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September 30, 2012

London 2012 Paralympic Cyclist chances ruined by drink driver!

With the London 2012 Paralympics in the headlines, the sad story of Simon Richardson has pulled at the nations heartstrings.

Simon Richardson is a successful Paralympic cyclist. In August 2011 Simon was out in South Wales riding his bike training for the Paralympics when a farmer collided with Simon with his van and fled the scene. The farmer was later arrested for the incident and was found to be twice over the drink-drive limit.
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By Author
September 27, 2012

Care and Assistance After an Injury.

One of the worst parts about being injured after an accident can be the need to rely on those around you to be able to perform the simplest of everyday activities. This can also not be the most convenient set-up for those helping as sacrifices may have to be made – such as time off work. So can this be included in your claim for compensation? Simply put: Yes!

In your claim we look to recover what are called special damages and these include things such as loss of earnings, medical expenses, travel expenses and the subject at hand – care and assistance.

A common miss-conception is that only professional care and assistance can be recovered; but help from family and friends is also recoverable.
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By Author
September 27, 2012

Vehicle Stopped Suddenly Causing Accident

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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By Author
September 27, 2012

What are Moderate Whiplash Symptoms

Well to start, what is whiplash? Whiplash is an injury that affects the neck, back, and shoulders (commonly). The actual whiplash injury is caused by the soft tissue in the neck back and shoulders being stretched and strained after a sudden jolt or movement. Whiplash can occur in slips and trips but is mainly an injury which results from a road traffic accident.

Some whiplash injuries are quite minor and resolve in a matter of weeks – however client’s with moderate whiplash symptoms can be suffering for a lot longer than this. A lot of people see whiplash as a minor injury but whiplash can be severely debilitating.

Client’s with moderate whiplash symptoms are significantly restricted in their movement and experience constant pain and stiffness for quite some time. This type of whiplash injury can result in cervical discs or nerve roots being damaged and even fractures in the neck. This can result in surgery being necessary to rectify this damage.
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By Author
September 26, 2012

Accident During Driving Lesson Who is Negligent?

Turning 17, these days, just means one thing – you can now learn to drive! The independence, the freedom, and the confidence that can come with driving makes learning to drive one of the most beneficial things to do. As a driver myself, I often say to people who are looking to start learning that it will be the best thing they ever invest time and money in.

The requirements of learning to drive are quite simple:

  • You must hold a provisional driving licence
  • You must be supervised when driving by a driving instructor or someone over the age of 21 who has held a full driving license for at least 3 years
  • You must display “L” plates

Your driving instructor or supervisor has a duty to ensure that you are driving in a safe manner and therefore learner drivers should feel in safe hands when learning to drive: but the person sitting next to you in the car is not normally the problem.
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By Author
September 25, 2012

Pedestrian Crossing Road Accident Law

As a pedestrian, a motor vehicle is a dangerous piece of machinery. The consequences are often devastating when a pedestrian and a vehicle come together in an accident.

Placing fault for an accident involving a pedestrian and a vehicle often depends on the individual circumstances. The main questions to be asked would be what was the speed of the vehicle? When or how quickly did the pedestrian step into the road? And was the driver aware of their surroundings?

Even though a pedestrian could step out suddenly, not giving the vehicle time to react, the law is very pedestrian friendly. With that I mean that the law seems to be built around placing the blame or most of it, on the motorist.
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By Author
September 25, 2012

Accident advice for Motorbike overtaking stationary traffic

The ability to overtake stationary traffic and skip to the front has got to be one of the most beneficial aspects of riding a motorcycle. I know I would love to do this on my way to work some mornings!

However, it can be fraught with hazards due to other road users or even the carelessness of the rider. The main reason for this would be that drivers of vans, cars and lorries can fail to check their mirrors and surroundings properly before making a manoeuvre. Obviously as a motorcyclist you are more difficult to detect in traffic; however other road users checking properly, and not just glancing, can avoid accidents.

Unfortunately people can look but not see or register what is there and this is one of the main causes of accidents for people riding motorcycles. The most common circumstance, involving motorcyclists, is that of a motorcyclist overtaking stationary traffic and a vehicle pulls out of the line of traffic to turn or to change lanes.
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By Author
September 25, 2012

Road Traffic Accident Compensation Solicitors

Being involved in a road traffic accident is not a very nice experience. If you have sustained injury as a result of a road traffic accident which was not your fault then you may be entitled to make a claim for compensation.

Road traffic accidents can occur in many different circumstances.

I am not surprised by the number of road traffic accidents, just drive during the rush hour and you can see why there are so many accidents on Britain’s roads. Most days I see people driving while on a mobile phone, driving too fast or driving too close to the car in front. It is maddening when you see this kind of driving behaviour. It is easy to become annoyed and this can make the situation worse as you should be calm and attentive while driving.

Typical accidents include rear end shunts and accidents at roundabouts. Accidents can also be caused as a result of vehicles changing lanes. Road traffic accidents can of course be fatal. You can bring a claim whether you were the driver of a vehicle or a passenger. In fact if you were a passenger then it could be said that it is more straightforward as it is difficult to see how a passenger could ever be at fault for a road traffic accident.
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By Editor
workplace injury claims
September 21, 2012

Quantum of a personal injury claim

So what does the term quantum actually mean? Quantum in law essentially means value. Every day we get asked questions along the lines of “How much compensation will I receive?” and “What’s the value of my claim?”

The first point to note is that it’s impossible to value a claim at the outset – any value given by Solicitors at this stage is an approximate – for example if your injury sounds like a general whiplash injury you may hear figures of £1,500 to £2,000 being talked about.

However, in reality, it’s impossible to properly value a claim at the outset as the value of a claim depends on the injuries sustained and the effect of the injuries on the Claimant’s life.
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By Editor
September 21, 2012

How Contributory Negligence is Determined

Contributory negligence can be explained by a hypothetical scenario. Say Joe Bloggs sustained an accident at work whereby he caught his hand in machinery which should have been turned off but the off switch had jammed. Say it came to light that Joe Bloggs forgot to put down the safety screen which was company practice even if the machinery was turned off.

Joe Bloggs may still be able to recover compensation but in this scenario it is likely that the Defendant (i.e. the employer) would allege an amount of contributory negligence as it was Joe Bloggs who failed to put down the safety screen.

It could still be argued that it was not a safe system of work and that the machinery or the off switch was defective causing the accident. The Defendant may argue that Joe Bloggs was partly at fault for his own accident. Contributory negligence is often dealt with in terms of a percentage. The Defendant may argue that Joe Bloggs is 90% at fault for the accident whereas Joe Bloggs himself may suggest that his actions or failure to put down the safety screen meant he was 20% at fault for the accident. You can see that it all depends on the circumstances of the particular case.
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By Editor
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