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With the ever increasing number of vehicles on the roads, the most vulnerable road users are more and more at risk. Some of the most vulnerable are probably motorcyclists, and often, when involved in a road traffic accident, their injuries can often be serious and very painful.

It is important to remember that compensation should be sought not just for personal injury, but also for related losses.

We are aware that riding a motorcycle is an expensive form of transport, and accidents could result in damage to the rider, the motorcycle itself, and the rider’s safety equipment, such as Helmets, which should always be replaced if they are damaged in an accident, and leathers, which are often invaluable in providing protection against additional injuries which could be incurred in an accident.
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Had an accident and suffered an injury through no fault of your own? Here’s a quick step by step guide as to what you need to do to make sure you have the best chance at making a successful claim for compensation.

Do you have a claim?

If you have been injured through no fault of your own, you might have a claim for compensation if there is someone else, or some company, responsible for what has happened to you. Give us a call on our free claims helpline on 0800 634 75 75 and we can usually assess your claim in minutes of the call starting.
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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.
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When clients approach us about making a whiplash claim, the most common question asked is usually “How much am I likely to get?” However, if you are still suffering with your injury it is very difficult to calculate how much you would be entitled to receive without obtaining accurate medical evidence.

Therefore, here at The Injury Lawyers, we obtain medical evidence on all cases so that we can accurately determine the amount of compensation you are entitled to.

You will attend an examination with a medical expert and they will provide us with a report which details your injuries and the time you are likely to be suffering for. This is called the prognosis and is what your injury claim will be valued on.
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This is something that we will all be familiar with due to this sort of topic being highlighted on TV. Reckless driving incidents are unfortunately becoming a daily occurrence with the most common victims being children and the outcome is often devastating.

I am sure you all remember the horrid accident in Leeds involving 10 year old Sabah Saleem who was crossing a road with her 3 year old brother Rayhan Saleem when they were run over in the middle of the road by a speeding vehicle, which, unbelievably, did not stop at the scene and sped away leaving both children for dead in the middle of the road.

Brave Sabah actually took the brunt of the impact in order to protect her little brother and therefore was in a more serious condition that her brother – however luckily they both recovered well.
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Neck injuries caused by a car accident can be quite severe – but can you make a claim for compensation when you already had a neck injury which the accident has made worse? Well the answer is yes. To be honest, the number of clients we already have which are suffering from some sort of pre-existing injury or condition is significantly high.

The key to a successful compensation claim when a previous neck injury has been aggravated by an accident which wasn’t your fault is medical evidence. Here at The Injury Lawyers, we would arrange for you to be examined by an independent medical expert, the type of expert will depend on the type of injury and also the type of pre-existing injury or condition you are suffering from.
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First of all, whiplash is an injury to the neck which is caused by the soft tissue in the neck being stretched and strained after a sudden jolt or movement. It is not just confined to the neck, it can affect the shoulders, back, arms and hands and most of the time can result in headaches.

Therefore, if you are travelling in a vehicle which has unluckily driven into/over a pot hole (and let’s face it, some of them at the moment are large enough to get stuck in), then the jolting movement of the vehicle can jolt your body and more importantly your neck.
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Section 41 of the Highways Act 1980 places a duty on the local authority to maintain the highway. The effect of this, is that councils and local authorities, have a duty to keep public highways in a reasonable state of repair and free from dangerous defects. If the local authority fails in their duty and a member of the public is injured as a result, then that injured party may be able to bring a claim.

The cost of maintaining the highway is paid for out of the public purse, and therefore the local authority only have finite resources each year to pay for the reparation of defects that occur. Indeed, these restrictions were acknowledged in the case of Mills and Barnsley Metropolitan Borough Council 1992 where the Court of Appeal opined that…
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In order to recover damages in any personal injury claim, you must be able to prove that someone else was legally at fault for the accident.

Fault in this sense means that someone was careless, reckless or negligent as to cause an accident.

In personal injury claims, the person who is considered fault is referred to as the Defendant.
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Most of the time, if a vehicle has collided into the rear of your vehicle then they will be at fault. These types of accidents are the most common type and are known to us in the business as rear end shunts.

However, sometimes it is possible that the driver that has been hit will be at fault for the accident. I know it does sound ridiculous given that you have no control over the actions of the driver behind – but if you have made a sudden or emergency stop, and this was done for no apparent or sufficient reason, then you could be liable for the accident.

So when is it reasonable to brake or stop suddenly?

Well the answer is that the law is unfortunately not too clear on this subject and therefore each case is assessed on the individual circumstances.
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