Category: Accidents in Public

The top 5 questions asked about work accident claims

Posted on June 25, 2020 by Hannah Fletcher - Accidents in Public, Blog, Work Place Accidents

Work accident claims can be complicated. The main aim of any claim is to prove that you were not at fault for your injuries. Instead, you were the victim of your company’s negligence. For instance, you may have caught Covid-19 due to an unsafe environment, or perhaps were injured due to a task that was out of your skill set. Recovering from any work accident injury can be traumatic. Not only do you have to deal with the physical recovery but you may have financial losses due to not being able to go back to work.

This is why you should considering pursuing a work accident claim. UK businesses are legally required to have employer’s liability insurance to support any workers who may have experienced an accident on their premises. You will not be negatively impacting your company if you make a work claim. It is your right to receive compensation for your injuries.

Below, you will find some of the most common questions asked about work accident compensation claims, answered by our operations director Elaine. Read on to prepare yourself for your work accident claims case when you meet with you Gowing Law Solicitor.

1. What is an accident at work claim?

As Elaine explains above there are many different types of accident at work claims. It does not matter how big your work claim is, if you have had an accident on company grounds that was not your fault, you could be owed compensation. This is because your employer did not take the necessary precautions to ensure your safety. Examples of this include:

Unmarked hazards in the work environment
Messy/ dangerous work environments
Not taking necessary precautions to prevent spread of illness
Asking employees to complete unsuitable tasks
Repetitive work tasks

Take a look at our example below to get an idea of how this could work:

As the spill was clearly not marked, and Tony had been requested to do a task that was outside of his normal work duties and that he was not trained to do, his injuries were clearly not his fault. This means that he could ask for compensation whilst he recovers. As he was not able to type as well as he could without the injury, he has suffered damages that impeded his ability to work. This means that he could be owed compensation for his work accident damages.

2. How bad do my injuries need to be to get compensation?

The severity of your injuries will change how much compensation you receive. However, if you have been injured in the workplace, and it is due to your employer’s negligence, you can be due compensation. This could be in the thousands if it is a substantial injury, for instance, you were badly hurt in a construction site handling machinery, or it could be less. Make sure to talk to your solicitor to get a rough estimate. Every injury claim is different. For instance, some people may be remote workers whilst others may be in an office and some may work in a public space. The different hazards in each work environment will change the claim. That’s why it is crucial to have an experienced lawyer on your side to make sure you know exactly what you want to claim for.

3. What should I do if no one saw my accident?

This question is more common than you might think. As the UK is currently implementing social distancing measures to ensure work shifts are staggered, you may find that your work safety policy means you need to work on your own. This means that there is a higher chance that if you have an accident it may go un-witnessed.

You don’t need to have witnesses to prove that you had a work accident. You just need to make sure that you have the right evidence to show that the accident happened in the first place. This may include CCTV footage, proof of the hazard through pictures and videos, and a doctor’s assessment of your injuries. Make sure to get your employer to note your injury in their work accident book and to give you a copy. Elaine explains more about evidence for work accident claims below:

4. Can my employer fire me if I make a work accident claim?

One of the most important things that you need to remember about any sort of accident compensation claim is that your employer was the one at fault. That means they cannot outright fire you for asking for compensation for their negligence. Yes, if you were the one messing around and causing problems that lead to your accident then they can fire you. But if the accident was genuinely not your fault then they will not be able to dismiss you.

If we look at an example, a lot of people are worried that they will be unfairly dismissed due to Covid-19. Some companies simply will not put in the safety measures that have been recommended by the government. So, if they catch Covid-19 from the work place, what will happen if they are let go by their employer? This was through no fault of their own, yet they are still being punished for it. If this happens to you then you could have an employer tribunal on your hands. This can get you compensation, so make sure you understand all of your employee rights.

It’s important as well to know that you do not have to tell anyone about your accident. Only your employer and you yourself need to know about it. That way if you are worried about people treating you differently in the workplace, this can be avoided altogether.

5. Can a work accident claims solicitor help me with my case?

Hiring an accident at work solicitor can really help you increase the chances of having a successful compensation claim. Accidents work differently for different claimants. They can be extremely complicated, especially if you were partially responsible for the accident. The complexity of your case depends on whether or not your company will fight against paying you compensation. That’s why it can be very useful to have an experienced lawyer on your side. They can help you file all of your evidence and keep your case on track over the next few months. Some cases take longer than others, though you should expect an update from your solicitor about the case every couple of weeks.

Solicitors can help you avoid common pitfalls that may mean that you lose out on claiming compensation. You would be surprised to see how many people invalidate their claim due to incorrect paperwork. A trained lawyer can talk you through your incident and your evidence, and estimate what sort of compensation pay out you could claim for. If your employer decides to make things difficult for your claim, they can also help you make sure that you can overcome any problems you experience.

Make sure to ask your solicitor if you have any questions. They would be more than happy to help you.

What should you do if you have an accident at your work place?

The first thing you need to consider is your own health. Whilst it is important to collect evidence and make sure you can prove your case in court, you need to make sure that you get the medical attention that you need. If there are no employees trained in first aid, go to the hospital to seek help.

If you do not think your wounds need a doctor to check them over, you will want to do the following:

Inform your employer of the accident
Request that the accident is noted in the accident work book and that you get a copy
Take pictures or videos of the area of your accident
Collect witness statements
Write a diary that will document important facts of the incident
Write a letter of complaint to your employer

The more evidence you have to back up your claim the better. That way it will not turn into a case of “he said, she said.” Instead, you will know that you can prove that you were not the one at fault when it came to your accident. Liability must fall on the employer; that way they have a duty of care towards you as one of their employees. They must pay compensation to ensure that you can recover, this may also include statutory sick pay (SSP).

