Road traffic accident compensation
Road Traffic Accident Solicitors
Driving is part of everyday life but there are certain risks attached to driving, mainly that we could suffer an accident on the road. Being involved in a road traffic accident can be a frightening experience for road users, and the injuries that result can vary from mild concussion or whiplash to more serious life-altering injuries.
Attempting to pursue any compensation for injuries sustained as a result of a road traffic accident can be very complicated. Here we provide an overview of the law surrounding road traffic accidents: what options are available when they happen; how to pursue compensation; what evidence is needed to make a successful claim; and how we can help you.
Road Traffic Accident Claim Guide
What can be done if I was involved in a road traffic accident?
Before any action should be taken in respect of a road traffic accident, it is very important to understand the type of accident that has occurred. In the UK, road traffic accidents are classified under two distinct categories: civil and criminal. If you have been a victim of a road traffic offence e.g. dangerous driving, driving without due care and attention or otherwise, these crimes are dealt with by the police.
However accidents that fall under the ‘civil’ category, e.g. suffering a mild concussion or a more severe injury, or your car being damaged, are dealt with differently. These can be pursued by the individual who has suffered harm by way of a personal injury claim.
How do I pursue a personal injury claim following a road traffic accident?
If you are considering pursuing a personal injury claim for a road traffic accident, you will have to be able to demonstrate the following:
- That you were owed a duty of care; and
- More importantly, that having suffered an injury, the duty of care that was owed to you has been breached.
When are you owed a ‘duty of care’?
All road users are obliged by law to take reasonable care when they are on UK roads. This means that if road users do anything, or forget to do something, that they can reasonably foresee as being likely to cause you to suffer harm.
Road users, whether they are drivers, passengers in vehicles or indeed pedestrians must be very careful not to cause danger to other people. In particular, all road users are required to conduct themselves with ordinary care and skill. This is the ‘duty of care’ that they owe.
It is not necessary for the exact moment that an injury was suffered to be established for a personal injury claim to be pursued: all that is required is that a road user’s actions while using the road were likely to cause someone. i.e. you, an injury.
How is the duty of care ‘breached’?
Any attempt to demonstrate that a road user has breached their duty of care must set out how the road user failed to conduct themselves with the ordinary level of care and skill expected of them. Their failure to take the necessary care and skill required by law will be evidence of their negligence: they were required by law to use the roads in a particular way, e.g. not cause injury, and they failed to do so.
The success or failure of a personal injury action for a road traffic accident will almost always depend on whether or not all of the facts have been established. It can be very helpful in demonstrating that a road user had breached their duty of care to others if it can be shown that they failed to comply with the terms of the Highway Code.
At Personal Injury Claims Birmingham Limited, we have many years of experience in pursuing claims for compensation for road traffic accidents. Our expert personal injury solicitors** will be able to discern whether or not you were owed a duty of care, and how best to prove this with a view to achieving the best result for you.
What is the likelihood of receiving compensation following a road traffic accident?
If it can be shown that a road user breached the duty of care that they owed, the next aspect of any claim would understandably be the amount of compensation that can be expected. As a matter of law, everyone that drives on the roads is obliged to have ‘third party insurance’. This is a particular kind of insurance that will provide any compensation that is deemed necessary when a road user causes someone else to suffer an injury.
The value of any compensation that will be awarded will almost always depend on the particular facts of the claim. Generally, ‘third party’ insurance will provide the necessary funds to repair a damaged vehicle or, if the vehicle is severely damaged and beyond repair, the insurance cover will normally provide the value of the car as compensation. Other aspects of an injury, e.g. pain and suffering, can also be included in a claim for compensation, but whether this is likely to be awarded will depend on the facts of your claim.
As personal injury specialists based in and around the Birmingham area, we at Personal Injury Claims Birmingham Limited will handle every aspect of your claim, including any negotiations that relate to the level of compensation that is to be awarded. Our solicitors** will use their knowledge and skill to pursue the highest level of compensation available for your circumstances.
What evidence is needed to pursue a road traffic accident claim?
As mentioned above, there needs to be evidence that a road user breached their duty of care. If you have suffered a road traffic accident, and believe that you are entitled to compensation, you should try and remember everything that happened:
- What was the accident?
- Where did it happen?
- What caused the accident?
- What damage did your vehicle suffer?
- Did you suffer any injury?
- Is there any record of the accident e.g. photographs, driver details etc?
No Win, No Fee* Road Traffic Accident Claims
At Personal Injury Claims Birmingham Limited, we have a great deal of experience in handling personal injury claims for road traffic accidents. We have many years of experience in helping people who have suffered an injury on the roads to secure the compensation that they deserve.
We understand that suffering injury because of someone else’s negligence can cause a great deal of both emotional and physical pain. Our specialist team of advisors will listen to you, and will be able to answer any questions that you have regarding the possibility of raising a claim.
If you have been injured on the road and weren’t to blame our Road Traffic Accident Lawyers can help you claim compensation through our No Win No Fee* service.
Call our Road Traffic Accident solicitors** on
0800 083 8358 or contact us online.
Other related services that we can help you with include: