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Road Accident Claims

If you or a member of your family is suffering from a personal injury caused by a road accident, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online compensation claim form.

Who can Make a Road Accident Compensation Claim?
Our Specialist Personal Injury Lawyers
Steps to Making a Road Accident Claim
Road Accident Compensation

How Much Compensation am I Likely to Receive?
Successful Road Accident Claims

Client Testimonials

Road Accident News

Who Can Make a Road Accident Compensation Claim?

All road users have a responsibility to exercise care and consideration for other road users whilst driving, and to obey the law and highway code. Failure to do so can amount to a breach of the duty of care, known in law as negligence. If someone's negligence causes a road accident and another person is injured, the injured person is usually entitled to make a personal injury claim.

There are some accidents that are not caused by another driver, cyclist, motorcyclist or pedestrian. Sometimes the road conditions are to blame. Whilst there may be no negligence, there is a duty on local highway agencies (under S.41 of the Highways Act 1980 as amended by the Railways and Transport Safety Act 2003) to maintain the roads and, in very icy or snowy conditions, to grit certain roads to make them safer. If this is not carried out, it is sometimes possible to claim compensation.

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Our Specialist Personal Injury Lawyers

The Legal Line's lawyers have extensive experience in claiming compensation for victims of all types of road accidents, including:

Bus accident compensation claims
Car accidents
Cycle accidents
Motorcycle accidents

Motorway accidents
Road accident passengers
Road traffic accidents involving emergency vehicles
Road traffic accidents involving hit and run drivers
Road traffic accidents involving uninsured or stolen vehicles
RTA involving pedestrians
Whiplash injury compensation claims

They can provide expert claim advice on all areas of making a claim and offer the assistance and guidance that you need.

Our lawyers have successfully pursued many claims on behalf of injured parties, recovering millions of pounds in damages.  They are always focused on pursuing the maximum compensation possible, whether for low impact road accidents or very serious incidents and have fought and won some high profile cases, including a car accident case that settled for £3.4m, one of the highest ever awards.  Please visit our client stories section for details of some successful road accident claims.

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Steps to Making a Road Accident Claim

Report the Accident

If a road accident occurs, especially if someone is hurt, the law requires that the police are informed as soon as possible. They will file a report on the incident and this is often very important in any legal proceedings that follow.

Keep a Record of the Details

It is also important to record as much detail as possible, including the other party's details, contact details for any witnesses and even photographs of the vehicles if possible.

Seek Legal Advice

The next step is to seek legal advice at the earliest opportunity. In every case, medical evidence will be required. It is also necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Road Accident Compensation

If your road accident claim is successful, and our Legal Line solicitors will be working hard to ensure that this will be the case, you will be entitled to two elements of a compensation award.

There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.

In serious cases, you may no longer be able to continue in your employment. This can be taken into account when damages are calculated. Costs for care, equipment, transport and housing modifications can also affect the calculations. If you are still able to work but not in the same role as before an extra amount may be awarded for loss of ‘congenial employment’, particularly if you held a public service role such as a doctor or police officer,. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.

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How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

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Successful Road Accident Claims

Below you will find details of some of the successful road accident cases that our lawyers have pursued:

• An HGV skip driver, our client asked our personal injury solicitors to represent him in making his road accident compensation claim after he was injured whilst driving his wagon during the course of his work.
  
  In the latter part of 2002, he was travelling along a road which was in a poor state of repair, a fact known to the local council who were responsible for its upkeep. The uneven surface caused the wagon to bounce sharply upwards and it became caught on an overhead obstruction, stopping the wagon dead. Our client was thrown forward violently, banging his head, knees and chest, the force on the steering wheel so great that it collapsed under him.

  Although he managed to drive the wagon back to the depot under escort, he was already in great discomfort as a result of these road accident injuries and was taken immediately to hospital by his employer. X-rays revealed no fracture but severe bruising with whiplash injuries to his neck, shoulder, wrist and elbow. Before returning to work he was referred by his Occupational Health Department for a course of physiotherapy, undertaking about 16 sessions.

  The symptoms of these injuries persisted for some months and when he was eventually able to return to work was able only to carry out light duties. He subsequently accepted an alternative, lower paid position with his employer, which did not involve driving, a task which he now finds very difficult and painful. The road accident injuries have also affected his ability to partake in his love of motorcycle racing. He has had to give up the racing and is even nervous about riding his motorcycle on the public roads.

  During the investigation and treatment for his injuries, it was also found that some of the ongoing symptoms were due to pre-existing degenerative changes and would in themselves disadvantage him on the open labour market should he chose to seek alternative employment.

  Whilst much of his injuries have now subsided, he was unable to carry out household tasks or DIY for some weeks following the road accident and he also had to rely on his partner for some time to complete the normal daily routine of bathing and dressing. He still suffers pain in his neck and back of the head and has to take painkillers to ease this.

  During the course of pursuing this road accident compensation claim, the council admitted 80% liability for the poor state of the road, and made an offer of over £10,000 which our personal injury solicitors were happy to recommend our client accepted. The offer was made with regard to the pre-existing changes which were not a result of the injuries suffered in the accident.

