Accidents on roads throughout the United Kingdom happen on a daily basis. If you have been involved in an accident on the roads which is not your fault then you may be able to claim for compensation for that injury.
Who can make a claim for personal injury caused by a road accident?
Anyone injured on the road can make a claim for personal injury compensation. Typically the injury will have been caused by either:
- other road users, or
- the condition of the road
Other road users
All people who are using the road have a responsibility to exercise care and consideration for all other road users whilst driving. Furthermore all road users are required to obey all laws of the road and the Highway Code.
A failure of another road user to do this may amount to a breach of that duty of care which has caused your injury. Accordingly you would have a civil claim against that person framed in the tort of negligence. If you have suffered an injury due to another’s negligence then you will be entitled to make a personal injury claim.
Negligence on the road however, is not just caused by drivers it can also be caused by cyclists, motorcyclist or pedestrians.
The condition of the road
In some cases personal injury will not be caused by the negligence of another road user but will be caused by the condition of the road in which you are using.
Accordingly all local highway agencies (a body of all local authorities) have a duty under Section 41 of the Highways Act 1980 which has been amended by the Railways and Transport Safety Act 2003 to keep the roads in a good condition and state of repair.
Often when the conditions are extremely poor this duty is extended, for example in very icy or snowy conditions the duty is extended to grit certain roads to make them safer.
If this duty is not carried it is often possible to claim compensation for a personal injury suffered.
What steps should I follow when making a claim for a personal injury suffered as a consequence of a road accident?
You should undertake the following steps when making a claim:
Report the accident
Keep a full record of the details
Seek requisite legal advice
Reporting the Accident
When a road accident occurs, especially in the case where an individual suffers a personal injury it is a legal requirement that the police are informed as soon as is reasonably practicable. The Police will then file a full report on the incident.
This police report could become extremely important in any legal proceedings as it will be relied on by the court as evidence of the circumstances of the incident.
Keeping a record of the details
- It is also an important factor in pursuing a compensation claim to record as much detail as possible.
For more information on:
- Seeking Legal Advice
- General Damages
- Special Damages
- Serious Injury
- Loss of congenial employment