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I read in the Journal Live that a drunk man has been struck by a bus and has recently been awarded compensation.  Stephen Lightfoot suffered horrendous injuries, namely a fractured skull and a brain haemorrhage, and now requires 24-hour care for the rest of his life, after being hit by a bus when crossing the road.  As CCTV footage has shown, the bus driver was caught reading a timetable when he was supposed to be concentrating on his driving.  As such he was found to have been negligent and was clearly not driving with due care and attention when he struck Mr Lightfoot.  However, Mr Lightfoot only received 60% of the compensation he was entitled to because the accident was partly his fault due to the fact that he was drunken and behaving irrationally at the time of the accident.

The judge who oversaw the case said that Mr Lightfoot was partly responsible for his injuries because he was drunk and should not have therefore been trying to get the attention of a bus by standing in the middle of a poorly lit road.  Although the bus driver should have been giving the road his full attention and not reading a timetable, equally, Mr Lightfoot should not have been in a dark road trying to hail a bus; something he probably would not have done had he have been sober.  Yes, the bus driver should have been checking for dangers, checking his speed, his mirrors, and concentrating on the road, but Mr Lightfoot should also not have been in the road.

The CCTV footage revealed that the bus driver had turned his cabin light on to read the map which he put on his lap.  As you can imagine, this is damning footage which showed that the bus driver was not looking at the road.  Road users owe pedestrians a duty of care to ensure their safety.  That is, they must take steps to keep a look out at all times for dangers.  If you have been involved in a collision with a vehicle whilst a pedestrian you too may be entitled to compensation where the driver of that vehicle was not paying you the due care and attention you are entitled to.  It is therefore best that you firstly get yourself checked out at a hospital, or by your GP, and then contact a professional quality personal injury lawyer who can advise you on your potential claim.  As this case shows, even if you under the influence of alcohol and your behaviour might not have been what it would be if you were sober, you may still be entitled to compensation.

I read today on the Health Safety Executive website that a man has been injured having been involved an accident at work back in 2009.  The HSE reports that Mr O’Brien has lost all movement in three of his fingers for life as a result of an incident at a construction site he was working at.  Mr O’Brien was using a drill at his work when his hand became caught in it as a result of it not being properly guarded.  As a result of the accident, Mr O’Brien needed to have a number of skin grafts and cannot resume work.

Jex Engineering Company Ltd, the company who employed Mr O’Brien, was taken to the court by the HSE for failing to ensure the drill was properly guarded.  That is, Jex Engineering had not recognised that the drill was not guarded when providing it to Mr O’Brien.  In fact, Mr O’Brien’s employers had instead stated that the drill had a guard when completing a risk assessment on it.  Later, Mr O’Brien’s’ employers did indeed plead guilty to the charges, in particular, to breaching Regulation 11(1)(a) of the Provision and Use of Work Equipment Regulations 1998 which require employers to prevent their employees from using dangerous machinery.

If, like Mr O’Brien, you have sustained an injury whilst at work, it is important that you firstly report the accident in the accident book which your employer has to keep by law.  This is important because it provides evidence as to your accident, and is the basis from which a claim for compensation can be made on your behalf.  The next stage in obtaining compensation is to get the advice of a quality personal injury lawyer who can provide you with free legal advice and no cost representation.  Good personal injury lawyers have years and years of experience in dealing with these types of claim and know exactly how to conduct your claim and make sure you get the maximum compensation you deserve.
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Being involved in an accident that was not your fault is a trying time for anyone. It can be confusing just thinking about which lawyer you should instruct, what happens next, how much you can claim for etc. There are so many questions, and so many different answers. So here’s a guide on what to do and what you need so you know what course of action to take.

What to Do

If you have been involved in an accident that wasn’t your fault, there are two things you need to do right from the start.

