Category: Traffic Accidents

What should I do if I am involved in a hit and run accident?

Posted on September 3, 2020 by Hannah Fletcher - Accidents in Public, Blog, Traffic Accidents, Uncategorised

A hit and run accident can be traumatic. After all, one minute you are driving along the road or perhaps walking across a road, next minute another car has smashed into you and has simply taken off without providing any insurance details. Since 2006, it has been estimated that around 682,000 hit and run accidents happen every year. Most of the time the victims were riding a bike or were pedestrians. However, hit and runs can also happen to other vehicle drivers. That’s why you should not feel deterred to make a compensation claim.

You may be feeling a little nervous about getting compensation for your “hit and run” accident. After all, without a perpetrator, you may be asking yourself how you could even make a compensation claim to begin with. This is where Gowing Law can help you. All you need to do is get in contact with our specialist road traffic accident (RTA) team as quickly as possible. We can take you through your claim and let you know how our lawyers can help you. Click the button below to learn more about traffic accident claims:

What is a “hit and run” accident?

Normally, when you think about “hit and run” accidents, you think about screeching tyres, a car striking another vehicle or a pedestrian and then fleeing from the scene of the crime. Well, honestly, they don’t have to be dramatic. Usually, they involve someone getting hurt and the person “at fault” leaving the scene of the crime. A vehicle doesn’t even need to be moving for it to be a hit and run. If a vehicle backs into a parked car an drives off then this is still an example of a hit and run.

Of course, no one likes to admit that they messed up when they were driving on the road. You might feel that if you did this by accident you would be naturally inclined to leave the scene as quickly as possible to avoid punishment, an altercation with an angry driver or pedestrian or even to avoid talking to the police. However, this is still illegal. If you were caught doing this then damages will be pressed, including:

Fines
Criminal records
The loss of your driver’s licence
Points on your record
Jail time

What should I do if I am involved in a hit and run accident with no witnesses?

Naturally, you may feel confused about what you should do if you have experienced a hit and run accident but there are no witnesses to prove your story. If you were the cause of the accident, you should leave your contact details and go to file a police report. This would mean that the accident is not considered a hit and run. If you were on the other end of the accident then you should make sure to collect as much evidence as possible. That way you can prove that you were hurt and that the person responsible fled the scene.

What should I do if I have been involved in a hit and run accident?

One of most important things that you should do is treat your hit and run accident like any other RTA or crash on the road. Whilst you may not be able to prove who was responsible for the accident, you can show that you were not at fault. This is why you should contact an experienced lawyer to help you with your case. It is going to be difficult to get compensation if you go about it on your own, especially if the other driver’s identity remains a mystery. But a solicitor can help you:

Here is what you should do if you have recently been involved in a hit and run accident:

1. Try and identify the other driver involved in the accident

Unfortunately, not every hit and run case can end up with the other driver being identified. That’s why you need to write down as much distinguishing information as possible. This will help the police to identify the culprit responsible for your accident. Try and write down the information whilst you still remember it. You may also want to consider:

Distinguishing features about the other vehicle (i.e. the colour, the model, the licence plate or any dents or indents that could be recognisable.)
Any distinguishable features of the driver (i.e. what they were wearing, their physical appearance)

You should also ask witnesses about whether or not they saw anything that may have stuck out in their minds. You should also consider any nearby CCTV devices or recordings for clues. Who knows, you may be lucky and see a clear image of their driving plate. Remember, you are doing this to help with the police’s investigation, as well as gather evidence for your own case.

2. Take down evidence of your own damages

Although you should prioritize your safety above all things, if you can collect evidence from the scene of the crime then this will really help your case when or if it is taken to court. You should take pictures of your injuries and damages to prove that you were hurt. Additional evidence may include:

Videos of the incident or of the other driver (including CCTV and dash-cams)
Witness statements and testimonies
Medical reports
Police reports
Receipts and evidence of expenses
Damaged equipment
Diary Entries

Remember that you can collect evidence both during and after the accident has passed. For instance, you may not be able to get a medical report of your injuries until after you have been to hospital or have gone to A&E. You should always get a check-up just to make sure that you are okay. That way you can avoid your injuries getting any worse. You will also want to consider getting evidence that your property has been damaged, i.e. any valuables that were in the car at the time.

3. Visit the hospital

As we stated before, the most important thing that you need to prioritize over anything else is your own health. If you have been severely hurt due to a hit and run, it’s very likely that you may end up with very severe injuries. Getting medical help can add to the evidence that you have already accumulated for your claim. Make sure to call an ambulance for help or get someone to do it for you.

4. Contact other emergency services

Naturally, if you have been hurt then you should immediately call for an ambulance. But you should also contact the police as well. A hit and run accident is a crime and you will need to have it reported as quickly as possible. You may also want to consider claiming for criminal injuries. Having the police inspect the area can help collect evidence and can also give you the opportunity to get a police report. Police reports are unbiased and can prove that you were not at fault for your own injuries. Make sure to comply with the police’s investigation to ensure that a conclusion can be reached as quickly as possible.

Your timeline of events should look something like this:

Why should I get a solicitor to help me with me with my hit and run accident claim?

Honestly, when it comes to hit and run accident claims, they can be extremely stressful. Not only do you have had to endure a traumatic injury, but you most likely don’t even know who the culprit is! This can only get worse if you have had property and equipment damaged in the process. Basically, you are going to be extremely stressed and also in the process of recovering. The last thing you need is a court case also looming over your head. With the current pandemic and backlogs within the UK court system, you need all the help you can get. This is why it is so useful to have a solicitor on your side.

Your RTA solicitor can work on your behalf to ensure that you have the strongest case possible. Without a potential party to name as liable for your injuries, your clam could get complicated. A lawyer can show your evidence in its best light. This way you can get the highest amount of compensation possible.

What can I claim for exactly?

One of the most important things you need to understand about any sort of compensation claim are the damages that you are claiming for. Most people assume that they can only claim for physical injuries and that these will be paid out of the other party’s vehicle insurance policy. However, you can claim for other types of damages. These include:

Emotional damages
Damages to equipment
Financial damages
Loss of opportunity (i.e. promotions and wage increases)
Medical damages

Discuss these carefully with your lawyer. Your evidence should back up each of these damage claims. For instance, the hit and run accident may have damaged your wall, which fell over and hurt you. Because you could not go to work, you could not collect your wage and you may have even lost out on a promotion. All of these damages add up. Your solicitor can make sure to frame them so you get the biggest pay-out possible for your damages.

