Rear end shunt: when is the front driver to blame?

The ‘rear end shunt’ is one of the most common types of road accident and one which frequently causes injury giving rise to a claim for personal injury compensation. There is a general assumption that liability for such an accident rests with the rear driver, however in a recent case the Court of Appeal found that both the front and rear drivers were partly to blame for causing a rear end shunt accident.

In the case of Ali v D’Brass involved a collision which occurred when a transit van collided with the rear of a BMW. The driver of the BMW sustained personal injury and made a compensation claim against the driver of the van. The case was heard at court and the judge decided that the accident had occurred when the BMW driver had braked suddenly without warning and without good reason. In the circumstances the judge held the front driver completely responsible for the accident. The BMW driver appealed against the judge’s decision.

The Court of Appeal decided that it was the rear van driver who was mainly responsible for the accident as the accident would not have occurred if he had left sufficient stopping distance between his van and the vehicle in front. The rear van driver was held to be 60% to blame for the accident. The front driver was found to be partly to blame for the accident because he had braked sharply without good reason. The front BMW driver was held 40% to blame for the accident.

The need for expert advice from a personal injury solicitor following a road traffic accident

This case highlights the fact that even in apparently straightforward road accident cases liability can be disputed and it is therefore essential that expert advice is obtained from a personal injury solicitor after any road traffic accident.

If you have been involved in a motor accident contact us for free, no obligation advice on freephone 0800 731 5434 or submit an on-line enquiry to obtain free advice about making a road accident claim.

Added 17.01.12