Gowing Law Solicitors can help you with your compensation claim

If you are looking for the help of a specialist accidents at work solicitor to help you with your claim, Gowing Law Solicitors is here for you. We can provide our expert knowledge to assist you with your case. Due to Covid-19, we understand that you may be working remotely, therefore we can work around your schedule and help you work from home.

Our lawyers can offer you free consultations and advice to move you forward with your case. If you do decide to work with us, we work on a “no win-no fee” basis. That means there is no risk in simply trying to claim compensation. If you do not win your case, there will be no fees. That means you will always come out on top.

Get in touch with us today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by directly messaging us via our contact page.

Want to read more?

Gowing Law endeavours to keep its blog updated with the latest articles on UK law every week. That way if you have a compensation case coming up, or you want to know information about a certain topic, you can simply scroll through our blog and see what topics are relevant to you. This includes information about PPI taxes and mis-sold mortgages. We also talk about the latest Covid-19 legal updates, such as retail safety and writing a will during lockdown.

We also have a weekly newsletter and are accepting requests for blog topics. Feel free to email info@gowinglaw.co.uk if you are interested in signing up or want to suggest a blog. We would be happy to write about it.

We look forward to hearing from you soon. Good luck with your compensation claim!

Top 5 Tips for Cyclist Safety in the City

Posted on June 25, 2020 by Hannah Fletcher - Accidents in Public, Blog, Traffic Accidents, Uncategorised

Now that the UK is no longer under full lockdown, various commuters and shoppers may be considering how they can safely travel to different public destinations. In order to relieve pressure on public transport during Covid-19, the UK government is investing £2 billion in a package that encourages alternative transport. This includes cycling and walking. If you are considering using a bike, you need to consider your cyclist safety measures. That way when you are commuting on the road you can avoid any traffic accidents.

It is important to remember that cyclists are some of the most vulnerable people on the road. In 2018, it has been estimated that 4,106 cyclists were seriously injured whilst travelling alongside traffic. Other vehicles, unless you are involved in a motorcycle accident, have a hard shell and a seatbelt to keep their drivers and passengers safe. Bikes have neither of these things. If a cyclist falls off their bike then it is very likely that they are going to experience serious injuries.

If you plan to commute on a bike, you should be concerned about cyclist safety. Cycling during heavy flows of traffic can be dangerous, therefore you need to know exactly how to handle the road. But don’t worry, you can learn precisely how to keep safe whilst on the roads. If you do experience an accident, Gowing Law will be here to get you the RTA compensation that you deserve.

Why do you need to consider cyclist safety when you’re on the road?

Aside from lowering the chance of being involved in a traffic accident, if we think about it from a legal perspective, you have a “duty of care” when you are on the road. Taking a risk when you are in heavy traffic could make you a “liability.” That means that if you do end up in an accident then you could potentially not be awarded compensation, if you did not take the necessary precautions to prevent an accident. In fact, your risky choices could have caused the accident in the first place.

Being aware of your surroundings, including any roads in a state of disrepair, can increase the amount of compensation you may claim. This is because you took the appropriate measures to stop the accident, however the other person (or perhaps your environment) still created a dangerous outcome. If you can prove what measures you took and still were hurt, this means that the other party involved in the accident will have to pay for your compensation. But keep in mind, these types of road traffic accident claims can become quite complicated, especially when trying to figure out who precisely was at fault for the endangerment of other vehicles on the road.

The Government’s Cycling Campaign

As mentioned previously, the government is focusing on greener travel to influence UK commuters to avoid public transport, therefore lessening the spread of Covid-19. This includes more emergency lanes for bikes, trials of rental e-scooters.

Over the next few weeks, you may see more pop-up bike lines, bus-only corridors and safer junctions to encourage new cyclists to hit the road. As Transport Secretary, Grant Schapps said:

“During this crisis, millions of people have discovered cycling…While there is no change to the ‘stay at home’ message today, when the country does get back to work we need those people to stay on their bikes and be joined by many more…We know cars will continue to remain vital for many, but as we look to the future we must build a better country with greener travel habits, cleaner air and healthier communities.”

Whilst quite a few of us are still successfully working from home, if you have gone back to work then you may want to consider taking your bike as a way to avoid public transport. That’s why it is crucial that you know about cyclist safety. The government is even considering creating a mobile phone app that can warn when public transport is busier than usual. This means you can pick and choose when to use your bike and when to use public transport.

Keep an eye on the government’s website for more updates about transport and Covid-19. That way you can understand how you can use the roads safely whilst maintaining a safe distance from other people.

Cyclist Safety in the city

If you are interested in using a bike to get around your city, one of the most important things that you need to think about are the other types of drivers on the roads. Naturally, about 80% of road users are going to be cars, but you may also see larger vehicles, public transport and even pedestrians that are trying to move from one side to the other. There is a high chance that you could collide with any one of these road-users, which is why it’s important to keep an eye on the movements of other people.

Here are the top 5 ways that you can keep safe on your bike ride around your city.

