illness, and the severity are criteria to calculate these damages.
‘Special damages’ are all about compensation awarded for any financial damages you have incurred after your injury. These damages include lost wages, medical treatment expenses, physiotherapy, and the cost of repairing your car or property after an injury.
Hire Our Car Accident Compensation Claims Solicitor
We have an experienced panel of well-informed lawyers dealing with car accident compensation claims with all valuable resources. They are well prepared and take individualised approach for every car crash claim case. They help clients to make their compensation claim process smooth. They also assist them in understanding all legal aspects and prepare them to negotiate with the insurer. Based on our superior service, our lawyers will help you to recover the amount you spent to receive medical care, property damages, lost work, and overall the personal injury.
We remind you that you don’t need to be trapped if your insurer misguides you about the crash liability. Let us fight against the insurance company to get the maximum rights you deserve!