  This case shows that it is possible to successfully claim against a local authority who fail to comply with their duties under the Highways Act. Bringing successful cases of this type can be notoriously difficult for drivers who suffer injury as a result of a road being in a state of disrepair than say a pedestrian on a pavement where the duty of care is usually higher.

• An ambulance driver, our client asked us to represent her following her work related accident, to see if she had a valid claim for road accident compensation. In 2004 our client was responding to an emergency call and had both audible and visual signals in operation. As she attempted to pass the defendant, who was parked on the side of the road, the defendant suddenly and without warning pulled out, hitting the ambulance, causing our client to sustain muscle strain.

  As a result of this road accident, our client suffered injuries to the muscles in her neck and arm, radiating down and across her shoulder. Our client was unable to return to work for over 2 months but more than 2 years later is still receiving treatment for her injuries.

  When her injuries had not improved a year after the road accident, our client was referred for an MRI scan. The results recommended that she should receive a course of injections for her spine. Although she was able to return to her previous duties, she still suffers discomfort and has been advised that this will be permanent.

  Following correspondence and detailed negotiations, our specialist personal injury solicitors were able to secure a satisfactory settlement of £11,000 in road accident compensation.

• Our client is unable to remember the details of a car accident in which she was knocked unconscious, had to be cut free from her car, and was airlifted to hospital. Although the defendant argued that our client had been partially liable for the car accident, we were still able to recover satisfactory damages in this car accident claim.

  A mother with a young child, our client remained in hospital for several weeks. As her husband worked long hours and she had no other family in the UK, her family were forced to travel from abroad and stay for several months to help her both in the daily chores around the house, and in the care of her child. She was also unable to drive herself to hospital and physiotherapy appointments and relied on their help in these matters.

  The injuries she suffered as a result of this car accident included pelvic fractures which required extensive bed rest. On her release from hospital, she had to use crutches and attend an extensive course of physiotherapy, hydrotherapy and rehabilitation activities. Whilst progress was slow, her recovery has been excellent, although she continues to suffer some pain. Full recovery is anticipated with additional treatment, which might include steroid injections. The effects of the car accident also exacerbated a pre-existing neck condition that is likely to take a couple of years to resolve.

  As the defendant refused to admit full liability, Court proceedings were issued. At trial, the Judge found in favour of our client but ruled there was 40% contributory liability on her part. Despite this, our specialist solicitors were able to secure over £8,000 in car accident compensation for our client.

• After approaching some traffic lights in the right hand lane to make a right turn, indicating and then waiting for the road to become clear, our client began to make her manoeuvre. Unfortunately an oncoming vehicle ran a red light at speed and struck the side of her car, pushing it into a traffic light control box.

  Our client was thrown around forcibly in her seat and suffered various injuries, including severe bruising to her chest, damage to her knees, hand and toe, and whiplash injuries to her neck. She had to take time off from work to recover and some of the injuries gave rise to permanent problems, which restrict her ability to carry out certain tasks or fully enjoy hobbies.

  As the other driver was responsible for this road accident, our expert lawyers were appointed to assist the claimant in recovering compensation. A successful car accident claim was made and over £12,500 was recovered in damages for our client.

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Client Testimonials

Below are extracts from letters of thanks received by our lawyers, from clients they assisted with road accident claims:

• Mr Pimblett, who was injured when another vehicle hit the rear of his car, said: "Many thanks for your letter and cheque received yesterday in full and final settlement of the above claim.  I would like to thank you most sincerely for all the help and professional advice given in dealing with the claim on my behalf." ...

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Road Accident News

Visit our news secion for details of issues relating to road safety and road accidents, plus more successful cases, including the stories below:

MIB Compensation for Pony Trap Accident Caused by Goped - A couple were injured in a road accident caused by a youth riding a motorised scooter.

Our Lawyers Recover Compensation for Road Accident Victim - Personal injury claim for a woman who suffered whiplash following a motorway accident.

£4,000 Compensation for Pedestrian Knocked Down on Zebra Crossing - Our lawyers acted on behalf of a pedestrian suffering knee injuries as the result of a road accident.

Compensation for Road Accident Victim Suffering from Whiplash - After a road accident with a van, our client sustained a personal injury and was awarded damages.

Road Accident Victim Receives £4,000 Damages After M40 Collision - When he was hit in the rear by another driver, a motorist appointed our lawyers to represent him.

Smoking Whilst Driving – New Highway Code Guidelines - The new edition of the Highway Code gives more guidelines on safe road use.

Low Speed Road Accident Causes Personal Injury - Our lawyers recover compensation for a driver suffering whiplash injuries.

Compensation for Whiplash Injury in Road Accident Claim - Our client suffered whiplash injuries to his neck and shoulder when another car collided with the rear of his vehicle.

£80,000 Compensation for Road Accident Passenger - A woman badly injured in a car accident recovered compensation.

Personal Injury Claim for Road Accident Caused by Ice - A man was injured when his car skidded on ice on an untreated road.

Compensation Awarded to Victim of Car Accident on Dual Carriageway - A man left with permanent problems after a road accident made a personal injury claim.

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