As you can see, one of the main things that ties all of these cyclist safety measures together is awareness of the road. Whilst it may be easy to go cycling in the countryside and stick to one side of the bike pathway, on the road you have more obstacles. This also includes other cyclists. Make sure to try and maintain a safe distance from other vehicles and indicate appropriately to let other vehicles know exactly which pathway you are going to take on the road.

Make sure to look at the UK highway code if you want to learn about the rules of the road for cyclists.

What type of accidents can cyclists get into on the road?

Although we do not want to discourage people from using their bike instead of public transport. It is important for cyclists to know the dangers that they could face. That way they will know how to avoid them in the future. Some of the most common risks include:

Motorists turning into T-junctions without seeing cyclists
Roundabouts and motorists
Parked vehicles “dooring” bicycle users
Overtaking
Aggressive vehicle drivers
Potholes and lack of traffic signs
Filtering lanes
Traffic lights and up-hill starts

Cyclists are very difficult to see. Therefore, cars should take extra care and give space when trying to safely move past a bicycle. However, some drivers simply do not do this. Be aware of the other vehicles on the other road and how they are acting towards you. If you feel that someone is becoming aggressive in your lane, try to move away from them safely or take an alternative route towards your destination.

For an example of what could be a successful bicycle road accident compensation case, have a look below:

As you can see, Steve was clearly not at fault for this accident. Instead, it was due to the aggression of the driver behind him. This means that they are liable and will have to pay Steve compensation for his injuries and losses. If you have had an accident, you will need to think carefully about who was at fault. That way you can figure out whether or not you have a claim.

Your Losses & Injuries

Another thing you may need to consider before making a claim is the amount you could be entitled to. This depends on the amount of losses that you made. This could include:

Injuries
Wages
A broken bike
Broken electronic equipment
Medical bills
Rehabilitation costs

Initially, you may have thought that “losses” solely meant how you were hurt. But this could also include material and financial losses. Your life has been made worse because of your accident. Therefore, RTA compensation is designed to help you get through this difficult period. Write out your losses before you visit your solicitor. That way you can talk them through with a trained expert and find which are completely valid in the eyes of the law.

What should you do if you are involved in a road traffic accident on your bike?

The first thing that you need to do is not panic. Bicycle accidents can be extremely traumatic, especially if you have done your best to adhere to cyclist safety guidelines whilst on the road. If you are injured then go to hospital. If your injuries do not require urgent medical attention, you need to ask the other driver for their insurance number and take down their licence plate.

Once you have exchanged details, you need to preserve the evidence at the scene of the accident. This can be through photos, videos and witness statements. You may also want to contact the police to inform them of the accident. That way they can take down statements and compile a police report. You should be able to get a copy of this report.

Remember, the more evidence you have the more support you will have for your case. So, don’t just take witness statements, instead ask them for their contact details or ask if you can record their statements. You may also want to write down a diary entry about the details of the event. That way you have a clear record of everything that happened.

Compile this into a file that can be looked at by an RTA compensation claims lawyer. That way they can easily go through your files and make sure that you have everything that you need before you go to court.

How long do I have to make an accident claim?

You will have three years to make a claim from when the accident occurred. Make sure you get in touch with a bicycle accident compensation lawyer as quickly as possible. Recovery periods can be difficult to get through whilst handling a RTA case on your own. Worse still, if you do not claim compensation, your livelihood may be affected.

The sooner you get your compensation, the easier it will be for you to focus on getting better.

Gowing Law Solicitors can help you with your claim!

Here at Gowing Law Solicitors, we can support you through your compensation claim. Whether you are a pedestrian, a motorcyclist or any other vehicle driver, our experience can help you get the outcome that you deserve. Road traffic compensation claims can be difficult to manoeuvre on your own. That’s why you should leave all of the difficult work to Gowing Law whilst you recover.

We can offer you free advice and consultations, as well as service on a “no win, no fee basis”. That means if you work with us, and don’t get your wanted outcome, you will not need to pay any fees. That means that there is no harm in trying to claim compensation.

You can contact Gowing Law Solicitors by calling 0800 041 8350 or emailing info@gowinglaw.co.uk. You can also use our direct messaging system located on our contact page.

Health & Safety in Retail: Avoiding Accidents

Posted on June 16, 2020 by Hannah Fletcher - Accidents in Public, Blog, Covid-19, Employment, Work Place Accidents

Health and safety in retail is a big issue right now. As of June 15th 2020, the UK government has now allowed for non-essential stores to re-open. Non-essential stores, including clothing and book shops, have been closed for over three months. This was to help lower the rate of infection of Covid-19. However, you may be feeling a little nervous about going out and about so soon. The corona virus is still a major health & safety risk with a lot of businesses having either moved online or to remote work to remain open. That’s why at this moment you may be thinking that it is just safer to shop online.

Boris Johnson has stated that we should ”shop with confidence”, but do you know precisely what you would do if you had an accident in a public place? If you work in retail, you may have no choice but to return to your store. That’s why, whether you are a customer or a consumer, it is essential that you know precisely what rules and regulations are in place to keep you safe. That way you can avoid accidents.

Read on to learn more about how you can protect yourself and the others around you from accidents in a retail store, and what you should do if you do suffer from an accident.

What is happening in the UK?

As you can see from the BBC’s latest update video, the UK has undergone a number of changes in the last 24 hours. Whilst this may not immediately get things back to the way they were, it can help workers in the retail industry have their livelihoods restored to them. Although essential stores have remained open, like food stores, pharmacies and banks, most non-essential stores have been shut since March.

