We deal with all types of personal injury claims and we are often asked about likely time scales for settlement. After you have been medically examined the medical expert will prepare a detailed medical report. Some cases may be brought to settlement shortly after obtaining medical evidence whereas other cases could drag out for some time.

In this blog I will attempt to explain why some cases will still take some time to settle. We always try to progress a claim as quickly and effectively as possible. In addition we try to recover you the maximum amount of compensation that you deserve.
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When driving a motor vehicle, whether the motor vehicle is a car, lorry, truck, motorbike etc – you owe a duty of care to other drivers and also to pedestrians. Equally, pedestrians owe a duty of care to motorists, albeit to a lesser extent. The standard of care is that of a reasonable, competent and experienced driver. Even a learner driver is subject to the same standard of care as a driver with a full license and experience.

Giving a lower standard of care would have been a risky move by the Courts, as we have to think about other areas, such as trainee doctors etc. The standard of care is to a competent and experienced driver (or a competent and experienced doctor). However with learners and trainees other measures are of course taken such as monitoring and in the case of learner drivers, the driving instructor ordinarily has foot controls so that he or she can intervene if absolutely necessary.
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If you have sustained injury as a result of a pothole in the workplace then you may be entitled to claim compensation. Of course we deal with many claims in relation to potholes but many are in relation to accidents on the street in a public place. The difference is that if you trip or sustain injury due to a pothole in a public place then the council are probably the authority responsible. If you trip or sustain injury due to a pothole in the workplace, such as in the works yard, then any claim would be against the employer if the land is owned by them. If the land is rented then it could be the landlord’s responsibility. But usually it would be the employer’s responsibility to ensure the land is safe and to ensure workers are not injured as a result of any defect (such as a pothole for example).

When we are talking about the workplace, The Workplace (Health, Safety and Welfare) Regulations 1992 apply. These regulations do contain a specific part in relation to the organisation of traffic routes. The regulations state:
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The building industry can be a dangerous place to work and many workers in this industry are contract workers meaning that they work on numerous sites from week-to-week which they may not necessarily be familiar with. When builders are contracted to work on a particular site they must adhere to the health and safety rules and procedures on that site.

For example, builders may be responsible for making sure any scaffolding erected is safe. There is also a responsibility to keep tools and equipment out of traffic routes where they may cause obstruction for other people to trip on – whether it’s a colleague or a member of the public. When working on site there may be other firms of contractors on site or other workers who work at that particular site on a permanent basis. This is why contractors are required to have an induction and health and safety briefing before commencing work.
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A concertina collision is a collision commonly involving three or more vehicles in which one vehicle shunts in to another with such a force that the same vehicle is in turn forced into the one in front. It isn’t a scenario where Car 1 hits Car 2, and then Car 2 Hits Car 3 – it’s a collision where the force of being hit in the rear causes a vehicle to be pushed in to one in front.

Therefore, generally speaking, if you are the front or middle vehicle, you shouldn’t be at fault. As the middle vehicle, if you are stationary and you are hit in the rear and in turn pushed in to a car in front, you are not at fault. Your stationary vehicle has been pushed in to another – the driver that hit you is liable for damages for both you and the vehicle you have been forced in to.
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If you go to a public place like a supermarket or a bar, restaurant, or a shop, the occupiers of the premises have an important duty under the Occupiers Liability Act to take all reasonable steps to look after your health and safety as a visitor to their premises. When it comes to slipping hazards, this is generally achieved by having a system of inspection and maintenance which aims to reduce the risk of someone slipping on a wet floor hazard.

Claims under the Occupiers Liability Act are inherently difficult to win because most places nowadays do uphold their duty to take all reasonable steps. As I said earlier, a system of inspection and maintenance can be classed as taking reasonable steps.
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Just this week I wrote about almost being in an accident when a driver cut me up on the exit of a roundabout. Last night the same sort of thing happened – but more to do with the wet weather. So I thought I’d do a quick blog about compensation claims and wet weather.

All drivers ought to know that extra care needs to be taken during periods of wet weather. The road surface is slippery and water may have accumulated in puddles or fords which pose a serious risk of skidding or aquaplaning, losing control, and crashing. A driver cannot really use the excuse that of ‘the weather’ to defend a claim – if a driver fails to stop due to skidding or losing control of the vehicle in wet weather and hits you, they are still at fault.

Last night a driver decided to cut me up and change lanes in front of me to avoid a ford that had accumulated in the road in his lane – he obviously didn’t realise that, firstly, I was there, and secondly, the water was in my lane anyway! So when I had to almost slam my brakes on and completely lost all vision as his car kicked up a tidal wave that covered my entire windscreen reducing my vision to literally nothing (it was like being in a car wash), I think avoidance of a collision was left to fate.
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How much are you entitled to claim for if you sustain injury to your knee? Well it all depends on the nature and severity of the injury. When it comes to knees, they can range from a simple twist and strain that leaves you uncomfortable and limping for a few weeks, to ligament ruptures requiring surgical reconstruction and a permanent weakness. It really all does come down to the nature of the injury.

The only way to properly value a knee injury compensation claim is to instruct an expert lawyer and see a suitable expert for a medico-legal appointment. A report from the appointment will then be used by the lawyers to value the injury.

But in the meantime, here is a little guidance based on the official guidelines that are used to value knee injury claims:
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I’m going to discuss the duty your employer has when it comes to working in an environment where a wet floor is common in the workplace.

Say you work in a car wash, or a water plant, or somewhere where the floor is likely to be wet. If this is the case, then can you claim for compensation for slippingon a wet floor at work?

After all, if the floor is wet because of the nature of the business, what can your employer do to prevent an accident occurring? For that answer, we turn to the relevant legislation…
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Roundabouts are natural hotspots for accidents. Even the most confident of drivers can struggle with staying in the correct lane on a roundabout they’re not familiar with, and drivers also have a tendency to join a roundabout without correctly checking for oncoming traffic.

The major problem with roundabout accidents is that, on occasions, it can be difficult to tell exactly who is at fault. If someone goes in to the back of you on the entrance to a roundabout, or someone pulls out on you whilst you were already on the roundabout, the other driver should be at fault. But what about if the other diver changes lanes on a multi-lane roundabout and hits your vehicle? Or what if you go in to the back of someone because they sharply pull across you and cut you up?

In these circumstances, you may need to rely upon any of the following to prove your case:
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