Overtaking a vehicle can be pretty daunting even when you follow the Highway Code; however the number of accidents involving overtaking vehicles is significant.
The most common type of accident occurs when a vehicle is overtaking another and the vehicle being overtook attempts to perform a u-turn or make a right turn. Unfortunately, liability for these types of accidents are not always straight forward and each case is assessed on its individual circumstances. Most of the time it will need to be determined as to whether each party has made their intentions known to other road users and positioned their vehicles correctly.
It is very useful to obtain the details of any witnesses in any accident but in these types of circumstances, it can be an essential piece of evidence with regards to supporting allegations as to what signals were used or not used. Otherwise, it is often your word against the other party’s.
However, if you do not have any witness information, this does not mean that a claim for personal injury will not be successful. It is likely that some contributory negligence may be alleged for either party whether you are the vehicle overtaking, or the vehicle performing the u-turn or right turn.
The contributory negligence will be calculated as a percentage and indicates what percentage you were responsible for the accident and the injuries you sustained as a result. However this is not always the case and therefore it is important that advice is sought from a personal injury specialist (i.e. The Injury Lawyers!) so that the case is assessed on its own circumstances and not generalised.
So, if you have been in one of these types of accidents then you could be suffering from a whiplash injury which can be quite debilitating and will not only affect you physically but perhaps even emotionally, and financially if you are unable to work.
As hinted at before, we are personal injury specialists, as this is all we deal with and therefore we have a wealth of experience in dealing with these types of accidents and the consequences of them. We will fight tooth and nail for the best settlement available to you in your circumstance.
Therefore, please call our free Claim Line on 0800 634 75 75