Now, what’s important to take from this is that not only will stricter shopping measures be in place, but you will have a choice about whether or not you should return to your work environment. If you have proven that you can do your job from home without any problems, then it will be quite hard for an employer to outright say that you should go back to the office. However, if you can only do your work by being in a certain building, you will have to go in to do your work. Should you tell your employer that you are not going in because of fears of Covid-19, you will not be entitled to sick pay.

According to David D’Souza, from the Chartered Institute of Personnel and Development, he has listened to the complaints of people being forced to go back to work by their employer and believes that it is:

”Of huge concerns in terms of people’s physical and mental well being…Any return to work should only be done if these criteria are met: It’s necessary, it’s safe and it’s mutually agreed.”

It is up to you to decide how you feel about returning to work. If you are worried about catching Covid-19, you will need to discuss this with your employer. That way you can get an outcome that would suit your situation.

Safety in a retail: Covid-19 Edition

For both employees and consumers, new safety measures have been put in place in order to prevent the spread of Covid-19. So, if you are going out today, it’s important that you adhere to the following rules:

These rules have been put in place in order to help the public get used to shopping outside again. However, there is controversy about this move. The World Health Organization has warned against further lock down easing in England. According to Hans Kluge, the WHO’s European director, the UK is still in a “very active phase of the pandemic”. This means that there is still a chance that Covid-19 could be spread around through public contact.

If you do choose to go out to shop, make sure you do it with caution. There have been hundreds of people queuing already to visit large retailers like Primark, therefore take social distancing regulations seriously and try not to approach people within 2 m. You may also want to wear face-protection and have your own personal supply of hand gel.

Public Accidents in a Retail Store: Health and Safety

Despite all of the health and safety regulations that have been put into place, there is still a chance that both consumers and workers could be involved in an accident in the store. Yes, employers need to make sure that social distancing measures are put in place, but with all of this focus on Covid-19 safety regulations, it is more likely that smaller problems may be overlooked. There is still potential for one of the following accidents to take place in a store or retailer:

Slips and falls from unmarked puddles.
Trips over hazards/objects on the floor.
Poorly built shelves falling over.
Mannequins and display items falling down.
Bad Lighting.
Bad carpeting.
Violent customers

All of these accidents can help due to employer negligence. Each business has a duty of care towards their customers and employees to keep them safe. Therefore, to have an unsafe work environment, and to not keep it clean and tidy, is to breach that duty. You deserve to feel safe when you are shopping, therefore if you have had an accident in a public place, you could claim compensation for the fall. This is due to the fact that the retailer themselves has been negligent.

Who was to blame for the accident?

All retailers have to keep their employees and customers safe when they are on their premises. This is normally through risk assessments. This includes keeping the place clean and tidy and ensuring any spills or hazards are fixed before customers can fall victim to them. Employees must also ensure that all staff are trained to carry out their work safely. If these duties are not fulfilled then they could be liable for a compensation claim, especially if they do not enforce social distancing regulations.

Customers: What to do if you have suffered an accident in a public space?

It can be nerve-wracking building up the courage to go back out in public to go shopping. That’s why you don’t deserve to be hurt when you finally enter a store. If you do unfortunately get injured, you need to report it to a member of staff. This injury can then be written down in the store’s accident book. You should be given a copy of the injury statement.

If you do not have to go to hospital due to your injury, remember that you will need to collect as much evidence as possible. This could include:

Photographs
Videos
CCTV Evidence
Witness Statement
Diary Entry (made on the same day)
Police reports
Medical Statements

If you want to make a personal injury claim, you will need to make it within three years of the accident occurring. Make sure to seek help from a solicitor as these types of injury claims can get extremely complicated if you are looking for compensation on your own. A solicitor can explain how much compensation you could be owed, what pitfalls you need to avoid and how long it may take to get an outcome from your claim. Be patient with your solicitor and make sure to keep in contact with them about your claim.

Employees: Health & Safety in retail stores

Customers are not the only people who get injured in a store. As an employee, your employer owes you a duty of care, especially in regards to health & safety in retail environments. That means you should have received official training to help you cope with the latest social distancing laws and safety in general in the work space.

So, you have a responsibility towards customers to keep them safe. But you may be wondering, what should you do if you get hurt? An accident at work could put your livelihood at risk, as you may not be able to keep working and claim your wage. You can experience the same accidents as a normal customer, worse still you may be more at risk of Covid-19 if your store has not put in health and safety regulations to ensure the safety of their employees.

In order to keep safe in the work environment, remember to:

Your employee must be trying to implement social regulating laws, perhaps even communicating through walkie-talkies or phones instead or face-to-face contact. If there is no evidence of a risk assessment, you could be owed compensation for your work-place accident.

How much could I earn from an accident at work compensation claim?

Now, this depends on the type of accident you have had and how severe it is. If your retailer employer has not carried out sufficient health assessments or thought of the risks of returning employees to work, you could be owed thousands if you recently had a work accident, aka. a breach of health and safety in retail.

To use an example, perhaps you work in a clothes shop. They implemented a one-way system to help customers get around the store. However, you did not think of aggressive and messy customers. So you slipped on the clothing and fell over. If you broke your leg this may mean a higher pay out than if you pulled a muscle.

Talk to your trained solicitor about your injuries and how much you could be owed. The amount you receive will depend on your losses and injuries. Therefore, they will be able to give you a good estimate.

How to handle a breach of health & safety or a work accident?