How much could I claim for hit and run accident compensation?

Now, whenever we are asked this type of question, the answer tends to be something like “how long is a piece of string?” Honestly, the amount you could receive in compensation depend on the extent of your injuries and damages. For instance, someone who has lost a limb has suffered life-changing injury, therefore they may end up getting a seven figured pay-out. However, someone who has only broken their arm may get less.

Your solicitor can help estimate your losses and come up with a potential figure you could claim for. Make sure to bring as much evidence as you can to your solicitor. This could influence the total compensation amount you could get.

How long will it take to get my compensation?

Again, this depends on the complexity of your case. As you are the victim of a hit and run accident, there is no other party to get compensation from. This means it will take more time to clarify your damages and how much you could be owed. Be patient with your solicitor and make sure to keep track of your time line. Your lawyer would be more than happy to let you know what stage it is at and what needs to happen next to move forward with your claim

Gowing Law Solicitors can help you with your RTA claim!

Whether you have suffered from a hit and run accident or perhaps just a normal car accident, Gowing Law Solicitors are here to help you. We understand what position you are in and want to help you get the compensation that you deserve. We can offer you free advice and remote consultations to get you started. If you are happy with this, and want to work with our solicitors on your case, we can offer our services on a “no win-no fee” basis. That means there will be no hidden fees and you will always come out on top.

Contact us today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger on our contact page. Feel free to check your claim with us! One of our team members will then be in contact to help you. They would be more than happy to answer any additional questions you may have.

Learn more about road traffic accident claims

We are proud to have a blog that we keep updated every week with new content. Make sure to keep an eye on it to see what the latest information about UK law is! If you cannot find what you are looking for, make sure to let us know! We would be more than happy to write about your suggestions. Send them into info@gowinglaw.co.uk.

We look forward to seeing you in our next blog!

Can I claim as a passenger in a car accident?

Posted on August 17, 2020 by Hannah Fletcher - Accidents in Public, Blog, Traffic Accidents, Uncategorised

As a passenger in a car accident, you may feel a little shocked about what has just happened to you. You were not put in a position to actively control the vehicle. Instead, you put your trust in the driver. Due to this, you are now are being forced to take time off work because of your injuries. It’s important not to blame yourself if you are involved in a car accident. You were simply in the wrong place at the wrong time. That’s why you could be owed car accident compensation for your injuries.

If this has happened to you then should reach out to Gowing Law Solicitors to help with your claim. Passengers who are involved in car accidents cannot be seen as liable. That means you have a high chance of getting a large pay-out to compensate you for your damages. Gowing Law can get you the justice you deserve and help you recover from your losses. Contact us today!

Why am I “not at fault” as a passenger in a car accident?

If you are a passenger that has been involved in a car accident, you are more of a victim of circumstance than someone who could have been held accountable for the accident. You were not the person behind the wheel of a vehicle. Instead, you are known as a “third party”. That means you were involved in an accident but were not the cause of it. You were just a victim of bad luck. Even if you were distracting the driver, it is their responsibility to keep their attention to the road. Any accidents that happen are not your fault.

The vehicles you could be a passenger of include:

Cars
Motorbikes
Bikes
Public Transport

Can I claim compensation from any other party?

In special circumstances you could claim for compensation from a different party, outside of the drivers who were involved in the accident. After all, not all car accidents are caused by a negligent driver. Instead, it may be due to the environment of the road, bad weather or even due to engineering work or the basic design of your car. In these cases, you could make a car accident claim against:

Local authorities/government to fix faulty road surfaces, change broken street lamps or sort out potholes.
The engineer to fix any broken parts of the vehicle that they could have damaged when they last looked at the vehicle.
The manufacturer of the vehicle to have it replaced with a non-faulty vehicle.

If you have been a pedestrian in a car accident, you should bring up these options with your solicitor. They can make sure to help you figure out who is the responsible party to collect compensation from for your damages.

What sort of injuries could I suffer from?

Passengers have a few responsibilities in the vehicle to keep themselves safe. This includes wearing their seatbelt and not distracting the driver. A passenger in a car accident can still get hurt though, even if there is an airbag to try and cushion the blow. They could suffer from whiplash, internal bleeding or broken bones. In the worst case scenario, they could even lose limbs or suffer from head, spine or brain damage.

Whether a passenger has suffered from life-changing injuries or small wounds, they still have the right to make a claim for compensation against either party involved in the accident. Ultimately, it is up to them to decide whether or not they think the claim is worth their time and money. If the pay-out they get in return is very small then it is likely not worth pursuing.

Additional injuries may include:

Bruises, bleeding and fractures
Broken bones
Glass injuries
Burns
Paralysis and nerve damage
Back trauma
Fatalities

Let Gowing Law Solicitors know exactly what physical injuries you have and we can help you understand how much you could claim for your damages.

How will the drivers pay for my compensation?

Here at Gowing Law, we understand if you feel a little nervous about making a claim against either of the parties responsible for the accident. After all, they may be dealing with general and special damages claims from the other people involved in the accident. However, if you make a claim you will not be asking the person responsible to pay directly from their own funds. Instead, they will be paying from their vehicle insurance. If they do not have insurance then this could increase the amount of compensation that you are owed. After all, it is illegal to drive any vehicle without insurance. If this does happen to you, make sure to report the vehicle and driver to the police. You can then use the police report to serve as evidence for your case.

Can I still make a compensation claim if I was in the vehicle responsible for the accident?

It’s a bit of a common myth that if you are a passenger in a car accident, you can only claim compensation if you were inside the vehicle that was not responsible. However, this is not the case. You can make a claim because ultimately you were not responsible for the accident. As you were not in charge of the vehicle, it is the responsibility of the driver to keep you safe. You can even make a claim if:

The driver of your vehicle was distracted.
A mobile device or phone was used during driving.
Your driver disregarded the advice of road or speed signs.
The person driving the vehicle was under the influence of alcohol or drugs

Just keep in mind that whilst you can claim compensation, if you knowingly got into a vehicle with someone who could easily breach their “duty of care” whilst driving on the road, the amount of compensation you receive could be lessened. However, this is rare. In fact, in most cases it won’t impact your passenger settlement in any way at all. But it is something to be aware of. If you feel like you were partly responsible for an accident, speak to your solicitor about it. They can help you understand whether or not your compensation will be affected by the individual circumstances of your case.

