Road accidents are a common occurrence – they really do happen all of the time, every single day. There are so many ways you can end up injured through the negligence of another driver out there on the roads; but there are also ways in which you can claim for compensation even if another vehicle is not involved.
A few road accident examples:
Rear End Collisions
If another car crashes in to the back of you, unless you broke suddenly without good reason, it’s pretty much safe to say that you have a successful claim for compensation. If someone goes in to the back of you, they have not allowed enough distance between their vehicle and yours. They are likely at fault for the accident.
Roundabouts
Accidents on roundabouts can so easily occur! The simple and easy rule to follow is – always give way to your right. If another driver pulls on to the roundabout and hits your vehicle, they are at fault if you were already proceeding on the roundabout. If you and another vehicle to your left approach the roundabout at the same time, you have the right of way – the other vehicle must give way to you on their right. If they don’t, it’s likely you have a successful claim for compensation. Unless you’re driving abroad of course…
Side Road Collisions
If a driver pulls out from a side road and hits your car, or pulls out in front of you and doesn’t leave you enough time to stop, and causes a collision, you’re entitled to make a claim for compensation. On the major road, you have the right of way, and it’s the responsibility of the driver attempting to merge from a side road to ensure they give way to you.
Defective Highways
Is anyone else frustrated at having to slalom around our pothole-laden roads thanks to the massive freeze we had in December? I know I am! But if your local highways authority has failed to regularly maintain the highway, or fail to fill in a pothole once it’s been reported, you may have a claim for compensation if you drive over one and end up crashing. If you hit a pothole at 30mph, you may well end up damaging your steering or suspension and come careering off the road. It may cause just enough force to throw your vehicle off course and into a collision.
Passengers
If you are a passenger in a car accident, you definitely have a claim for compensation in most cases. As a passenger, you cannot be found liable for causing an accident if you’re not in control of a vehicle. So, either way, you have a claim – unless (and I feel I have to say this) of course you do something daft like grab the wheel or distract the driver, causing an accident. But in an ordinary collision between two vehicles, as an innocent passenger, there is nothing you could have done to prevent or contribute towards the accident happening.
Seat Belts
Wear your seatbelt at all times! And yes, this means when you are on a bus and they are provided, and yes, you must wear them in a taxi after a night out. If you don’t, and you have an accident that wasn’t your fault, its likely you will be awarded less compensation (say, a deduction of 25%) if it’s found that your injuries are worse due to you failing to wear a seatbelt. It’s the law – and can save your life!
Claiming
If you are involved in a road accident that was not your fault, it’s likely you can make a claim for compensation. Whiplash is the most common injury from a road accident, and it usually affects your neck, shoulders, back, and arms. Headaches and nausea are common side effects of a whiplash injury.
Make a claim for compensation with your own independent specialist personal injury lawyer. Avoid dealing with any solicitors your insurers refer to you, as it’s likely they will have paid a referral fee for your claim (often known as Legal Expense Insurance, or Legal protection), leaving them with less money to fight hard for the compensation you deserve, and less money on providing you with a great service. With your own independent lawyer, more money can be spent on your case.
Lastly, avoid dealing with the third party insurers directly. They may try and under settle your claim with a quick cash amount without getting any medical evidence or treatment for you. Avoid this at all costs!
Acts of God / Nature
Unfortunately, the wind blowing you off of the road, a tree falling on to your car, or a flash flood causing an unfortunate aquaplaning incident, are all likely times when you can’t make a claim. But speak to an injury lawyer anyway – you never know: you might still have a claim!
Lastly, take care out there on the roads in the midlands today. It’s been blowing almost a hurricane for the past three days now, and I’ve seen more than my fair share of branches on the ground and car doors almost taking people out!
