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September 23, 2010

Duties Owed by Driving Instructors

When you begin your driving lessons you put your trust in the instructor and the fact that it is them who are responsible for your driving. They will teach you everything you need to know about driving a car, and do it responsibly and with patience.

Some people may be unclear on exactly what duty of supervision and care that a driving instructor owes their pupil.  The duty of a driving instructor to a pupil is the same as that owed by a supervisor to his friend (Ritchie, 2009).

If a learner driver becomes involved in a car accident, whilst under the supervision of a driving instructor it is important to cover the instructor’s role in the accident. The judge would need to look at whether the driver was ready for the driving expected of him. And what the instructor could have done to prevent the accident, and any negligence demonstrated.
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September 23, 2010

Hazards at Work

When we get up in a morning to go to work in the morning the last thing we want to happen during the day is to come to any danger. We all know that the harsh reality of life is that accidents do happen, and no matter what lengths some employers go to, they simply can’t be avoided.

Yesterday there was a story in the Daily Mail about a man who had lost two brothers due to accidents in the workplace. He lost one of his brothers due to asbestos poisoning a few years ago. Asbestos is a disease that some workers can develop in the work place. It can take over twenty years to show it’s symptoms but when it does they can be deadly. He lost his second brother when someone turned an industrial machine on, that he was inside cleaning.

The death of the first brother was unfortunately unavoidable. Asbestos disease is popular amongst work men, or in fact anyone who works with buildings.  Asbestos is a good insulator so was used a lot in houses and buildings that were built in the 1950’s up to the year 2000. So anyone working on a building before the year 2000 is at risk.
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September 23, 2010

Pedestrians

All road users should show pedestrians a duty of care when using the road. As a pedestrian you are more vunerable than any other road user. This is why it’s important that if using the roads at night you are walking in a well lit area or are wearing high visibility clothing. This will help other road users to spot you.

If you do become involved in a road traffic accident then you should move to a safe place, where you are no longer at risk from other drivers. If badly injured yourself or the other party involved should call the emergency services to look over your injuries.

After being involved in a road traffic accident you should try to get as much information as possible. You should get the name, address and contact number of the other party involved. Write down the make of the vehicle they were driving and its registration along with their insurance details. Any photos of the scene of the accident would be of help when pursuing your injury compensation claim, or any photos of your injuries.
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serious injury from manual handling
September 23, 2010

Injured on a Zebra Crossing! Who is to blame?

A zebra crossing is a type of pedestrian crossing that allows pedestrians to cross the road safely. Unlike some other crossings they are uncontrolled by traffic lights and can be identified by white staggered lines that run across the road. Although most pedestrians and road users will be aware of this type of crossing, they may not be aware of who has the right of way.
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September 22, 2010

Accidents at Work Claims

Whatever career you have, at some point you will have to use a form of work equipment. Whether you work in an office or on a building site, the course of your employment will consist of you using equipment provided by your employer. This may mean using large industrial machinery or chairs and work stations. Whatever the risk, your employer has a duty to protect your health and well being, because faulty equipment can cause accidents. 

There are other items in your workplace that may cause you injury if they are not correctly maintained. These include lighting, fixtures and fittings, fans and air-conditioning units, heaters and boilers. It is important that your employer carries out regular checks on these items because if not they could be putting your health and safety at risk.
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September 22, 2010

Motor Vehicle Compensation Claims

All motor vehicle users owe a duty of care to other road users, including other drivers, cyclists, motorcyclists, and pedestrians. Any one driving a motor vehicle in the UK must by law hold a full UK driving licence, have a valid MOT certificate, valid insurance documents and road tax. If a driver on the road only holds a provisional driving licence then they must be accompanied by a fully qualified driver who is over 21 and has been driving for at least three years.

 The driver of a motor vehicle may be regarded as negligent if they become involved in a road accident and it is revealed that:

  • The driver of the vehicle was speeding
  • Failed to break
  • Failure to control the vehicle
  • Doesn’t regard traffic signs or warnings
  • Fails to keep a look out for other road users

If you have been involved in a road accident it is important that you take the details of the other party involved. They should have car insurance, however in some cases drivers choose not to, by doing this they are breaking the law and could face a prison sentence.
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September 22, 2010

RTA Guide: Motorcycles

Some people love motorcycles, some people steer clear of them at all costs. The people that love them see them as a huge convenience for avoiding the congestion on our roads. Motorcycles are the faster way of getting around, as they can easily cut through traffic. Motorcycles and mopeds are becoming more and more popular. A lot of motorcyclists feel that riding their motorcycle is a much more exciting and exhilarating way to get around.

Although there are many positive points of using a motorcycle there are also a lot of negatives. As a motorcyclist you are 57 times more likely to be killed in an accident than a car driver. You represent approximately 1% of the traffic on our roads in the UK but account for 19% of all deaths and serious injuries.

The Government recently launched a campaign called Think! One of the things they wanted to gain from the campaign was to make car drivers more aware of bikers, and to see them as people not just objects. They released figures which stated that 493 motorcyclists died and 5,556 were seriously injured in road collisions in 2008 in Great Britain.
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September 22, 2010

Accidents on Construction Sites

Construction sites have a large variety of risks, making the possibility of an accident quite high. Workers are faced with operating hazardous equipment and working with unstable materials.  Construction work also requires a lot of manual work, so you are constantly putting your body through demanding work and all this strain could lead to an accident at work.

Construction sites are one of the most dangerous places to work, with the industry approximately employing 7% of the UK workforce. Dangers include working at height, working with hazards on ground level, operating heavy machinery and large amounts of manual handling. Each of these situations needs to be assessed before hand, to do this your employer should carry out a risk assessment.

As your employer is aware of all of the risks on site, they have a duty of care to their employees to make sure that they do everything necessary to prevent injury on the construction site. If they were to neglect this duty of care they would be putting you at risk of injury, and themselves at risk from an insurance claim.
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taxi accident claims
September 20, 2010

Advice on public transport claims!

When you use public transport you expect as a passenger, that you’ll endure a safe journey to your destination. However that’s not always the case!

With autumn slowly creeping in, those winter bus journeys are going to be something we all dread. Getting up an extra hour in the morning, waiting at a bus stop or railway/tube station in wet and cold conditions, it’s not a nice experience…

When using public transport the driver of the bus, tram, train etc owes you, as a customer, a duty of care.
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September 16, 2010

Cauda Equina Syndrome Claims

Cauda Equina Syndrome (CES) is a serious condition which is caused by the compression of the nerves in the lower portion of the spinal canal. If diagnosed it is considered a surgical emergency because if CES is left untreated it can lead to permanent disability. Medics use a number of red flags when diagnosing the syndrome, this makes them aware of the seriousness of the disease.

CES is caused by the significant narrowing of the spinal canal, it compresses the nerve roots below the level of the spinal cord. This means that nerves may become trapped, or unable to function properly in the process. There are numerous causes of CES that have been recorded:
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