What kind of damages can I claim for as a passenger?

Just like a vehicle owner, a compensation claim will take into account all of the damages that you have suffered. These are separated into “general damages” and “special damages”. General damages take into account your physical suffering (i.e. physical and emotional trauma). Special damages will help you get compensation for your financial damages. Take a look at the infographic below to see more information on what exactly you could claim for as a passenger in a car accident:

The more evidence that you keep about your damages, the more likely it is that you will be able to claim for more money. After all, you are not just putting forward a “he said-she said” case. You are demonstrating what your damages are, how you were damaged and the evidence to prove they happened. This should ultimately show that you were the victim of the accident and deserve to be compensated for your losses.

What evidence can I use to support my claim as a passenger in a car accident?

The more evidence you have to prove that you have a legitimate claim, the higher your compensation pay-out is going to be! That’s why it’s always better to have too much evidence than too little evidence. Now, you can take evidence from the scene of the accident or from the difficulties you encounter after the accident. You are trying to prove that you are victim of damages, therefore any problems you encounter in your day-to-day life thanks to your injuries can show that you are owed compensation.

Evidence you should consider includes:

Photographs of your injuries
CCTV Footage
Dash-Cam footage and video footage
Witness Statements
Police reports
Medical Reports
Financial Receipts
Communication with your insurance provider
Diary entries

Of course, if you do get hurt, make sure to put your safety above everything else. You can collect evidence later on. Just make sure to get yourself checked out for injuries so that anything hidden away does not get any worse.

What should I do if I am a passenger involved in an accident?

As stated previously, as a passenger in a car accident, the first thing you should do is get out of the vehicle and try and contact emergency services as quickly as possible. They will help you with any injuries and make sure you get treatment for internal damages. You may also want to contact the police so that a report can be taken down of the accident. If there is another party involved in your accident (i.e. another driver) you should leave your driver to speak to them about insurance details and contact information. However, you may want to note down their licence plate.

If you are well enough to collect evidence, if you see any witnesses then make sure to take down their statements or their contact numbers. You should also take photos of your damages and see if there are any other recording devices around the area (i.e. CCTV). But make sure you are well enough to do this. If not then focus on your own safety above anything else.

What should I do if the other party responsible for my injuries will not admit it?

Road traffic accidents (RTA) are complicated. This is because no matter what type of RTA claim you are involved in, the circumstances will always be different. In most cases, a settlement agreement will be drawn up between the different parties. That means that you will get an agreed amount of money for your injuries. However, if the party responsible does not admit to your damages, it is up to you and your solicitor to push forward with the claim. You need to use your medical records and evidence to come up with a settlement agreement. If they still refuse, you can bring the case to court. Here a judge will decide on whether or not you are owed compensation for your losses.

How much could I claim as a passenger in a car accident?

The amount you get from compensation depends on the extent of your damages and how bad your losses are. The more you have suffered, the more likely it is that you will get a bigger pay-out. Speak to a solicitor about getting an estimate for the amount of compensation you could be due. They can look at your evidence and your damages and give you a rough amount. Keep in mind this may change during the case or if you have a settlement agreement.

How long will it take to make a car accident claim?

Unfortunately, due to the current Covid-19 pandemic, it may take longer than previously to get you your compensation. As the UK courts were shut down to protect the public, there is now a backlog of cases. The UK courts are also prioritizing some more urgent cases over others. This is why you need to get in your claim as quickly as possible. That way the delays will not be too severe when it comes to your case. Speak with a solicitor to figure out a timeline or how long is required to deal with your claim. They can keep you updated.

Work with Gowing Law Solicitors on your car accident compensation claim

Here at Gowing Law Solicitors, we understand that any type of road traffic accident can be traumatic to all parties. That’s why we want to help you get the compensation that you deserve. Our trained solicitors in Manchester can offer you free advice and consultations remotely to get you started. If you are happy with this and decide to work with us, we can work with you on a “no win-no fee” basis. This means even if we do not win your case, you will come out on top. That means there’s no risk to stop you from making a claim.

If you are ready to work with us, contact Gowing Law Solicitors today at 08000418350, email info@gowinglaw.co.uk or use our direct messenger located on our contact page. One of our team members will then get in contact to help you with your claim.

Learn more about traffic accident claims

We pride ourselves on having a law blog that is kept updated with the latest legal advice and information about the UK courts. Take a look through our blog page to read up about different accident claims and how we can help you with your claim. If you cannot find what you want to read, let us know! We would be more than happy to write about your suggestions or questions. Email info@gowinglaw.co.uk and we will write an article about your request as quickly as possible.

We look forward to seeing you in our next article.

Are you owed special damages from your road accident?

Posted on July 27, 2020 by Hannah Fletcher - Blog, Traffic Accidents, Uncategorised

A road traffic accident can be extremely traumatic. Even if you are only involved in a minor crash, it can leave you injured, feeling afraid of the road and can damage your vehicle. That’s why you may be considering claiming compensation from the party at fault. Now, most people think that when you make a claim, you are solely claiming for your injuries. Well, you can actually claim for a lot more than just that. The point of compensation is to return you to where you were previously, before you had the accident in the first place. This means that you can actually claim for other damages that happened in the accident. These are known as special damages.

So, what are these special damages and how do they relate to road accident compensation claims? This is what this blog is going to uncover!

What sort of Road traffic accident (RTA) have you had?