The same way a customer must alert staff to an injury in a store, you must alert your employer or manager about your injury. They will record your injury the accident book. Make sure to ask for a copy! You must also find evidence of your accident that can prove that it was your employer that was liable for your accident. This could be through their lack of a risk assessment, a dangerous environment or perhaps a lack of training. Either way, keep calm and simply follow procedure to ensure that you can collect your evidence and alert your employer to your accident.

Gowing Law Solicitors can help you with your work accident claim!

The transition from complete lockdown to social-distanced work can be quite scary. You want to support your family, however what happens if bring something home nastier than intended. If you have been injured at work, or health & safety guidelines have been breached, Gowing Law Solicitors can help you get the compensation that you deserve.

We can work with you remotely and can offer you free advice or consultations to talk about your accidents. Our trained work accident specialists can then get to work on your case. If you are happy working with us, we work on a “no win-no fee” basis. That means that even if we do not get a positive outcome, you will still come out on top. Let our trained specialists help you get the best amount of compensation to allow you to recover from your injuries.

Contact us now by calling 0800 041 8350 or emailing info@gowinglaw.co.uk. You can also directly message us through our contact page.

Want to learn more?

Do you want to know more about Covid-19 and UK legislation? Our blog is has the latest legal stories and information. That way you will always know what to do if you are faced with a legal battle. That includes information about work safety and your worker’s rights.

If you have a blog topic that you want us to discuss, let us know by contacting info@gowinglaw.co.uk. We would be happy to write about it!

We look forward to hearing from you soon.

Been involved in a Cycling Accident?

Posted on July 9, 2019 by John lucey - Accidents in Public, Blog, Traffic Accidents, Uncategorised

What to do if you’ve been involved in a Cycling Accident

The roads can be very dangerous for cyclists, unfortunately accidents occur involving cyclists and motorists on a regular basis, some of these accidents can result in serious injuries for the rider as well as irreparable damage to the bike. Although most cyclists know the rules of the road they may not know what to do if involved in a cycling accident, especially if they don’t drive.

The Guide to avoiding Cycling Accidents

We have put together a guide to inform cyclists what to do in the event of a road traffic accident.

If you have suffered serious injuries or been knocked unconscious ensure you seek the necessary immediate medical attention such as a paramedic.
Identify who was at fault for the accident and what happened, make sure to get the details of the defendant such as their name and registration. A description of the vehicle and driver is also useful if you are unable to obtain specific details.
Check for any witnesses and obtain their names and contact details before they leave the scene of the accident.
Wait for police to attend the scene so that a full report can be filed. Even if the accident is minor as injuries might not be apparent for a few hours and then it will be too late to identify the defendant if you did not take details yourself.

Evidence for cycling accidents include:

Be sure to take photographs if possible of the damage to both your bike and any vehicles involved. Also try to take photos of the location where the accident occurred and injuries sustained. It is recommended that cyclists use dashcams. The can also use Go Pros. These can be on their bikes or helmets to provide evidence if they are involved in an accident.
Take photographs of any damaged property. This can be with your phone as these can be claimed for as damages. You should also present it with a receipt of purchase. Also remember after an accident a new cycle helmet should be purchased!
Even if you didn’t experience any immediate injuries such as cuts or bruises you should still visit your GP. You may also want to go to a walk in centre. This is because some injuries can take a few hours to become apparent such as back, shoulder and neck pain.
Finally, call Gowing Law on 0161 464 4444 to start your claim for personal injury!

Cyclist Safety Tips

Posted on July 8, 2019 by John lucey - Accidents in Public, Blog, Traffic Accidents, Uncategorised

Cyclist Safety Tips

Protective clothing

Cyclists should wear a correctly fitting helmet. This should be to minimise the risk of a serious head injury if they come off their bike. Wearing light coloured or fluorescent clothing can make it easier to be seen by other road users in both the dark and daylight. That way cyclist safety can be prioritized

Lights and Reflective Gear

At night cyclists MUST have red rear lights. They must also have white front lights lit as well as a red rear reflector and amber pedal reflectors. As well as using reflectors to be seen cyclists can use lights on their bikes. Although if cycling in an area with no street lights it is recommended that a steady front lamp is used rather than a flashing light, as not to dazzle other road users.

Cyclists on Pavements

There is often a lot of confusion around the subject of whether cyclists are permitted to cycle on pavements or not. According to section 64 of The Highway Code “According to Laws HA 1835 section 72 & RSA 1984, section 129, cyclists must not cycle on the pavement“.

Alcohol and Drugs

If a cyclist is deemed to be under the influence of drugs or alcohol to the extent where they are incapable of having proper control of their bike they can be given a fine. This can be up to £1000 if they are cycling on a road or other public place.

Additional Tips

Make sure you signal clearly so motorists know where you are going
Use a bell to make pedestrians aware of your presence
Reduce speed and take into account stopping distance when roads are wet
Try to make eye contact with drivers at junctions and roundabouts so you know you’ve been seen
Be sure to give plenty of room when riding past parked cars in case someone opens the door without looking

Accidents in a public place- Retail Stores

Posted on June 20, 2018 by GLAdmin - Accidents in Public, Blog, Covid-19, Uncategorised

Accidents in a public place can happen anywhere and at any time. Although you may not have ventured into many shops as of late, apart from food stores, if you are decided to visit a retail store when they were re-opened, there is always the chance that something could go wrong. Even the safest buildings still have their faults and you could get yourself involved in an accident. Not only that, but if a public place has not installed social distancing features that could protect both the public and employees, there is a high chance that Covid-19 could be spread between people. That is why it is your responsibility to stay as safe as possible when you are out in public.

