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The phrase road traffic accidents tends to conjure up thoughts predominantly about car crashes and other such incidents involving moving vehicles; however the first 33 paragraphs of the highway code, the main guidance for what care should be taken on roads, relate to the rights and duties of pedestrians. So where do you stand if you are injured by a motor vehicle as a pedestrian?

Well of course, there are several circumstances that can be covered by this heading – as there are many different ways which a pedestrian could come to be injured by a vehicle so let’s break these down:
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Overtaking can sometimes be a cause of frustration, whether it is you overtaking another vehicle or another vehicle overtaking you. Overtaking can of course be dangerous if performed when it is not safe to do so. However we all probably accept that overtaking is necessary on occasion.

For example I recently visited the coast which involved travelling on a number of one lane “A” roads. It is normal for a long queue of traffic to form behind a slow moving vehicle such as a lorry, a tractor or a car towing a caravan. Usually at the first available opportunity cars will look to overtake the slow moving vehicle. However you always seem to witness cars overtaking dangerously such as when they cannot possibly see any oncoming vehicles. You should only perform an overtake manoeuvre when you are certain that you have enough time to perform the manoeuvre safely. This means that you ought to be able to see a long stretch of road and that nothing is approaching in the opposite direction.
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Motorcycle accidents will often result in fairly serious injuries being sustained by the rider. We’re more than used to dealing with the devastating effects of these types of accident as we actually specialise in representing victims making a claim after a motorbike accident. From the first day when we speak to you or see you at home or hospital, to the day we settle the claim, we’re here every step of the way.

So I thought I’d write a little blog about contributory negligence in motorbike personal injury compensation claims.

Contributory negligence is an allegation from the defending side of a claim that you are partly responsible for the accident or your injuries. By this point, they will normally have admitted liability, but will be suggesting that they are perhaps 80% to blame and you are 20% to blame. As such, any compensation you receive will be reduced by the percentage of blame that is apportioned to you.
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It is common for accidents to occur on roundabouts, but it is sometimes difficult to determine who is at fault. Accidents can occur on roundabouts due to drivers failing to look properly when approaching traffic, speeding, failing to get into the correct lane or by sudden braking.

The Highway Code can be used as a guide to help see who is liable for a roundabout accident, as it sets out the ‘rules of the road‘.

The Highway Code (184 – 187) sets out how to approach and drive on a roundabout, and also gives a warning to drivers as to what to be aware of.

According to the Highway Code, when approaching a roundabout, a driver should be travelling at slow speed, checking all road markings and must be aware of all other road users.
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A Concertina Collision is defined as ‘a collision in which vehicle after vehicle hits the one ahead in a sequence of events, triggered by the first car crash‘. Basically, to summarise a concertina collision is an accident involving 3 more or cars, with the first car bumping into the second and forcing it into the one in front, and so on, with a domino type effect.  The collisions often happen very quickly and those driving towards the accident are often unable to slow down in time to avoid further collisions.

Concertina collisions are common in heavy traffic, with someone causing an accident at the back of the traffic, which radiates down the line of traffic. Obviously, if a concertina collision occurred on a motorway, it could be much more serious, as drivers would be unable to stop due to the high speed they were driving at.

Common injuries arising from Concertina Collisions are whiplash and back injuries – which can often be made worse if there are several impacts.
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Pre-Action Protocol for low value injury claims from road traffic accidents was brought in on the 30^th April 2010. The Pre-Action Protocol applies to all low value injury claims, which will bring around £1,000 to £10,000.  All general damages will be considered with regards to any pain, suffering and loss of amenity, but the protocol is not to be used if the damages awarded are going to be over £10,000.

The Protocol sets out what is expected of claimants and defendants at the start of proceedings where damages are being claimed because of a personal injury sustained from a road traffic accident. The premise of the Pre–Action Protocol being introduced is that it will encourage more contact between parties, with information being fully exchanged between them.

The introduction of the Protocol was also designed to allow claims to be run more efficiently, as cases are encouraged to settle earlier and therefore to be dealt with in a more efficient and quick manner. A reason being for this is that it allows for early notification of any road traffic accidents, and allows the insurer and defendant to be notified early on that a claim is being brought against them.
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Whiplash is in an injury to the neck which has normally been caused by a sudden movement. That forceful and sudden movement caused damage to the tendons and ligaments within the neck, resulting in potentially severe pain and discomfort.

Whiplash normally takes 6-12 hours to develop and takes time to become evident. The symptoms suffered usually worsen after the incident and they may continue to get worse for several days or weeks. Whiplash is normally a short–lived condition, and it is uncommon that the symptoms would last longer than 6 months.

Chronic whiplash is often used as a term when whiplash is suffered for a period of 6 months or more; even spanning over years. Chronic whiplash can be a cause of severe pain and may require a course of painkillers or even physiotherapy.
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Personally, I can’t tolerate people who drink and drive. There is a very good reason why drinking and driving is illegal – intoxicating substances impair our judgement, and being behind the wheel whilst drunk is like a child running round with a knife. We see it all too often in the news when a person is badly hurt or killed because a driver loses control of their vehicle and causes an incident.

So what happens if you are the unfortunate victim of a drunk driver who has not only caused you a loss by mixing alcohol with driving, but also happens to have no insurance? It’s a lot more common than you might think. This dangerous combination though does not stop you making a claim for personal injury compensation.
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We take on a lot of personal injury compensation claims due to manhole covers being missing or defective. You can end up with some fairly serious injuries from falling due to a manhole cover. But what about manhole covers that cause an accident in the road whilst you are driving?

Generally speaking, the same rules apply. There is a duty on whoever is responsible for the manhole to ensure it is safe. It will commonly either fall as part of the responsibility of the local Highways Agency or of a utilities company.

If you hit an open manhole when driving, you can easily end up injured. The sheer force of the wheel dropping in and being forced back out of the open hole is likely to cause a jolt significant enough to leave you with a whiplash injury. At the same time, our natural instinct is to brake hard when something sudden like this happens, and that might not help. You could also face significant vehicle damages – the bumper could be ripped off, suspension shot, wheel and tyre damage, or even serious underside damage if the undercarriage bottoms out.
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A head on collision is normally pretty serious. The force of the impact can be high enough to result in fatalities. If you’re lucky enough to survive, the injuries can be fairly severe. So what about liability when it comes to who is at fault for these accidents?

On occasions, proving exactly who is at fault for a head on collision can be very difficult. Deductive logic says that someone must have been on the wrong side of the road if it was head on accident on a straight road. If there are witnesses or CCTV, we can use this as evidence to prove who is at fault.

If it’s one word against another, it will likely be more difficult to prove. We could instruct an expert engineer / mechanic to assess the vehicle damage and perhaps from their findings be able to work out who was at fault. The police need to be in attendance as this may help if they need to investigate the incident.
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