Step 1: at the scene of the accident, exchange details with all relevant parties involved:

• Road Accidents: exchange names, addresses, telephone numbers, vehicle details (reg, make, model, colour), and insurance information with any other vehicles involved in the accident, and any witnesses to the accident. If your injuries are debilitating enough to prevent you from this, the police should always be called.
• Accident at Work: if you need help, shout for colleagues for assistance, and ensure your supervisor or manager is called to attend. If you are able to do so, ensure the accident is recorded in an accident book, and you note the names of any colleagues that may have seen what has happened.
• In / On Premises (Shops, bar, restaurant, etc): again, if you need help, call for it. Ensure you speak to a manager or person in a position of authority within the premises to ensure your accident is recorded – get a copy of whatever they record as well. If there were witnesses, make sure you get their information.
• On the Street (Council Claims): again, if you need help, call for it. You can also take the details of any bystanders that may have witnessed your accident, and taking photographs of the general area and whatever caused your accident is an essential thing to do. If you are unable to take any photos there and then, make sure you return to the scene as soon as you can to take some.

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A lady has obtained compensation from the NHS after she was left injured when an operation did not go according to plan.  The Daily Post reports that the woman had had a series of operations on her foot to prevent it from overlapping and to correct her toes which were facing the wrong way.  However, as a result of the unsuccessful operation, where a joint was damaged and her big toe was left too short, the woman has been left in enduring pain with her balance affected, and she now has to use a mobility scooter if she wants to go anywhere.

As the Daily Post reveals, the woman in question notes that her ‘life since the operation has changed completely…I have to use a stick or crutches to walk long distances and I have to use the mobility scooter when shopping.’  Furthermore, the woman’s sleep has been disturbed, she has had had problems cooking, and she has needed to adapt her home and get help in to ensure that she can get through every day.  The compensation that the woman has received will therefore go some way in helping with the costs of the help that she has already paid for, and the costs of any help she may need in the future.  It is an attempt to put the woman back in the position she would have been had the incident not occurred.

The NHS has since admitted liability for medical negligence.  As you may already know, the NHS has an important duty of care to all its patients.  That is, when you are in the care of the NHS, your well-being is to be maintained.  After all, you undergo an operation to put right whatever is wrong, not to make things worse.  The NHS has a duty to carry out its treatments and surgical procedures correctly – not to make mistakes which will ultimately hinder your lifestyle.  If you have similarly had a failed operation you may also be entitled to compensation.  It is therefore important that you seek the advice of a professional and quality injury lawyer with years of experience in dealing with medical negligence claims.  At The Injury Lawyers we have this expertise and we are able to provide you with No Win No Fee legal representation. If you feel that you may have a claim, it is definitely worth giving us a call.  Please remember that you have three years in most circumstances from the date of your accident to make your claim.

I read over the weekend that a man has received over £1million in compensation having sustained serious head injuries after being involved in a road traffic accident.  The Oxford Mail reports that Mr Sutton was the passenger in a vehicle which collided with another vehicle back in 2006.  As such, Mr Sutton suffered memory problems, blackouts, depression, and epileptic fits after sustaining a serious head injury.  He subsequently found himself unable to work and has since struggled to find an alternative job.  This recent payout of over a million pounds from the driver’s insurance company can be seen as an attempt to place Mr Sutton in the position he would have been had he not been involved in the road traffic accident and had he not ended up seriously injured.

Road traffic accidents are sadly an everyday occurrence.  It may be a minor crash on our roads where someone gets a small dent in their car, or it may be a much more serious crash where someone ends up very badly hurt.  If you have been involved in a road traffic accident which is not your fault, and you have subsequently suffered an injury, you may be entitled to compensation.  Like Mr Sutton, you should seek expert legal advice from a fully qualified injury lawyer.  However, receiving over a million pounds is in no way a given.  The amount of compensation you receive wholly depends on your injuries, how long these injuries last, and any further losses you have suffered as a direct result of your accident.  In this case Mr Sutton received over a million pounds because of the severity and longevity of his injuries, and the fact that he will need to pay for care for the rest of his life, and also because his future earnings ability has been significantly diminished.

