[GA403]

Was driving along the motorway when a Deer came out. I had to slam my breaks on (with my hazards on) and a car swerved to not go directly into the back or me but still hit part of my car. Who is at fault in this situation? Would it be the second car as they didn’t leave enough distance between me and them?

[TC1474]

The person who ran int the bank of you is deemed as being 100% liable under rules that deem this type of crash to be what is called strict liability.

What this means is that vehicles following behind are required to leave sufficient room allowing them to stop in the distance they can see to be clear. They are also required at a speed that is appropriate for the conditions which ties in with the safe distance requirement.

The only way the third party can apportion some of the blame is if it can be proved that you brake tested them or braked for no apparent reason.

It is accepted that emergency braking for a large animal running out in front of you is reasonable.

So don't worry, it is down to the car behind, just notify your insurers and get the letter of claim sent.

[NMNeil]

Brake checking reached epidemic proportions here, but it did encourage many drivers to get dashcams. Without video evidence it would be word against word.