Before we jump in to the type of special damages you could be owed, let’s focus on the basic facts behind road traffic accidents to get you started. You can have a road traffic accident in any sort of vehicle. This can include cars, public transport, motorbikes or even if you are a pedestrian. Your claim depends on the negligence of the other party and how bad your injuries and losses were. The cause of your accident could have been caused by a number of factors. Take a look at our infographic below to learn how you could have been hurt in your accident:

As you can see, there are quite a few ways that you could get injured whilst you are on the road. Usually, it is due to the negligence of other drivers. However, there are circumstances where your environment or vehicle could also play a part in your accident. That’s why it’s important to understand who is responsible for your injuries. In some cases it will be the other driver, but who will you go to if you have hit a pothole or if your vehicle breaks down? You may have to consider other types of parties, like:

Local government
Car Manufacturers
Engineers/ Repair Dealers

Discuss who you are going to claim against with your solicitor. The sort of party you claim against may ultimately change how much of a pay-out you receive. You may even be asked to discuss a settlement before you even go to court.

Liability: Who is to blame?

Before we move on to discuss special damages, an important point we need to bring up is liability. Liability means “who is at fault”. So, when someone is liable for a damage, it basically shows that they were the ones that caused the damages in the first place. Therefore, they are now responsible for providing compensation through their insurance to the party that was injured.

You need to figure out whether or not you were truly the party that deserved compensation. After all, there are ways that could make you responsible for the accident too. Were you wearing a seat belt during the accident? If not then the amount of compensation you are owed could be lowered. Worse still, you may even have to claim partial compensation.

Make sure to consider all of the factors and evidence of your RTA before you make your claim. That way you can avoid any pitfalls in your case.

General Damages: What are these?

Now that you understand what caused your accident in the first place, you need to figure out what you can claim for. Yes, you can claim for your injuries. A road traffic accident can leave you with severe damages that won’t heal overnight. Instead, it may be months before you are back on your feet. Worse still, you may be left with some sort of disability or impairment. Physical injuries are known as “general damages”. They are awarded for the pain and suffering of the claimant. These damages may also be awarded for loss of amenity. A loss of amenity means that you are now suffering from injuries that prevent you from doing normal activities (i.e. going to work or socializing with your friends).

These tend to be the most common damages that you can claim for. However, there are things called “special damages”. These are awarded for damages that occur outside of physical injuries.

Could I be owed special damages?

Yes! You could be owed special damages if you are the victim of a road traffic accident. You see, special damages are not the same as physical injuries. The other party pays from their vehicle insurance to help restore the losses you may have experienced in your accident. These losses may have included:

Damages to your vehicle
Emotional trauma
Financial losses (aka. wages, engineering work, rehabilitation treatment)
Medical expenses

The point is, an accident on the road can make you feel like time has slowed down. It will take you a while to recover. This means in the future you are going to struggle to keep up with your daily routine. For example, if you were involved in a bike accident, how would you travel around if your bike was destroyed in the collision? Claiming special damages can help you get compensation to potentially afford a new bike and any other gear that might have been destroyed in the crash.

If you are feeling a little bit confused about what you could claim for, have a look at our case study below. It may give you some hints about what you can state are your losses. Just remember, each RTA is completely different. Your case is going to be different from any other case. That means that you are going to have to think about the circumstances behind your accident. Consider what you will need to pay for and how the compensation will help you heal from the accident. This will put things into perspective about what you are going to need the compensation for:

Additional Examples of special damages in a road traffic accident

If you have experienced very specific losses due to your road traffic accident, it can be difficult to decide whether they fall in the category of general or special damages. Either way, you can claim for these losses. However, it will help your case if you know precisely what you are claiming for. Let’s have a look at a case study to see if you can figure out which losses are general and which are special damages:

Did you manage to guess the answers about what Lewis could claim for? If you guessed:

General Damages: Whiplash and broken ribs due to the other party’s negligence.
Special Damages: Damaged vehicle, payments for rehabilitation therapy & medication and emotional trauma.

You were right! The best way to distinguish between the two is whether or not they were physical damage and had an impact on how you felt in your daily life, or if they made you lose money after the accident happened. Here are some more examples of special damages just to help you get more of a sense of what you could claim for:

Long-term medical payments (i.e. physiotherapy)
Transport expenses
Wage losses
Job losses
Damaged equipment/personal property

Can I claim for both types of damages?

Yes, you can claim for both categories of damages from a road traffic accident if you have the evidence to back it up. However, you must keep in mind that it can be more difficult to claim for general damages than it is for special damages. This is because you are calculating expenses that are directly due to your road traffic accident case. So if you keep your receipts or medical records, it should be pretty easy to see what losses you have made.

However, general damages rely on you proving that the pain and suffering did cause you significant damages. Having a solicitor available to help you with this will help you to claim maximum compensation for both sets of claims. You may not have the experience needed to fully understand how to do this yourself. However, having a trained legal professional on your side can help take the stress off you whilst you recover from your injuries.

Do you have your evidence prepared?

No matter what sort of claims case you have, be it an accident at work case or a public injury case, you need evidence to prove that you suffered from damages that were outside of your control. When you are involved in a road traffic accident, the first thing that you should be thinking about is your own safety. If you are injured badly then you need to go to hospital. However, if you do not think you have suffered from any severe injuries, you will need to take down the other person’s licence plate number and ask for their insurance number. You then will want to take:

Photographs of the accident environment and your injuries
Videos of the scene of the accident and your injuries
Witness statement and contact numbers
Police statements
CCTV footage
Diary entries (to prove emotional damages and difficulties in daily activities)
Receipts for expenses

Don’t be afraid to call the police if you want the accident to be documented in a police report. These can be useful if you want an unbiased statement to help with your claims case.

Do special damages apply to all vehicle accidents?

They do! It doesn’t matter if you were hurt in a car, van, on public transport, on a motorbike or if you were simply crossing the road. Each road traffic accident is different for each claimant, however that does not mean that you should not be able to get compensation. Your situations may differ, but if you look carefully at the evidence that you have already then you should be able to separate it in to general and special damages. That way when you start to work with a trained legal solicitor, you should be able to understand exactly what you can claim for. Make sure to file away your evidence so that it can be organized by your legal advisor quickly and efficiently.

How much could I claim from road traffic accident compensation?

Now that you understand the types of compensation that you can claim for, you may be wondering how much you could claim overall. This depends entirely on the amount of damages and losses you have suffered. Some people may be able to claim thousands if they have the evidence to back up their claims. Your solicitor can estimate the amount you can be owed, so make sure to get in touch with legal help as soon as possible. You don’t want to wait just in case you lose evidence!

