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November 25, 2012

Drunken Pedestrians Fault Road Traffic Accident

Walking round the town centre on a Friday or Saturday night, you can see why drunken pedestrians get involved in accidents. There is often no regard for the vehicles on the road and a lot of the time the pedestrians are just stepping out into the roads.

If a drunken pedestrian is involved in an accident, although the courts normally favour pedestrians in road traffic accidents, it is not likely that a claim for negligence against the driver will be successful.

There is a recent case in law that highlights this; Stewart v Glaze 2009. In this case Mr Stewart was sitting at a bus stop with his friend having been out drinking. Mr Stewart had consumed around 5-7 pints and was drunk. Mr Glaze was driving on the road towards the bus stop when Mr Stewart ran into the road which resulted in a collision with Mr Glaze’s vehicle. Mr Stewart suffered severe head injuries and was left in a vegetative state. The Judge held that Mr Glaze was not negligent in this case. There was no evidence to suggest that he was not driving carefully and that it was unreasonable to say that Mr Glaze should have seen Mr Stewart at the precise moment he decided to charge into the road. On the facts of this case, there was absolutely no reason to find that Glaze had been negligent.
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November 25, 2012

Car in Wrong Lane for Exit on Roundabout Accident

Roundabouts can be huge and complicate or small on simple; but on occasions either can still be very confusing to motorists. This means that accidents on roundabouts are one of the most common types of road traffic accidents we deal with here at The Injury Lawyers.

The situation we are dealing with in this blog is when a vehicle is in the wrong lane for the exit off the roundabout; which happens more than you might think.
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November 21, 2012

The Economic Climate and Compensation Claims

The economic climate does have an impact on compensation claims and this area has been covered in the news on many occasions. Some say that work accident compensation claims are becoming more frequent due to the economic climate.

The argument is that, as businesses look for bigger profits, they will often leave their employees with greater exposure to health and safety risks. Another point is that people may be more inclined to bring a claim for compensation if they sustain injury. If the economy was better and people were more content with the money they were earning, it could be said that they would be less likely to bring a compensation claim.

Obviously if you sustain injury at work for example, then it is your right to bring a compensation claim. Whether you exercise the right to claim is entirely a personal choice.
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By Editor
November 21, 2012

Pulling out of a side road – case law

There are lots and lots of things to consider in a case involving a vehicle pulling out of a side road and therefore I will only be able to provide a few ideas of the sort of situations that crop up regularly.

First of all, The Highway Code: What does this say about emerging from a side/minor road onto a main road?

  • Wait until there is a safe gap between you and any oncoming vehicle.
  • Watch out for cyclists, motorcyclists, pedestrians and other road users.
  • Check mirrors and blind spot again to ensure you are not being overtaken and then make the turn.
  • Do not cut the corner

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By Author
November 21, 2012

Injured by a Stolen Car

Being involved in any road traffic accident can cause stress, anger and inconvenience no matter how minor the accident may be. But being involved in an accident with a stolen uninsured vehicle makes the situation even worse.

I imagine being involved in a collision with a stolen vehicle is not a pleasant experience for anyone. There is the constant worry and concern about what you will do. Well to put your mind at rest, there is still action that you can take if you have been involved in a collision with a stolen uninsured vehicle.
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By Editor
November 21, 2012

Best Personal Injury Lawyers UK

We understand that there is ALLOT of competition out there when it comes to personal injury solicitors. However, we have focused primarily on what we think is the most important aspect of any personal injury claim – YOU. We have ensured that our primary focus is ensuring that you, the client, receive the best service possible to ensure your personal injury claim is straightforward, quick and successful!

We are a genuine law firm who specialise and deal only with injury law so we consider ourselves experts in the field. The reason I say GENUINE is that there are some personal injury ‘firms’ out there that are claims management companies rather than actual solicitors – they will take the details of your claim and sell it across to a solicitor for a tidy referral fee.

To us this seems a bizarre way to pursue a claim, as surely you would want to ensure that the solicitor running your case is one you are comfortable with – not one that has just been picked for you. We see claims as a 3 stage process:
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By Author
November 19, 2012

Work to Public Highways Negligence

The New Roads & Street Works Act 1991, which came into force on the 1st January 1993, stipulates that the street authorities (i.e. usually the local council) are to co-ordinate all works in the highway.

The objectives of the Act (or law) is to ensure safety, to minimise the inconvenience to people using the highway (including a specific reference to people with a disability) and to protect the structure of the highway and apparatus in it.

Anyone carrying out street works must carry out the work in accordance with the Act. People carrying out work are referred to as “undertakers” in the Act. Undertakers must comply with the Safety at street works and road works code of practice (more commonly known as the red book).
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By Editor
November 19, 2012

3 Months off Work with Whiplash

With a whiplash injury, you can often be left with limited movement which means that a lot of the time you have to have time off work. This is usually a few weeks until the acute stage of your injury has settled down.

However, for some, the whiplash injury can be more serious and result in a long time off work. Whiplash injuries vary from mild, to moderate, and severe; and they can affect people in very different ways.

Most whiplash sufferers are able to manage to go to work after a couple of weeks though the use of painkillers, heat rubs and heat pads etc but some are left debilitated and will need therapy, injections and sometimes even surgery in order to help them on their way to recovery. Therefore a longer period of time away from work is necessary.
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By Author
November 19, 2012

Do you Accept Second Offer for Whiplash Claim?

The amount of times I have received calls from clients saying “I don’t want to accept the first or second offer, I have been told to always accept the third” is ridiculous and quite honestly I am boggled as to where this “pearl of wisdom” has come from – because quite frankly it is utter rubbish!

Your whiplash claim will be valued based on medical evidence. An independent medical expert will be instructed in order to review you and provide a report and opinion on how long you are likely to be suffering with your injuries. This is the main aspect of valuing your injury.

The value of your injury will be placed in a bracket. For example: £1500 – £1750. This means that your claim is worth £1500 at the minimum and £1750 aat the maximum, according to the brackets.
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November 19, 2012

Solicitors Specialising in Accidents in Supermarkets

Supermarkets can be dangerous places – so it would seem by the number of personal injury claims brought as a result of accidents in supermarkets. Not wanting to put people off going to the supermarket, accidents can happen anywhere at any place or time – not just in supermarkets.

Due to the number of people in a supermarkets and the number of potential hazards, accidents are bound to happen on occasion. So what type of accidents can happen in a supermarket?

The most obvious type of accident in a supermarket is when people slip on something that has been left on the floor. Perhaps something has been spilt on the floor such as a liquid drink or some other product which causes a slipping hazard for unsuspecting shoppers. Obviously as soon as a spill occurs the store should bring people’s attention to the hazard, by erecting a wet floor sign for example. However if no wet floor sign is erected then it is likely that shoppers are not aware of the hazard and in this scenario it could be difficult for the store to escape liability if they can prove their systems of inspection are up to standards.
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By Editor
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