Is The Driver Held Liable In Sudden Stops Automobile Injuries?

January 6, 2016

According to a recent study, a majority of accidents are caused when the drivers fail to use the turn signals, or also known as indicators. It is the responsibility of individuals driving vehicles to observe and determine whether it is safe to move and give appropriate signals, so that others are not affected.

Sometimes emergency situations might arise that requires a sudden stop. Determining liability in such cases usually depends on the circumstances. If the collision is caused by stopping the vehicle suddenly due to traffic ahead, then the court will not hold the driver liable. However, courts hold that, drivers moving in places with congested traffic should anticipate the chances of unindicated and sudden stops.

Generally drivers stopping suddenly due to traffic signals or signs are not found liable. In such cases, giving a warning sign is excused, because it was also the duty of the person following the car to see and abide by the sign as much as the stopping driver.

Sometimes, you may have to abruptly stop, like for example, when a kid runs into the street. In such scenario, it is logical to stop your vehicle suddenly and you will not be held responsible if another car crashes into the back.

However, you would be at fault, in case you stopped without any reason. In such cases, even if your car was not involved, you would be liable for the accident. For instance, Vehicle A makes a sudden stop without any reason, but Vehicle B was able to stop on time. However, Vehicle C may collide at the rear of Vehicle B. In such case, the individual driving vehicle A is held liable, as there was no basis for the car to suddenly stop.

There are no stringent rules in this area, as each case is judged based on the unique circumstances. Some things to consider would be –

  • Why the driver stopped unexpectedly without a warning.
  • Was it reasonable/practical for the person driving the vehicle to suddenly stop without warning

How to Avoid Sudden Stop Accidents?

Being safe should be the main aim of every law abiding drivers. Mentioned below are the tips to stay safe while driving –

  • Pay attention to the departing and approaching vehicle. Following at some distance will give you enough time to apply brakes, turn off and veer away from the disaster.
  • In case, the weather is bad or the driver encounters some hazard, he/she must drive slower.
  • Reduce speed in residential areas and school zones.
  • When nearing construction area or a freeway project, slow down even if there are no sign boards.

Should You Consult an Attorney?

If you are involved in an automotive accident, then you need to immediately consult an attorney. The other party might have defences like comparative negligence (shows that the victim was also at fault partially). A lawyer could protect your right and represent you in the court of law and also handle the insurance company.

A serious crash leaves you jobless with bills and sometimes on the threshold of bankruptcy. To know more about rear end accidents, and who is generally liable in sudden stop accidents, visit the site