Gowing Law Solicitors can help you with your road traffic accident claim!

Here at Gowing Law, we understand that any sort of road traffic accident can be traumatic. They can leave you feeling vulnerable and unsure about how you are going to move forward with the future. This is why are our trained solicitors in Manchester are here to help you with your case. Our lawyers are experts in RTA claims and know exactly how to get you the highest form of compensation that you deserve. They can offer free advice and help about your claim. We also can work remotely to help you if you are feeling nervous about the spread of Covid-19.

Once you are ready to go forward with your claim, you can work with Gowing Law on a “no win-no fee” basis. That means no matter what the outcome is of your case, you will always come out on top. You will not have to pay any fees if we do not win you your compensation. So, what is stopping you from making a claim?

Contact Gowing Law today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by clicking on our contact page. From there, one of our friendly team members will get in contact as quickly as possible. Feel free to ask them any questions about your case.

Want to learn more about road traffic accident claims?

Gowing Law is proud to present our clients an informative blog that is full of interesting law articles. Are you interested in learning about the basics of your claim before meeting a solicitor? Well, our blog is the place to be. We update it every week with new content that can help you understand exactly what you can claim for. Should you want to learn more about RTA claims, why not check out some of our blogs below:

If you scroll through our blog page, you can also find content about work & public accidents, criminal compensation claims, cosmetic negligence and financial mis-selling. Don’t see what you are looking for? Why not write in to let us know what topic you want us to cover? Send in your thoughts to info@gowinglaw.co.uk!

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

Pedestrian Safety & Covid-19: What you need to know

Posted on July 10, 2020 by Hannah Fletcher - Accidents in Public, Blog, Covid-19, Traffic Accidents, Uncategorised

Pedestrian safety is a big issue nowadays. Not only do pedestrians need to worry about being involved with accidents with traffic but there is always the threat for non-drivers of Covid-19 on public transport and in crowded areas of cities. Pedestrians are the most vulnerable road users as they can dart out on to the road without much warning, especially if they are trying to avoid coming into contact with groups of people. That’s why if you are vehicle driver, you need to keep an eye out for them. If a collision does happen, it is very likely that the pedestrian involved could sue for pedestrian accident compensation.

It is important that pedestrians feel safe if they are crossing the street, even if they are socially distancing from others on the street. However, if you have been involved in an accident whilst crossing a road, Gowing Law Solicitors can help you. Read our blog below to learn more information about pedestrian safety during the pandemic.

Pedestrian Safety & Road Traffic Risks

As a pedestrian, you are always at the risk of being involved in a traffic accident. Even if you are following the pedestrian rules of the road. According to a study in 2015, on average 14 pedestrians are seriously injured every day. Think about it this way. A pedestrian is not protected by a vehicle shell, similar to motorcyclists and cyclists, and therefore if they are hit by a vehicle, it is more likely that they will sustain greater injuries that could potentially be life threatening.

Pedestrian traffic accidents may include:

Hit and Run
Speeding vehicles
Darting out during changing traffic lights
Drunk Driving
Vehicle left hand turns
Reversing vehicle
Being “Doored”
Being pushed in to traffic
Illegal vehicle manoeuvres

As you can see, the roads can be extremely dangerous for pedestrians. That’s why, if you are a car driver, it is important to keep an eye out for them. This is because you have a duty of care towards everyone who uses the road. Pedestrians will need to cross the road, therefore you need to look out for them as well. That way you will to get yourself involved in a collision or a future pedestrian accident compensation claim.

Covid-19 & Pedestrian Safety

Now, Covid-19 has turned the world upside. Not only has the UK been through a lock down period, but now that it is easing, there is still a likely chance that a second wave will hit the country. People are going back to work and are creating social bubbles to try and reintegrate themselves in to society. That’s why it is more than likely that more people will be going outside and using public transport to get to quieter areas. If you are a pedestrian, you need to make sure to follow strict social distancing regulations to ensure your safety, as well as the safety of others around you.

To avoid catching Covid-19, you may want to consider following some of these safety regulations:

These are only a few of the examples of how you could socially distance as a pedestrian. In some cities they are considering putting up social distancing signs in crowded areas. Other places may even change the speed limit of their roads in order to promote bicycle and pedestrian use. One of the biggest changes is also in relation to traffic lights. In order to alleviate fears of spreading germs by touching a crossing button, the traffic light system may even become automatic or have a touchless feature installed to help pedestrians cross.

Active Travel & Pedestrian Safety

Another thing that drivers will need to be aware of is “active travel”. According to the BBC,

‘Transport Secretary Grant Shapps ordered English local authorities to make “significant changes” to give more space to pedestrians and cyclists. He said he would be setting up a £250 million emergency fund to encourage what he called “active travel”.’

This emergency fund was created in order to encourage more pedestrians to use the city streets for cycling and walking. This includes using the money to create temporary traffic orders that can install cycle lanes, create zebra crossings, close streets to traffic, and widen the pavement. Basically, it is to encourage more people to actually use the public space for walking. In turn, that means you are going to have to be aware of more people crossing roads. You do not want to be the reason behind an accident due to these changes. Instead, you will have to be aware of pedestrian safety measures.

Keep aware that the pandemic is going to change how we travel, as well as the use of cars and motorised vehicles on the road. The more pedestrians use the street, the more likely it is that a collision may happen. That is why you need to stay alert when driving.

Pedestrian vs Driver Negligence

If you are a pedestrian that has been involved in a traffic accident with a vehicle, one of the most important things that you can do is prove that you were not at fault for the accident. Many pedestrians believe that traffic accidents are solely caused by the driver. This is because they are more protected and so have more “responsibility” whilst they are on the road. Well, this is certainly not the case. Not all pedestrian accident claims result in the driver being at fault. In fact, there are a number of case outcomes where a pedestrian may be at fault for the accident. This is the sort of case where the pedestrian will not be awarded compensation even if they have suffered from injuries.

Examples of pedestrian negligence may include:

A pedestrian being distracted by their phone
A person crossing the road trying to beat an oncoming vehicle
People distracted by talking to each other and not watching the road

So, should you make a claim, it is important to know whether or not you were the main cause of the accident. If you were at fault for the traffic collision, it is unlikely that you will be able to get compensation.

