Driver liability for a collision within the vehicle’s stopping distance

Under Article 20(2) of the Road Traffic Act, drivers must choose a speed that takes account of the weather, road conditions and actual visibility so that they can stop before any foreseeable obstacle. When a danger to traffic arises, they must reduce speed and, if necessary, stop.

What is the danger zone for stopping?

It is the shortest distance in which a vehicle can be brought to a stop from the moment an obstacle appears on the road. It is always greater than the braking distance alone: it includes both the braking distance and the distances travelled during the driver’s reaction time and the time the brakes take to engage. A driver is not liable if the collision occurred within that zone unless the driver’s own conduct before entering it created the conditions for the collision.

A speed appropriate to the conditions is one that enables the driver to stop when a danger to traffic arises.

Driving at a speed at which the stopping distance exceeds the visible stretch of road means the driver cannot stop within the distance they can see. This infringes Article 20(2) of the Road Traffic Act.

This article is not a legal opinion or advice on a particular situation or person. The author makes no claim to cover stopping distances in road accidents exhaustively. For assistance in a similar case, after a road accident or if charged with causing one, consult a lawyer practising tort law, particularly claims for compensation following road accidents.