If you have been unlucky enough to have been caught up in a road traffic accident and suffered a personal injury as a result, it is vital that you seek professional advice. At The Injury Lawyers our legal advice is free and so you have absolutely nothing to lose in seeking this independent and quality advice we give.  The Injury Lawyers should be your first port of call for a high quality and speedy service – we are experts in the field of Road Traffic Accidents and will walk you through every stage of your claim, ensuring you obtain the maximum compensation you deserve.

The time after an accident may leave a victim feeling confused and fragile.  So it is no surprise that the chore of looking for a suitable lawyer to take on a personal injury claim seems too much of a hard task.  This is why many people go down the route of Legal Expense Insurance – we are here writing this blog to advise against it.

After an accident, you may be told by your insurer that you have Legal Expense Insurance attached to your policy and this allows you to have legal representation with your personal injury claim at no cost to you.  Now what they say may be true (depending on what agreement you sign), but under most good no win no fee agreements with any good personal injury lawyer, you get representation at no cost to you in any event (again depending on the no win no fee agreement which should be read thoroughly).

Insurers offer this service as it can in allow them to act as a middleman and “sell” your claim to a firm of solicitors by way of a referral fee. In some circumstances, the solicitor your claim is passed over to may simply be the firm paying the highest amount of money to have the case, rather than an independent firm who can provide you with the best service.
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Today I have come across a horrific story involving an 11 year old girl who has had her thigh impaled by spiked chain fencing.  The Herts Advertiser reports that Maisie was on her way home having returned a book to her local library when she tripped and fell and ended up impaling her thigh on a spike.  As a result, the unfortunate Maisie has been left with scar, having had to have eight stitches, and continues to suffer from traumatic nightmares which revisit the accident.  As her GP said, had Maisie have landed on her head or stomach, the results could have been much, much worse.  Maisie, as you can now imagine, is conscious of wearing skirts at school because these scan expose her scarring, and unfortunately other children have a tendency to stare at things a little bit different.

Maisie’s mother is also now seeking compensation on her behalf.  Because Maisie is 11 years old, and therefore cannot be classed as an adult, she is required to have someone to act on her behalf, also known as a Litigation Friend, or to wait until she is 18 to make her claim.  Her mother is seeking compensation from the council because of the injuries suffered by her daughter.  It would appear that it is not clear exactly why the spiked railings were there in the first place, because they seem to just protect a patch of grass.  She therefore wants justification of their use and compensation to place Maisie in the position she would have been in had she not have had the accident and suffered the injuries she did.  At this point in time the local council have not responded and the case continues.

If you, or somebody you know, has had an accident whilst they have been walking about a town or city centre and have subsequently sustained an injury, it may be that they could make a claim for compensation.  Your local council is responsible for all the highways, paths and common areas in your town and city, and owes you a duty of care to ensure that you do not suffer an injury when going about your everyday business.  Here at The Injury Lawyers we have pursued thousands of claims against our clients’ local councils and have been able to obtain substantial sums in compensation for them.  If you feel that you have a potential claim then please ensure you get in contact with a quality personal injury lawyer who can provide you with some free legal advice.

The Bournemouth Echo reports that a cyclist has won £5,000 in compensation having been involved in a cycling accident.  Roger Excell was cycling when he collided with a temporary road sign back in August 2007.  He suffered several muscle injuries to his legs and groin area and tore his tendons.  As such he was unable to walk for several weeks. Mr Excell also took a week off work and required his wife to carry out several household chores and provide him with care and assistance.

It would appear as Mr Excell was making his way to work he hit a temporary road works sign which was obstructing the cycle path he was using.  This occurred despite the fact that Mr Excell had taken several precautions, in particular, he was using a headlamp to ensure that he could clearly see anything in front of him (or so he hoped!)  Fortunately, Mr Excell was also wearing a helmet – it was a good job he was! His helmet cracked into two pieces upon his impact with the ground and he was left unconscious.  We can only imagine that the outcome may have been far, far worse had Mr Excell not been wearing a helmet.