What should I do if I have been in a traffic accident?

If you have unfortunately been involved in a car accident as a pedestrian, you may have experienced injuries that need to be looked at by a medical practitioner. These may only be minor, but in other cases you may also have sustained broken bones or traumatic head, spine and brain injuries. Make sure to focus on your injuries before taking down any evidence of the accident. Your health is what really matters, so get examined as quickly as possible.

With that said, there are a number of ways you can strengthen your case against any other party if they are liable for your injuries. The most important thing you can do is find evidence to prove you are not at fault:

Take photographs and videos of the scene. You may want to take pictures of the environment to detail where you were and what time it occurred. That way the driver who hit you cannot dispute it.
Images and videos of your injuries can help detail the severity of how badly you were hurt. These will be crucial in determining the amount of compensation you are awarded.
Information about the other driver’s insurance details and images of their vehicle.
Take witness statements and contact details from people who saw your accident.
CCTV footage may have captured your accident. Ask your solicitor to help you collect this evidence.
Call the police to get a police report taken of the accident. You can collect a copy of this report.
Save all receipts that have come from your expenses (i.e. medical and lost wages).

What can I claim for?

Now that you know how to handle an accident that you are involved in, do you know what you could actually claim for? Pedestrian traffic accidents can get complicated, especially if you solely set your mind on claiming for physical damages.

A solicitor can help you consider other options of compensation that include:

Emotional damages
Financial damages
Broken goods/property
Medical expenses

Your financial expenses may include wages that you have lost due to being away from work or the time you have spent in hospital. You can also claim for any medications that you have had to pay for or even recovery therapies (such as physiotherapy).

Make sure to look at everything that has happened in your accident. You need to consider cause and effect, as well as how has your daily life been impacted. These are what damages actually are. From these, a compensation tally can be totalled.

How much money can I claim?

Pedestrian safety is extremely important when it comes to sharing the road. However, if you have become the victim of a car collision then you may be considering how much money you could claim. Now, the first thing you need to know is that each traffic accident claim is different. Some people who have experienced life changing injuries may be able to claim thousands. However, others may get hundreds. It entirely depends on the extent of your injuries, whether the other party admits liability and the evidence of your losses. The more you can prove, the more likely that you are going to get a higher pay-out.

How long do I have to make a road traffic accident claim?

From the day of your accident, you have exactly three years to make a claim. We would recommend waiting at least two weeks to see the extent of your injuries and to process any evidence. Once you have sufficient evidence and know the extent of your injuries, this is when you should get in contact with a trained road traffic accident claims solicitor. They can help you understand the claims process and take the stress off you. This can really help if you have suffered severe injuries and are trying to recover. You may simply not have the time to make a claim on your own, especially if you have to balance work with your hospital appointments and work commitments. We can help you balance your schedule and make your claim.

Gowing Law Solicitors can help you with your claim

Here at Gowing Law, we understand that pedestrian safety is key to helping people feel safe in public areas. It is not easy to recover from a collision with a car or any other type of vehicle. That’s why our trained solicitors are here to help you get the compensation that you deserve.

All of our experienced team in Manchester work remotely and so would be happy to assist you all from the comfort of your own home. They can offer free advice and consultations about your case. If you decide to work with our team of specialists, they can work with you on a “no win-no fee” basis. That means that you will not need to pay any fees if we do not win your case.

If you are interested in learning more about how we can help you with your RTA claim, please get in contact as soon as possible! All you need to do is call 0800 041 8350 , email info@gowinglaw.co.uk or contact us directly through our live chat. This is located on our contact page. One of our staff will then get in contact with you as quickly as possible.

Learn more about RTA claims!

If pedestrian safety near roads is something that you are passionate about, you will be delighted to know that we cover more about them in our blog section! This contains articles about different law issues, including safety and accident claims on the road. Take a look at some of our suggested reading below:

We also cover other topics about financial mis-selling, personal injury and accidents at work. Please let us know if you would like us to write about a question you may have. We would be happy to know your suggestions. If you message info@gowinglaw.co.uk we can also sign you up to our weekly newsletter.

We look forward to seeing you in our next blog!

Car Accidents & Whiplash: How much compensation could I claim?

Posted on July 6, 2020 by Hannah Fletcher - Accidents in Public, Blog, Covid-19, Traffic Accidents, Uncategorised

Whiplash is one of the most common injuries that comes from car accidents. According to the BBC, the UK is known as the ”whiplash capital of Europe”. Apparently, for every traffic accident that is reported in the UK, there are around 2.7 claims made to insurers. This means that there are around 8 in 10 personal injury claims made for traffic accidents compensation in relation to your injuries. If you wore a seat belt, and were struck in a collision, it is very likely that the impact caused injuries to your back, neck and spine. Whiplash claims may sound simple, but with the amount of fraudulent claims made about this type of injury, you may feel a little nervous about making a claim of your own.

Here at Gowing Law Solicitors, we are here to support you with any sort of road traffic accident (RTA) claim. That’s why this blog is going to discuss whiplash compensation claims in detail, as well as what to do if you have recently been involved in a traffic accident.

What is Whiplash?

If you have suffered from whiplash, most people will assume that you have merely suffered from a minor injury. However, this type of RTA injury can have lasting effects that could make you feel uncomfortable throughout your life.

Whiplash is caused when your vehicle experiences a sudden jolt or movement (aka. a collision with another car. This causes the ligaments in your neck to suddenly stretch, damaging them in the process. This sort of injury does not have to occur due to a high-speed collision. Instead, it can be low speed and doesn’t need to actually take much force to occur. Normally, the average speed for whiplash to occur is between 5-10 mph. So, as you can see, it does not take a lot for any sort of driver or passenger to suffer from whiplash injuries.

Whiplash: The Detailed Description

Should you have gone to hospital to deal with an injury, you may be experiencing severe pain in your neck and upper spine. During your accident, the impact of the other vehicle hitting your own will cause your body to jolt forward. This sudden movement causes a sprain around your spine that can quickly become inflamed. Your symptoms may include:

Headaches
Dizziness
Limited mobility
Soreness
Jolts of pain
Overly stretched moments
Lack of flexibility
Muscle damage

Whiplash can also occur outside of a car accident. Keep in mind that it could happen to anyone who suffers from slipping over something. For instance, if you suffered from an accident at work, you may have slipped on an unmarked puddle, your fall could have damaged your spine and caused you whiplash. Keep this in mind when you make your compensation claim.

