Every year our team of Road Traffic Accident Specialists help hundreds of people who have suffered injury as a result of a vehicle collision. Injuries can range from a mild soft tissue injury to a serious head and spinal injury, which can have life changing effects.
If you have had an accident whilst driving, however minor, you must stop and provide your name, address and contact numbers to the other parties involved. Failing to stop is an offence under the Road Traffic Act. Ask the other driver for their insurance details and try to confirm if they are the registered keeper of the vehicle. Take details of the Vehicle Registration Number and make and model of the vehicle and write down the date and time of the accident. If there are any witnesses ask if you can take their details to pass on to the police. Some people find it useful to take pictures of the vehicle and the damaged caused as evidence. We would also recommend that you check if anyone has been injured and telephone the emergency services if there are indications of serious injury. We would also recommend that if your vehicle is blocking the road the police should be called as soon as possible. Most car insurers specify in their policy that after an accident it must be reported to them within 48 hours. Check the wording of your policy as if you fail to report the accident within the time period the insurer may not cover you for any accident claims or vehicle damage claims.
Drivers of vehicles have a duty of care to other road users. They must take reasonable care to avoid causing any damage to other users on the road. The driver should also anticipate that other drivers or persons on the highway (Pedestrians, Cyclists, Mobility Scooters) may not show this standard of skill, experience or care. These inexperienced drivers will not receive any special treatment for their lack of skills and will be judge by the same standard of more experienced road users.
As well as car drivers we also can help van drivers, lorry drivers, taxi drivers and bus drivers. If you are employed as a driver you are likely to spend more time on the road than the average person. This will unfortunately increase your risk of being involved in a Road Traffic Accident. To make a successful claim for compensation we must be able to prove that someone is to blame for your accident and that their negligence caused your injury. E.g. your employer or another motorist.
The Highway Code can be used as a starting point for assessing whether a driver of a vehicle has been negligent and breached the standard of care. If the driver of a vehicle has breached the Highway Code, this can be relied upon to establish liability in Civil Proceedings. Whilst a Road Traffic Criminal Conviction is not in itself proof of negligence, it will help shift the Burden of Proof to the Defendant to disprove liability in a Civil Action.
There are various defences which can arise in Road Traffic Accidents which include; Contributory Negligence – driver was not wearing seatbelt, driver had been drinking alcohol, failing to indicate. If successfully argued by the Defendant then the Claimants award for compensation will normally result in a deduction for contributory negligence of between 15% and 25%.
Speak to us today on 0808 278 5363 to find out how we can help. Our office doors are open should you wish to stop by to discuss your claim, or you can even get in touch with us using our online form.