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Road Traffic Accidents

A Road Traffic Accident can be a very traumatic and stressful experience. If you have been involved in such an accident which resulted in Personal Injury and it wasn’t your fault then one of our qualified and experienced solicitors will be able to assist you in making a claim for compensation.

You don’t have to have been in a car to be involved in a road traffic accident, you may be on a bicycle, on a bus, in a taxi or a pedestrian.

It is also important to remember that even if you are a passenger in a vehicle where the driver is at fault for the accident, you are still entitled to bring a claim for compensation against the at fault driver of the vehicle.

If you have been injured in a road traffic accident following an accident that wasn’t your fault then you could be entitled to make a claim for compensation. To learn more about how CL Legal can help you make a claim on a No Win No Fee basis, get in touch today to start your claim.

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Examples of Road Traffic Accidents

A road traffic accident compensation claim can be made following a range of different accidents. If the accident, and your subsequent injury, was the cause of someone else’s negligence then you could be entitled to make a claim.

Some common forms of accidents that lead to compensation claims are:

  • Vehicle hit from behind
  • Head on collision
  • Side Road pull out collision
  • Vehicle attempting to change lanes when unsafe to do so
  • Driver losing control of vehicle

 

What to do if you have been involved in a Road Traffic Accident?

The moments immediately after a car crash can be a very distressing time, but it is essential that you take the correct measures to help any future claim.

After an accident you should take the following steps:

  • Ensure you have the details of the at fault driver (name, address, vehicle registration number, insurance details)
  • If possible, take photographs of the damage to both the at fault drivers vehicle and your own vehicle
  • Are there any witnesses to the accident? Obtain their contact details.
  • Report the accident to the Police and obtain a police reference number
  • Keep receipts/details of all out of pocket expense you have incurred as a direct result of this accident e.g. loss of earnings/medical costs/prescription charges/damaged clothing/Policy Excess/Vehicle related costs etc.

 

What happens next?

Contact us and one of our dedicated Solicitors will be able to guide you through the legal process from start to finish with the least disruption to you.

Please note that strict time frames apply when making any Personal Injury Claim so time is of the essence.

Your case will be dealt with on a No Win No Fee Basis*

 

*meaning you pay nothing if your claim is unsuccessful

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Road traffic accident statistics

There were a total of 22,137 people seriously injured in road traffic accidents in 2015, with 186,209 overall injuries as a direct result of accidents on the roads – according to the Department of Transport.

In a bid to protect road users, the law surrounding accidents on the road continues to evolve. The Road Traffic Act defines a road traffic accident as:

“an accident resulting in bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory provisions 1  as defined by section 53 of the Health and Safety at Work etc Act 1974.”

This means you are entitled to claim for compensation if you are injured following a collision with another vehicle, pedestrian, animal, road debris or other stationary obstructions like poles or trees.

Whether you were a driver, passenger or pedestrian, the Act entitles you to make a claim for injury compensation for financial losses you have suffered as a result of your injury as well any future losses. For instance, you can make a claim for loss of earnings if you had to take time off work, and also claim for the cost of any medical treatment you needed following your injury.

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Road traffic accidents – FAQs

Below are some of the most common questions we get asked about road traffic accident injury claims. If you have any further questions get in touch with us now.

Can I make a claim compensation for an RTA injury?

If you have suffered an injury as the result of a car accident then you may be eligible to make a claim for compensation. Whether you were a driver, a passenger or a pedestrian – if the injury was caused due to the negligence of another party then you could be entitled to claim. Learn more: What is negligence?

If you have suffered an injury, then in order to make a claim for compensation then first of all it will need to be established that your injury was in fact caused by the accident. Also, it must also be shown that the other party was at fault and that their negligence caused your injury.

In terms of negligence in road accidents, it is generally recognised that all road users owe each other a duty of care – which includes motorists as well cyclists and pedestrians.

As well as negligence when driving e.g. driving without due care and attention, another party could fail in their duty of care in a number of other ways. For example, a failure to adequately treat icy roads or poor road maintenance could be deemed an act of negligence.

What kind of injury can I claim for?

Road traffic accidents can cause a variety of different types of injury that differ in severity.

Some of the more common types of injury sustained after a car accident include:

  • Whiplash
  • Head injuries
  • Back/spine injuries
  • Herniated disks
  • Neck injuries
  • Chest injuries
  • Arm injuries
  • Hand/wrist injuries
  • Shoulder injuries
  • Leg/ankle injuries

 

Car crash injuries can be caused directly by the impact, as well as by seatbelts and headrests and also broken glass.

What are the time limits on making a claim?

You are eligible to make a claim for compensation if the road traffic accident happened within the last three years. The Courts have the power to waive this time limit, but only in rare circumstances.

It is therefore recommended that you begin your claim as soon as possible – particularly as this is when the relevant evidence will be at its most fresh – e.g. witness testimony.

What if the other driver is untraceable and/or uninsured?

The Motor Insurers Bureau was set up exactly for this reason. They are there to help ‘compensate victims of uninsured and untraced drivers fairly and promptly.

Understandably, claims that are made via the MIB can take a little longer than usual and the compensation payout you receive might be a little bit less, but the important bit is they are there to help you if the negligent party cannot be traced or does not have car insurance.

How much compensation can I get for a car accident claim?

As with all compensation claims, the payout amount depends on a number of factors. Most notably, the severity of your injuries and the impact they have had on your life (e.g. how they have affected your day-to-day life and whether they have prevented you from working) will influence the payout amount.

When calculating compensation payouts for road traffic accident claims, the following factors are taken into account:

  • costs of care and medical treatment
  • the estimated cost of any future treatment and care
  • any other expenses like travel costs and property damage
  • compensation for the loss, or reduction of, physical or mental capacity
  • compensation for general pain and suffering caused by the injury
  • loss of earnings during the recovery process
  • loss of earnings if unable to return to work or to the job role you were in before the accident

 

To find out more about how much compensation you could be awarded, read out compensation payout guide.