What vehicles do whiplash accidents usually happen in?

Honestly, a whiplash accident can happen to any sort of driver or passenger. Think about it this way, usually the type of injuries you sustain in a vehicle depend on the size of the vehicle, the amount of protection it has and the severity of the impact. Therefore, if you had a motorcycle accident or an accident on public transport, you could have been thrown to the ground or perhaps hit a different hazard when you fell. This combined with the jolt and the lack of safety restraints (aka. seat belts) may have made your injuries worse.

So, make sure to speak to a solicitor about the vehicle that you were in during the accident. It could make a different to the type of RTA accident compensation claim you are proceeding with to court.

What will affect a whiplash injury accident claim?

One of the main things you need to know about compensation claims is that they are all unique. This is because there are so many different circumstances that can affect the accident. What you need to prove is that you were not at fault for your accident, i.e. that you are not liable for the other person’s injuries. This is what will determine whether or not you are due compensation. However, the amount of money you receive will also depend on:

Whether or not the other person involved in the accident accepts blame
How severe your injuries are

Medical evidence will be needed to prove how bad your injuries are, that means that it is more likely that your case will be drawn out in order for your doctor to accurately present your physical losses. You may want to wait around 1-2 months to see the extent of your injuries. That way you can know exactly what you want to claim for.

What is the claims process like for a Whiplash injury?

Normally, when it comes to a whiplash claim, there are four stages to make sure that your claim goes through without being invalidated. Working with a Gowing Law Solicitor can help you avoid any potential pitfalls and prove why you deserve compensation to help you recover from your injuries. Here are the basics of what you should expect if you want to go through with a road traffic accident compensation claim:

One of the most important things that you can do for any claims solicitor is to provide them with evidence. Whilst it does not matter whether or not anyone witnessed your traffic accident, if you do have evidence then this could show that you abided by the rules of the road. Instead you were forced to make emergency car manoeuvres to protect the people around you. That’s why evidence is crucial when it comes to proving that you were not at fault for your accident.

What sort of evidence do I need to prove I was not responsible for more injuries?

As you can see from Cathy’s case study, she suffered whiplash at the hands of a negligent driver. All drivers have a duty of care towards other road users. If they put them in danger then they have responsibility to help with their recovery through compensation.

If you want to prove that it was not your fault then you are going to need evidence. Once you have taken down the other driver’s insurance details, make sure to call the police to make sure that a police report is made. These police reports will detail the environment of the accident and take down both participant’s statements. This should show an unbiased perspective on the accident itself.

Additional evidence that can help your case may include:

Photographs
CCTV/Dash Cam/Video Footage
Witness Statements
Medical Reports
Diary Entries (Made on the same day)
Letters of Grievance
Reports made from witnesses about your future losses

What sort of losses can I claim for with a case of whiplash?

Before you think about your compensation claim as a whole, you need to consider what sort of losses have happened due to your accident. This can be more than just physical injury. Instead, you need to think of how the accident has impeded your daily life. How has it been negatively affected? That way, your solicitor can estimate what could help you return to your previous situation before you were hurt.

Losses may include:

Financial losses (aka. medical bills or lost wages)
Physical losses (aka. disabilities or injuries)
Emotional losses (aka. PTSD)
Vehicle losses (aka. a car that has been written off)

Your compensation costs will also cover any rehabilitation or therapies that you need to heal. Note down all of the potential losses you have made and the evidence to back them up. This will strengthen your case and show that you need financial assistance (aka. RTA compensation) to get back on your feet.

How long do I have to claim compensation for my whiplash?

Usually, we would recommend that you wait at least 2 weeks before you make your claim. However, you should claim RTA compensation within three years of the road traffic accident. The faster you make your compensation claim, the more likely that your solicitor can help you gather evidence to support you. Make sure not to rush your legal counsel. Whilst you may want to receive compensation as quickly as possible, if your compensation claim is complicated, it may need careful thought and a strategy put in to place to help you with your case.

How much compensation could I claim from a whiplash injury?

Now, this is where you have to be careful. Whiplash tends to be one of the most common accident claims there are when it comes to traffic injuries. That’s why in 2017, there was a crackdown in the UK about fraudulent whiplash injury claims. If your claim is genuine that means that you have every right to make a compensation claim. However, you do need the proof to show that you are telling the truth.

With that said, each RTA claims case is different. That means that the amount of compensation you receive will also depend on the extent of your injuries. If you can prove that you have been severely injured and that you do require compensation to help you with your recovery, you may get a bigger claim. If you have also experienced other injuries that could have caused you losses combined with whiplash, then again, you could be due a large amount of compensation.

Speak to your solicitor for more of an accurate estimate about your claim. Once they have your evidence and know all of the information of your case, they would be happy to give you a rough pay-out amount.

Gowing Law Solicitors can help you with your whiplash injury

Whether you want legal counsel or advice on rehabilitation centres, Gowing Law Solicitors is here to help you with your RTA compensation case. Whiplash injuries can have severe consequences on the human body. Some people can get away with having minor pain, others find it extremely difficult to move around. That’s why our experienced team is here to help you get the pay out that you deserve.

We can offer you free advice and consultation services. If you are worried about Covid-19, these can all be conducted remotely or through communication devices. If you do decide to work with our experienced solicitors in Manchester, we can offer our services on a ”no win, no fee basis”. That way there is no risk to losing money with your claim. Instead, you will always come out on top and get the result that you want. Any fees required by your solicitor will always be upfront.

Are you ready to get your compensation? Contact Gowing Law Solicitors now by calling 08000418350, emailing info@gowinglaw.co.uk or by using our direct messaging feature on our contact page. A member of our team will be in contact with you as quickly as possible to answer any additional questions you may have about your RTA claim.

Please get in contact with our teams as quickly as possible. Due to Covid-19, the courts may have a back up of cases that they will need to sort. That means that your case may take longer than you initially expected. The faster you let us know how we can help you, the better!

Ready to read more about RTA accidents?

