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August 29, 2012

Passenger in a Vehicle Driven by a Drunk Driver Can I Claim?

Although it is never a good idea to get in a vehicle when the driver has been drinking, it does not mean that you cannot make a claim for personal injury if the trip ends in an accident – and let’s be honest, this is more likely than not.

The normal guideline is that as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded.

However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.
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By Author
August 29, 2012

Hit from behind car accident claims

Slowing down, stopping and emergency braking can be hazardous to road users, simply because of the fact that the driver behind could be following too closely or not paying enough attention to what is in front of their vehicle.

The gap between vehicles travelling in average conditions should be at least 2 seconds according to guidelines. This should be enough time for the driver behind to see the brake lights and begin to slow and stop themselves.

The amount of road accident claims that we receive here at The Injury Lawyers involving vehicles being hit from behind, tells us that a very significant number of drivers do NOT follow the two-second rule!
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By Author
August 21, 2012

A Rise in Deaths of 18-25 Year Old Drivers

Last month the Government has been advised by the Transport Select Committed that there has been a rise in fatal deaths from road traffic accidents for people aged 18-25 years old. This has been the first increase of death in over 10 years and has therefore put the issue in the media.

Fatal road traffic accidents are the main killer amongst the 16-24 year old bracket. The rise of deaths has been shocking – an increase of 12% in pedestrians and a rise of 6% of cyclists and motorcyclists.

The rise in figures has been blamed on the current Government for scrapping the national targets and comments have gone so far as to say that the Government is not dealing with road safety as a top priority.  As a result of these comments the Government has announced that they will publish their road safety strategy later this year.
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By Author
August 15, 2012

Uninsured Drivers & MIB Claims

As insurance policies become more expensive, more drivers are likely to take to the road without insurance. Although I understand that sometimes the insurance is just too much to pay, what some of these drivers fail to realise is that uninsured drivers are one of the main culprits for pushing up insurance premiums in the first place – aside from the fact that it is illegal!

If more motorists are driving without insurance then surely that means more people will be involved in a Road Traffic Accident with an uninsured driver? The answer is yes – Here at The Injury Lawyers, we have seen an increase in the number of client’s coming to us to request advice about claiming for injuries they have sustained at the hand of an uninsured driver.

Most client’s do not believe you can make a claim for compensation against an uninsured driver –the great news is that you can.
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By Author
August 15, 2012

Work Related Traffic Accidents

When your job includes driving, you can be driving anything from a car, a van, a lorry, or some form or machinery or equipment – like a forklift truck for example. If the vehicle is owned by your employer then your employer should take out insurance on the vehicle which will also cover you as the driver in the event of an accident. It’s also their responsibility to maintain the vehicle as well.

As the vehicle will be used for work and business, the insurance policy is normally different to that of everyday motorists. Vehicles owned and used by companies are normally insured under what is called a ‘fleet policy’ which will usually cover all the vehicles owned and used by the company.

Now, normally Road Traffic Accidents usually involve the collision of vehicles and therefore a claim for personal injury will be made against the at fault party’s insurer. However, not all Road Traffic Accidents do involve other vehicles and an accident can often be caused by the employer’s failure to maintain a vehicle.
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By Author
August 06, 2012

Road Traffic Accident Solicitors

There are many Solicitors firms who deal with claims for compensation following road traffic accidents.

If you have been injured as a result of a road traffic accident and you are considering making a claim for compensation then you have a wide choice of Solicitors firm’s to choose from.

Here at The Injury Lawyers we specialise solely in personal injury claims. Road traffic accidents are a huge market for personal injury lawyers and, although competition is tough, we believe that we offer an excellent service to our clients to overcome the competition.
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By Editor
July 25, 2012

Pedestrian Claims

As a pedestrian you can be in danger of being involved in a very serious accident. Motor vehicles are lethal weapons to pedestrians and therefore motor vehicle users must take extra care to avoid injuring pedestrians.

The Highway Code has guidelines for pedestrians which include using pavements if provided, keeping to the right hand side of the road so that you are able to see oncoming traffic if there is no pavement available, and also wearing something light coloured or bright if daylight conditions are poor.

Of course, pedestrians can still be injured even when adhering to these guidelines, as motorists can sometimes be careless.
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By Author
July 09, 2012

Actuarial Profession Report confirms a rise in personal injury cases despite a fall in Road Traffic Accidents.

The issue of road traffic accident claims has hit the news again this week with reports that there has been a fall of 11% in road traffic accident Claims but yet an 18% increase in personal injury claims arising from a road traffic accident.

It has been suggested that the reason for the decrease in road traffic accidents in the reduction in people using their vehicles as transport due to the high increase in petrol.  However the reason for the increase of claims has resulted in blame on the Solicitors who deal with ‘no win no fee’ claims.

The suggestion that Solicitors are to blame has gone so far that Mr Ken Clarke, Justice Secretary, is proposing that success fees for solicitors are abolished. A success fee is a simple as its name – if a Solicitor is successful in the claim the Defendant has to pay a fee to the Solicitors for their success of the claim. This is designed to take the weight of losses from claims that do not win and have to be ceased on a No Win, No Fee basis for the client.
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By Author
July 06, 2012

Cycle and Bicycle Accidents

So, you are a cyclist, you are doing your bit for the environment whilst keeping fit at the same time, so why oh why did that car have to smack into you!?

Road traffic accidents between cyclists and motor vehicles are unfortunately very common, and guess who comes off worse? It’s a bit of a daft rhetorical question to be honest…

As a cyclist you are one of the most vulnerable road users and can be seriously injured if involved in a road traffic accident with a motor vehicle. After all, the only real protection you have is a helmet or some shin and elbow guards.
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By Author
July 06, 2012

Bus (Public Service Vehicle) Accidents

The duty of a bus driver to its passengers is the same as any other driver to their passengers – they have a responsibility to ensure that passengers are not injured due to any negligence on their behalf.

One common form of accident on buses are caused by the driver performing an emergency stop or braking too harshly. Passengers are generally thrown around on the bus as a result of this and this can cause personal injury, particularly when the passengers are stood on the bus waiting to get off at the next bus stop.

Another common circumstance is that of buses pulling away from the bus stop before passengers have had chance to sit down. Although there is no specific duty on a bus driver to ensure that all passengers are seated prior to pulling away, they must take reasonable care to ensure that injury is not caused by pulling away too quickly or abruptly. Also, due consideration must be given if the passengers are identified as being specifically at risk of injury by pulling away before they are seated. For example, elderly people may be less likely to be able to keep their balance whilst the bus was pulling away than a younger person would be.
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By Author
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