In the court case the judge made it clear to Poole Council, who were responsible for the road works, that they had a duty to ensure users of their highways are safe.  We all know that road works are a part of everyday life.  It seems that wherever we go someone is trying to improve our highways in some way or to make right any problems that have occurred.  To make sure we are aware of these road works, those undertaking them have to clearly warn road users that road works are ahead; to do this, a variety of signs are used as well as traffic lights and lighted barriers.  Although these signs are there to warn road users, the signage must be placed in safe positions so that accidents like that which happened to Mr Excell do not occur.
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STV reports that an employee of the Early Learning Centre has received almost £10,000 in compensation after sustaining an injury having fallen off a ladder at work.  Ms McLachlan was trying to get a toy from a shelf at an Early Learning Centre in Glasgow when she fell off the ladder.  As a result of the accident, Ms McLachlan sustained soft tissue damage to several areas of her body, and had to go to hospital for treatment.  Despite her attendance at hospital, Ms McLachlan still has pain in her back which has rendered her unable to drive or walk long distances without the need for a break.  She has also subsequently had to enlist her daughters to help her with her household chores and the weekly shop.  On this occasion it would seem that the ladder which Ms McLachlan had been using was faulty.  Ms McLachlan sued the Early Learning Centre for breaches of the Working at Height Regulations 2005 as the ladders were unfit for purpose as the legs splayed when she was using them.

Accidents at work happen on a daily basis, and a lot of these occur when employees are working at height.  The Working at Height Regulations 2005 are there to help lower the amount of these types of accidents occurring.  To do this, these regulations set out that all employees who work at height should have there duties properly planned and supervised.  Part of this duty entails that all the equipment that is to be used to help the employee reach the height they need to be at is to be properly checked and certified before its use.

If you are in a trade that frequently uses ladders or scaffolding for instance, and you believe you have had an accident that has resulted from you working at height, please get in touch with a quality personal injury lawyer who can advise you on any potential claim you may have.  If you have been injured whilst working at height, and this injury occurred through no fault of your own and within the last three years, then you may have a potential claim.  Firstly we ask that you report your accident in the accident book at work and seek medical attention.  Then, secondly, get in touch with a specialist injury lawyer who can provide you with some free legal advice.

After a tough winter our highways have been left in somewhat of a state.  The freezing temperatures have meant that potholes are now a common feature on our roads and pavements.  Potholes can be particularly dangerous to road users as some of you may have found out.  Damaging you vehicle is bad enough, but suffering an injury yourself is far worse.  Despite local authorities attempting to deal with the problems caused by potholes, at The Injury Lawyers we are only too aware of the pitfalls of those remaining potholes.  It therefore came as no surprise to learn that a young cyclist suffered a broken jaw as a result of cycling into a pothole.

This is the story of 17 year old Miss Wilkinson who has recently been awarded over £7,000 in compensation having broken her jaw cycling home after work in 2006.  The York Press reports that Miss Wilkinson went flying head over heels over her handlebars after her bicycle wheel went down into a pothole.  In a subsequent court case, the judge found that York Council was liable for her injuries – that is her jaw broken in two places and the trauma resulting from the accident.  This was because York Council, who are responsible for their highways, had failed to carry out their duty to properly maintain their roads and paths.

Your local council has a duty to ensure the safety of its highway users.  In other words, it must maintain its roads so that they are safe to use.  As the judge in this case said himself – ‘The obligation to maintain the highway is a fundamental obligation of very long standing’.  So how can the council do this?  Well, by carrying out regular inspections of their highways.  For example, at least every 6 months, or better still, every 3 months.  Then, should any faults be identified, urgent action be taken to fix them.
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