In a rear end shunt, is the person behind behind always at fault?

In a word? No. This is the most common misconception that I come across and something that stops many genuine victims of personal injury from making a legitimate claim.

“I ran into the back of them, so I can’t make a claim.”

It’s simply not true. There is so much more to be considered than who ran in the back of whom. 9 times in 10 it will be the case, the person at the back will be at fault. They might be speeding, not paying attention and brake too late or just haven’t left the right stopping distance but what about that 1 in 10?Anna Heeley Head

We can help those people and I’m pleased to say that as a specialist RTA litigator I’ve helped many of them before.

The classic example happens on a multi lane road. Imagine two cars on the motorway. Car 1 is in the slow lane and car 2 is in the middle lane, overtaking car 1. The traffic is quite heavy and as car 2 cuts in front of car 1 they (car 2) slam on the brakes because the traffic in front is braking.

Car 1 runs into the back of car 2. Who is to blame there?

Car 1 has run into the back of car 2, yes, but what have they really done wrong? They were driving along, they had a good stopping distance between them and the traffic in front when car 2 suddenly cuts in front, not leaving enough room for car 1 to have a proper stopping distance, and slams on the brakes.

There are always other factors to take into account but on those very basic circumstances there is a very good argument to say that car 2 is at fault.  I’ve won countless cases just like that before, for the person driving car 1.

Don’t be afraid to seek legal advice. We can offer you a specialist independent legal opinion free of charge. If you feel, in any way, that the accident you have been involved in wasn’t your fault speak to us and let one of our experienced experts assess your case.

Anna Woodruff, Associate Solicitor and RTA specialist

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