If something does happen, then you have the opportunity to ask for compensation from the party responsible for your injuries. Should the public place be a retail store, then the business itself will need to pay out from their insurance to help with your recovery.

Gowing Law Solicitors know exactly how to help claimants who have experienced accidents in a public place. These types of accidents can happen suddenly and may leave you in a state of shock. That’s why you need the correct form of legal counsel. Some people may just shake off the injury as an unlucky action of fate. But we would say otherwise. We can help you prove it was due to the retail store’s negligence.

Accidents in a public place claims: What are they?

In order to understand more about accidents in a public place claims, in particular in retail stores, it is important that we understand a little more about shop injuries. If you have suffered from an injury in a store, the only way you are going to be able to claim compensation is if you prove that the store breached their “duty of care” towards you and your fellow customers. Most stores in the UK now have strict social distancing policies put in place to protect their customers. These include:

Wearing face masks/visors when inside the store.
Maintaining social distancing from other customers and store clerks.
Following the one-way system around the store.
Not touching items unless you are going to purchase them.
Using hand sanitizer and other germ disinfectants.

However, despite these safety measures, accidents can still happen. A lot of things can happen during the day and potential hazards may be missed or simply left unmarked by staff members by mistake. Take a look below at Harry’s story for a small example of what could happen in a retail store that may result in an accident:

How does this case-study show my eligibility?

Obviously, you are probably not in the same scenario as Harry. But you do have the right to feel safe in a retail store. If you look at Harry’s story, you can see that the store he was in was negligent in informing him of the hazard on the ground. Therefore, he had no idea that he was in danger when he walked down the aisle. The lack of safety preparation put Harry in an unsafe position and got him hurt. This is evidence that he could claim for damages.

To put things simply, you need to prove:

The store you went into was negligent and breached their “duty of care”.
You were hurt because of this breach and their negligence.

If you have been put into a similar position in a retail store, you could easily apply for compensation for your damages. But the main question is, what counts as damages? These are a little more complicated than just saying you suffered physical injuries.

Compensation Claims 101: General & Special Damages

Take another look at the Harry case study. If you look closely, you can see that there are more damages than just his physical injury (aka. his torn Achilles tendon). Not only did he have to visit the hospital, where he could have accumulated medical expenses, but he lost out on his wages because he could not go to work. Not only could Harry claim for his physical damages, he could also claim for his financial losses.

If you are claiming for damages then there are two types you claim for. These are known as general and special damages. General damages normally account for your pain and suffering. They are the most common type of damages but can be difficult to measure. After all, you are trying to prove how much you have suffered on account of your injuries. How can you prove this if other people cannot feel it? That’s why it is useful to have physical evidence of your suffering to back up your claims, including photos, witness statements and videos.

Special damages usually account for any financial losses made due to your accident. So, for instance, if you were forced to miss work and lose out on wages. Make sure to keep the receipts to prove any financial losses that you have made.

Just to keep it simple, here is a list of most of the things you can claim for if you have suffered from any type of accidents in a public place:

Damages may include:

Physical injuries
Emotional trauma
Medical expenses
Transport fees
Lost wages
Loss of opportunity (i.e. career progression because of your injuries)

Make sure to speak with a trained legal specialist to ensure that you know precisely what you are claiming for. You may feel a little confused about what count as damages and losses. Therefore, having a solicitor on your side from Gowing Law can help you understand your rights and what you could be owed to help you recover from your injuries.

Physical injuries and accidents in a public place

Before we talk about how you could claim for any type of losses in a public place, or in a store, it’s important to understand the type of physical injuries you may have encountered. One of the most common questions we received about any sort of claim, including work accidents claims, is ”how bad does my accident need to be to claim damages?”

Most people would assume that to make an accident in a public place claim, you would need to have a severe wound that would require hospital treatment. However, you can actually claim with any sort of small or large wound. If it happened due to the store’s negligence, you can easily claim for compensation. But the other thing you also need to consider is whether or not it is worth pursuing a claim. If you do not think you will get the return you expect based on the severity of your injury, it is not worth pursuing. For instance, if you cut your finger on a display, you probably won’t get a large amount of compensation in return unless the wound got infected or the wound was extremely deep.

Consider the costs of the claim vs the amount of money you would estimate to get out of the claim. If you think you could get a bigger return, it is worth pursuing compensation. Discuss this with a solicitor if you are feeling a little unsure about moving forward. They can estimate your total costs and let you know an estimated pay-out.

What evidence do I need to make a compensation claim?

If you have been hurt due to accidents in a public place or in a store, you may be considering how you can prove your claim. You can’t just state that you were hurt. Instead, you need to bring in solid evidence to show that you were hurt due to the store owner’s negligence. Here are some examples of the evidence you could use if you want to get a successful compensation claim.

As you can see, there are lots of ways that you can gather evidence. However, one important thing you may want to also consider is involving the police. If there has been a violent altercation, or perhaps the injury is extremely severe, having the police there can give you witnesses that will provide you with a police report. This police statement will be completely unbiased and will document everything that happened. It can serve as important evidence in any sort of case.

If you also want to prove that you suffered financial damages on account of your accidents in a public place injuries, you should keep as many of your receipts as possible. Whenever you are forced to spend something due to your injuries, for instance on medication or on transport to the hospital, keep the receipts or tickets that show how much you paid. That way you can put these costs together and show that small financial losses have built up.

