Question: A car suddenly changed lanes pulling up in front of me on the highway. I had to slam my foot onto my brakes causing the car behind me to hit me. I was hurt and my car was written off. Can I claim damages and from who?

Answer from Bruce Simmonds of Parker Simmonds Solicitors:

I am sorry to hear about your accident and that you were hurt.

There is an obligation on all road users (yes, including bikes and skateboards) to drive with due care and attention. The driver who presumably did not provide you with sufficient or any notice of his intention to change lanes is at fault. He should have used his indicator and if you didn’t respond, his horn to warn you.

The driver behind you is also at fault as far as you are concerned as the same rule applies to him. He should have had sufficient sight to see the manoeuvre and be far enough behind you to avoid or minimise the collision. He can seek compensation from the first car though.

You are not at fault as you were driving in such a manner as to avoid hitting the first car and should be commended. You can claim compensation from both drivers or cars as they are both at fault.

Even if you hit the first car they would both still be liable to compensate you.

I would recommend you see a solicitor as soon as possible in case one of the cars was unregistered or stolen. The government imposes strict time frames for making claims.

Bruce Simmonds is a director of Parker Simmonds Solicitors and Lawyers and a member of the My BT Gold Coast “Advice Army”. Have you got a question about personal injury law? Email your questions for Bruce to goldcoast@brisbanetimes.com.au.