Road Traffic Accidents
While they are an unfortunate risk in everyday life, car and motorbike accidents can be horrific experiences. The injuries that an accident on the road can inflict are incredibly varied, ranging from mild cuts and bruises through to severe damage that causes life-changing consequences. If you have been hurt in an accident on the roads that was not your fault, then you should speak to one of our specialist Road Traffic Injury solicitors to find out whether you could be entitled to financial compensation.
Understanding personal injury law: can you make a claim for compensation?
Many people are wary of the idea of making a personal injury claim following an accident on the road. This is partly due to the fact that the rules for making a personal injury compensation claim are not well understood and a belief that personal injury claims are difficult to make. Our solicitors are here to guide our clients through the entire process, keeping them informed at every stage of their claim, while working to build a strong case that has the best chances of success.
The rules for personal injury compensation following a road traffic accident in the UK are fairly easy to understand, but can appear complex when encountered for the first time. In order for there to be any basis for any compensation claim for a road traffic accident, there are certain legal requirements that need to be satisfied.
You will need to be able to point out that you were entitled, by law, to expect not to be put in harm’s way by the person who caused the accident. This is sometimes described as your being owed ‘a duty of care’. In the context of road traffic accidents, you will need to show that other road users – whether those driving a car, motorbike, lorry etc. – owed you a duty to take reasonable care so as not to do anything, or fail to do anything, that would put you in harm’s way. It is generally accepted in the UK that road users owe one another a duty of care.
Next, it is necessary to show that the duty of care was not observed. This is better understood as being able to show that the person who you are claiming against was negligent, i.e. they did not, in the circumstances, conduct themselves in a way that would have been expected of a reasonable driver.
It is a common misconception that in order to prove negligence on the part of a road user, you need to show that they failed to adhere to a particularly high standard of driving. In law, the test for whether or not a road user has discharged their duty of care, is whether or not they drove with the care and skill of the ordinary road user.
Appreciating the reality of personal injury claims: what level of compensation is available?
Understandably, the reason that you may be seeking to raise a personal injury claim for a road traffic accident is to secure a financial reward to offset the injuries that you have suffered, and the steps you have had to take in order to address them. It is very important to understand that your claim for compensation should take into account every impact and consequence an accident has had on you. Your claim for compensation should therefore cover two broad types of damages:
- The first component of your compensation claim should be for the pain and suffering that you have had to endure as a result of being injured in the first place. The question of how much pain and suffering you have suffered, and what this equates to in monetary terms, will depend on your own particular situation.
- The second aspect of your compensation claim should account for the wider impact of your accident on your life. Any costs you have incurred in order to address your injuries should be included in your claim, such as the steps you haven had to take in order to organise personal care at home should you need it and any loss of income that you have suffered as a result of your accident.
Given the fact that injuries in road traffic accident can vary widely in their severity, it is important that your case is reviewed by a specialist road traffic lawyer who will be able to give an accurate indication of the sum of money that you are likely to receive in compensation. They will be able to take an objective view of the entirety of your claim, including the chances of success and the amount of compensation that could be claimed, based on their knowledge of the applicable law.
Seek the advice of a specialist road traffic accident solicitor
Road traffic injury compensation claims are subject to complex rules of procedure and evidence, and must be raised within strict time limits. In order for you to have the best chance of securing the financial compensation that you are entitled to, you should only allow your case to be handled by an experienced road traffic lawyer who has proved success in securing compensation for their clients.
Contact our Expert Road Traffic Accident Solicitors
HDP solicitors is a leading law firm providing bespoke legal advice and representation to clients who have suffered injuries as a result of a road traffic accident. Our team have been involved in securing compensation for car drivers, motorcycle users and pedestrians who have been injured by other road users. We make it a priority to review your case as quickly as possible in order to advise you on your claim. We manage the entire compensation claim process, from gathering evidence and interviewing witnesses to representing you in negotiations and litigation. At HDP Solicitors, we are here to represent your interests and secure the best compensation available in the circumstances. Contact our team today if you would like to speak to us about making a claim or please call us on 0800 387 815.
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HDP Personal Injury Solicitors are an Accredited Practice with APIL (Association of Personal Injury Lawyers)