Who would be at fault if you brake sharply?

[Emu2005]

I'm just wondering who would be at fault in a certain situation.

Say I'm driving along and I brake sharply to avoid hitting a bird / cat / badger / whatever in the road, the person driving behind me is driving too close and goes into the back of me.

I've always thought that it's always the fault of the person going into the back (as they should have left their 2 second gap) unless someone has pulled out in front of them or something. But I can imagine if it went to court and someone said they stopped so as not to run over a pigeon or whatever there woudln't be much sympathy and maybe they would say that person shoudln't have stopped and find them at fault?

Just a theoretical question really, wondering if anyone has been in this situation and what happened?

Thanks :-)

[chas2008]

in theory and from what i have always been led to believe is any rear impact like the situations you are talking about is a result of someone driving to close or not concentrating. The argument that someone slammed there brakes on unexpectedly doesnt hold up, with the correct braking distance there shouldnt be a collision. They hit you not you hit them..

[joggerjayne]

Correct.

The driver behind should allow sufficient distance to enable himself to stop safely in the event of any unexpected action by the car in front.

It may be slowing for an animal, or because a child runs into the road, or because of a mechanical failure.

You watch the road in front.

The car behind watches you.

[R1Geezer]

The reason you brake suddenly is irrelevant. As you say if the driver behind is too close then that's their fault, end of.

[Emu2005]

OK thanks! I always get a bit nervous when someone is driving so closely and I wonder what would happen if I braked for an animal. I wish people would just not drive so closely - there's no need!

[gsr600]

i find that if you leave a good gap between the lead vehicle - some Snag will always pull into it after they overtake you - Grrrrrr

[Hymie]

I would offer the following caveat in relation to breaking sharply.

Many many years ago when I was learning to drive (you had to have a man walking in front with a red flag) – my driving instructor was the chairman of the local driving instructors association, disseminating any and all information that would be of use to other members.

One of the press articles I recall involved a learner driver who was rear-ended following an emergency stop manouver. The case went al the way to the house of lords – who decided the learner driver/instructor were at fault for not ensuring that it was safe to undertake the manouver. So while you will win a claim if you brake to avoid a dog running out in the road – you will not win if you argue you are conducting a braking test on the following vehicles.

[Wak]

If you think that someone is driving too close then try putting your rear lights on for a couple of seconds. They may think you are braking and then back off a bit???
If that doesn't work try slowing down just to annoy them.

[oldhamfan]

Bad answer. Don't ever drive tit-for-tat and to annoy people. Drive as safely as possible - if someone is driving too closely maintain your speed and they will pass if they want to.