When one car driver runs into the back of another, the legal system may automatically assume that the rearmost was at fault. The logic would appear to be that as the driver of the second vehicle could see the first one, they should have taken avoiding action or not have been driving without proper care and attention. However, this may not always be the correct analysis, and if you were the driver of the second vehicle and sustained an injury, you may be looking at your options. Is it possible for you to claim compensation in a situation like this?
Sharing the Blame
Some people may argue that you cannot claim compensation if you were at fault, but there may have been mitigating circumstances in this situation. You need to establish that the other driver was at least partly at fault in order to claim compensation. In other words, even if you may have contributed to the accident, you may also be able to claim some compensation.
If you only hit the car in front because someone else ran into the back of your vehicle and pushed you forward, this is a clearer-cut case. Certainly, you were not solely to blame and could argue that you had no way to predict the rear impact. You didn't have enough time to avoid hitting the car immediately in front of you.
Alternatively, you may be able to prove that the vehicle in front had braked unexpectedly because they were not paying attention. If you could see that they were talking on the phone at the time of the incident, you should produce this as evidence.
Sometimes, the driver in front may brake suddenly, change lanes or do something else that is entirely unpredictable. You may not have enough time to react to their behaviour, and your vehicle may therefore have run into the back.
Contributory Negligence Claims
These are just some of the ways you could prove contributory negligence on the other driver's part. If your findings are accepted, an insurance company will apportion negligence and may offer you compensation.
Being Prepared for Battle
However, bear in mind that cases like this are often vigorously contested, and you need to be sure of your ground. This is why working with an experienced personal injury lawyer as you move forward is essential. They'll have experience in this type of situation and can advise you on how to present your case to achieve the best chance of success.
Reach out to a personal injury solicitor for more information.Share
17 June 2022
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