The more evidence you have the stronger your case will be. Your lawyer can help you organize your evidence to show how badly you were effected by your injury. That way you will have a successful pay-out in no time!

Can I claim compensation for catching Covid-19 from a store?

Unfortunately, this is where things get complicated. Covid-19 has changed the entire world as we know it. We have experienced pandemics before but never to the extent of how this disease has affected how we view the world. Most people are frightened about going out to public places in fear that they will catch Covid-19. So, if you have unluckily gone in to a store and have found that you have developed symptoms a few days later, you may be considering how you can claim compensation.

The tricky part comes from the fact that you cannot actually make a claim on catching Covid-19 alone. Not only do you have to prove that caught it from the store specifically but that you did not catch it from somewhere else that you have visited. If you do want to make a claim, it will have to be in regards to the damages it leaves you with. So, if you lost out financially or suffered physical injuries or disabilities that reduced your quality of life, there is a chance you could make a compensation claim.

As you can see, this is a very complicated issue in UK law right now. It is not worth pursuing this type of claim alone. Instead, ask our Gowing Law solicitors for advice on whether or not you should consider making a claim. They can let you know more information about your options and how you could move forward. Feel free to write in to info@gowinglaw.co.uk if you have any questions about this. We understand that it can be quite confusing!

Are you ready to make a compensation claim for an accident in a public place?

If you are ready to make a compensation claim, Gowing Law Solicitors are here to make sure that you get the pay-out that you deserve. All of our lawyers can offer you free help and consultations to get you started. These can all be done remotely to make sure that there is no threat of Covid-19. If you do decide to work with us, we can offer our services on a “no win-no fee” basis. That means that you will always come out on top. There’s no risk, so what is stopping you from contacting us today?

Get ready to start your journey with Gowing Law Solicitors. Call us on 08000418350, email info@gowinglaw.co.uk or even use our live chat feature and our contact page. Our friendly team will then be in contact to answer any additional questions you may have about accidents in public places claims.

Ready to learn more about UK law?

We are proud to have an informative blog that has a number of articles about different legal topics. These can keep you informed about the latest law updates and specific compensation claims. Our blogs cover RTA claims, work accidents, public accidents, financial mis-selling and cosmetic negligence claims. If you cannot find a topic that interests you, why not let us know about it? We would be happy to write about any questions you want covered. Feel free to send in your suggestions to info@gowinglaw.co.uk.

We look forward to hearing from you soon.

What to do if you have a car accident abroad

Posted on June 20, 2018 by GLAdmin - Accidents in Public, Blog, Traffic Accidents

Having a car accident abroad can be frightening. In the UK, the rules of the road are pretty simple to understand if you are an experienced driver. Abroad, it can get complicated. After all, the roads are different in and outside of the EU. You will also have to consider the type of vehicle you are driving. Your own car may have been damaged in the process of the accident, however if you have hired out a vehicle, you need to consider what sort of insurance you need to protect yourself against any collisions.

Gowing Law Solicitors are here to help you with your car accident if you are travelling abroad. This informative guide will give you some useful tips about how you can get the compensation you deserve for any sort of car accident abroad.

Protecting yourself from car accidents abroad before the journey

One of most important things you may be worrying about is the impact of Brexit on any costly accidents you have abroad. However, the first thing you need to do is not panic. Although the rules for passports, EHIC cards, pet travel, driving and accident cover may change on the 1st January 2021 in the UK, if you plan for it in advance then you should be fully prepared to deal with any sort of car accident abroad.

Make sure to make preparations before you go on holiday. You should be considering what sort of insurance you should purchase if you intend to go to the EU or further abroad. If you are going to drive in EU countries then you will need to have at least third party cover. However, if you are going to a non-EU country, your “green card” should prove that you have at least minimum cover to protect you from any sort of accidents in the future. Your insurer should be able to know how to issue you with one.

Check the overseas driving rules before you go on holiday

Obviously, different countries have different rules for the road. That’s why it’s important to familiarize yourself with local speed limits and road signs. You may want to consider packing extra equipment that can help you drive safely on the road, especially if you are hiring out a car. This can include:

Emission stickers (permits) bought weeks in advance
Headlight converter stickers
Reflective jackets and warning triangle
GB stickers

Be careful if you intend to hire a vehicle abroad. The hire company may ask for your driving licence and driving information. You should consider getting a licence “check code”. This can be purchased up to 21 days before your trip.

Accidents in Europe: Your Rights

Car accidents abroad are more common than you might think. If you have had a collision in the EU, then you can use the system in the European Motor Insurance Directive. This should help you reach a fast settlement of your accident claim. However, keep aware that your claim may be under a different time limit as it happened outside of the UK. Make sure to familiarize yourself with this before your holiday. That way you can always be fully prepared for the worst.

If you were the cause of the accident then the victim, in the other vehicle, may be able to pursue legal damages against you through the green card scheme. You can only claim compensation for your traffic accident if you can prove that you were not the person at fault (aka. not liable for the accident). Traffic accidents are very complicated. You may have to accept partial responsibility, aka. that both you and the other driver in some way caused the collision, or it may even turn out that you were liable for the collision. Take a look at our example below to see what could make a victim of a collision a “non-liable party”.

As you can see from our case study, clearly Thomas suffered losses due to his accident. He had a passenger in the car who had whiplash, therefore was physically hurt, and his car suffered damages and was clearly in need of repair. His losses warranted him to make a compensation claim against the drunk driver. As they were intoxicated whilst driving on the road, and were not paying attention, they caused the accident. Therefore, they are the one who needs to pay compensation to help Thomas get his car fixed and potentially help with his wife’s injuries.

What should you do at the scene of a car accident abroad?

Whether you are involved in a car accident abroad or were on a motorcycle or bike, one of the first things you need to consider is your safety. Have you been hurt in the collision? If you are suffering from bad injuries then you should go to the hospital to get treatment, however you may also want to go to get a medical report (aka. proof of your injuries). You should also consider phoning the police to have a police report created about the car accident. This report can be copied so that you can use it as evidence once you take the case to court.

You should also:

Make notes about the accident.
Take photographs and videos of the accident (including any images of the car’s number plates and the position of the vehicles and environment).
Ask the other driver for their insurance driver.
Take statements/notes from witnesses (make sure to also take down their contact details)
Ask for a translator if you cannot understand the language

European Accident Statements

Now, this depends on whether or not you are driving in Europe. However, most insurance companies will give their drivers a European Accident Statement (EAS). These are statements that can be provided at the scene of an accident. It is a form that comes in various languages and states standard facts about your rights and insurance claims. Make sure to only sign this form if you fully understand the situation and the accident you have been party. You are entitled to receive a copy of the accident statement to be used as evidence in your claim.

If you do not have an EAS then you will need to write down the following information about the accident and driver:

The date, country and place of the accident
Contact details and name of the other driver
The contact details of the other driver’s insurer
Registration number of the other vehicle
Registration country of the other vehicle
Type of vehicle involved in the accident
Names & contact details of the witnesses
Information from police reports
Circumstances behind the accident and whether the parties agree on them

Hired Cars vs Your Own Car

Another thing that you will need to consider during your accident is the type of vehicle you are driving. It is likely that you will not be driving your own vehicle, and will most likely have hired a car. That’s why if it gets damaged it is your responsibility to tell your insurer and the hiring company precisely what happened. That way they can make preparations for you to get a different vehicle and make sure your insurance pay-out is fully arranged.

As you can see, there are a few differences when it comes to dealing with an accident claim in a hired car vs your own car. In any sort of rented vehicle, you need to remember that this is not actually your car. It is a loan. Think of it like you are renting a flat. The only way to get your deposit back is to make sure that that flat is in tip top condition or in the way that you left it. A rented car needs to be in a similar condition. If there are any problems then it will need to be reported immediately. Do not try to do any repairs on a rented vehicle. Instead, tell your rental agency about the problems with the vehicle. They can sort out the repairs for themselves or approve of any repairs you want to make.

How can a lawyer help you with your car accident abroad?

Road traffic accidents are some of the most common cases that lawyers deal with. However, these claims can get more complicated if they happen abroad, due to differing legal codes. This is why they can be extremely difficult to deal with on your own. Not only could you be suffering from your injuries, but adding on the extra stress of a claims case can really have an impact on your mental health and recovery time. This is where an experienced traffic accident lawyer can come in handy.

Your lawyer will know exactly what sort of compensation you could be looking at. Their main aim is to prove that you suffered losses due to the accidents. This includes:

Physical Injuries
Emotional Trauma
Damages to your vehicle
Financial losses
Medical expenses

A trained traffic accident solicitor will go through your case and pick out important evidence to support the fact that you were not at fault for the accident. Any compensation claimed will be to return you to the place you were before you had the accident. Therefore, they will be able to make a rough estimate about what you could potentially be owed. It is useful having this experience on your side. It will help you avoid any potential pitfalls that could invalidate your claim.

Gowing Law’s traffic accident solicitors can help you!

If you are ready to get the compensation that you deserve, it’s time for you to get in contact with Gowing Law Solicitors. Our trained car accident specialists know exactly how to get you the outcome that you deserve. Let them know as much as possible about your claim and they can get started.

Gowing Law’s specialists can offer you free advice and consultations about your claim. We can do this remotely if you are worried about Covid-19. This means that we can communicate over a phone or video call. We can also send you important documentation over email to ensure that we can lessen the spread of the virus. If you decide to work with us, our experienced solicitors can offer you their services on a ”no-win no-fee basis”. That means even if they do not win your case, you will not need to pay out for any fees. There is no risk, therefore you should get in contact with us as quickly as possible.

Make sure that you get your claim in as quickly as possible. Covid-19 has created a long backlog for the judicial system in the UK. That means there is a higher chance that it will take longer for your claim to process. So, let us know how we can help you as quickly as possible! Call 08000418350, email info@gowinglaw.co.uk or use our direct messaging chat located on our contact page. From there, a member of our team will be in contact with you as quickly as possible to answer your questions.

Ready to learn more about traffic claims?

If you want to learn more about traffic accidents in the UK, our blog has a number of interesting articles that cater to your interests! This includes information about traffic accident claim evidence and accidents on public transport. We also talk about financial mis-selling, personal injuries and accidents at work. These blogs are the perfect thing to brush up your knowledge on any sort of claims case. They will also help you understand your claim before you get in contact with your solicitor.

Keep an eye on our blog. We update it every week with new content! If you want to see us cover a certain topic or want to sign up to our weekly newsletter, let us know! Email info@gowinglaw.co.uk and we will listen to all of your suggestions. Our helpful team will be in contact with as quickly as possible to answer any additional questions.

We wish you the best of luck with your traffic accident claim and look forward to seeing you in our next blog.

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