Gowing Law is proud that we keep our website and blog updated with the latest content about UK legal matters. Covid-19 has caused the world to turn upside down. That’s why we will make sure you know exactly what to expect from any sort of claims case. Whether you want to find out more about road traffic accidents or perhaps want to know about financial mis-selling, like mis-sold PPI tax reclaims. We can help you get the pay-out you need to get you back on your feet. Keep an eye on our blog to check out the latest legal topics.

We are also accepting requests for content topics and have a weekly newsletter that goes out to our clients. If you want to learn more about any of these, or perhaps want to see a certain topic covered, feel free to email info@gowinglaw.co.uk. We would be happy to write about exactly what you want to hear!

We wish you a fast recovery with your whiplash injury and look forward to seeing you in our next blog.

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.

Can I make a public transport accident compensation claim?

Posted on June 11, 2020 by Hannah Fletcher - Blog, Covid-19, Traffic Accidents

Public transport accident compensation is not the normal type of claim that you would think of if you get injured on the road. Usually, you would think of car accidents or collisions on the road. You don’t usually associated public transport with accidents. That’s because you see them as having a “duty of care” towards commuters who utilize them. You pay to use public transport, therefore, you should not be scared about what will happen to you if you get into an accident.

In 2019, the UK government survey indicated that 4,513 buses and coaches were involved in accidents over the year. That is not even accounting for the amount of accidents that could have been involved on trains, ferries and taxis. Public accidents are more common than you think. That’s why you can get compensation to help you with your injuries.

You do not need to suffer in silence. Gowing Law Solicitors are here to make sure that you can recover, having all of your financial worries taken care of. It’s time to learn how we can help you with your public accident compensation claim!

What sort of public vehicles can I claim compensation for in an accident?

If you are using public transport, you may instinctively feel safe when you get on to the vehicle. This is because public transport drivers have received specific training to ensure the safety of all passengers when they in the vehicle. They know how to manoeuvre a large vehicle through traffic to ensure the safety of everyone on board, as well as other vehicles and pedestrians on the road. That is why when an accident does happen, it can come as a bit of a shock for everyone involved.

One of the most important things you need to know is that if a vehicle is registered as a form of public transport, then you can claim compensation if you have been involved in an accident. This could include:

Buses/Mini Buses
Trams
Taxis/Private Hire Vehicles
Ferries
Trains/Metros

It is important to remember that accidents do not need to solely happen on the road to have a public accident compensation case. They are not the same as car or motorcycle accidents because accidents can also happen in the interior of the vehicle. Most public forms of transport have large interiors because they need to transport a number of different people around the city. That means there’s more chance of their being a hazard during the commute. Our infographic below will have a little look into some of the examples of what sort of accidents you could encounter:

Different Types of Accidents

As you can see from our last, using any sort of public transport comes with its dangers. However, what is important is to distinguish the differences in these accidents. That way you can decide who is liable for your accident. In some cases it will be the company that owns that form of transport. For instance, if you were injured on a ”northern railway”, you may want to launch your complaint to them. However, if it is a violent passenger then you may want to involve the police and ask them to pay for your compensation. Each situation is completely different, therefore you will need to decide carefully who you wish to pursue. This may change the amount of compensation that you can claim.

The main cause of your accident could be due to:

A fellow passenger
The vehicle driver
Other drivers on the road
The manufacturer of the vehicle
The environment (aka. the responsibility of local government)

Be aware of the environment and what impact it could have on your claim. You may think that the cause of your accident was due to your driver. However, the accident may have occurred due to a broken traffic light. Lots of factors can make up a public transport accident case, this is why you make need a lot of different witness statements to build up a clear picture of what has happened. From there, you can go to your solicitor and they can help you find the real cause of your accident.

Covid-19 & Public Transport Accidents

Recently, the UK government has announced that new rules are being made in order to prevent the spread of Covid-19 amongst commuters. Although you may have your own private vehicle you will be legally required to wear a face mask if you do have to use public transport. This will be from the 15th June 2020.

You should be trying to stay at home as much as possible in order to lessen the spread of Covid-19, including working from home if you can. However, if you have no choice but to use public transport then you will need to:

Plan your journey to avoid busy commuting times.
Be prepared for delays due to less vehicles being on the road.
Keep a 2 m distance from different people on and off the vehicle.
Mix up the different types of vehicles you may be using.
Carry the right PPE for your journey, including hand gel, hankies and gloves.
Be aware of any surfaces that you may touch whilst on your journey.
Wait for other passengers to board and leave before you do.
If the public transport looks busy, you may want to consider waiting for the next vehicle to arrive.

Have you caught Covid-19 from public transport?

If you think that you have caught Covid-19 from the unsanitary/crowded conditions of the transport, then you will need to prove that you specifically caught it from that area. It can be classified as a public accident. The unsanitary conditions have caused a bio-hazard that have put commuters and the staff of the vehicle in danger. Make sure to take statements and evidence from people who traveled with you. You may also want to take video or photo evidence of the state of the conditions of the transport. This could be the deciding factor between claiming compensation from the owner of the company and not being able to any compensation whatsoever.

How much money could you claim from an accident on public transport compensation claim?

Now, one of the most important things to think about public transport accident claims is that each case is completely individualistic. It depends on the type of accident you have been in, the severity of your injuries and the type of losses you have made thanks to the injury. This can include:

Physical Injury
Emotional Injury/Trauma
Financial losses (i.e. from time spent off work)
Medical assistance (i.e. medication and recovery programmes)

The more severe your injuries, and the losses you have made, the more likely that you could receive a bigger claim. It is important to draw on the fact that a breach of duty has occurred. Therefore, it is their duty to compensate you from their insurance.

Overall, it depends on the extent on your injuries. The most common of traffic accident injuries is whiplash. For minor whiplash, you could claim over £3,000. However, for major whiplash you could claim between £50,000- $114,000. This is a rough estimate and, again, we would like to stress that it does depend entirely on the public accident injury case that you have been through. Build up your case with the help of an experienced RTA specialist.

How long should I wait to make a public transport accident compensation claim?

Do not wait to make your claim! This is one of the worst things that you can do. You are trying to recover from your injuries, therefore you need the appropriate funds to help you do this. Covid-19 may mean that there may be a backup of documents in the court system that could mean that your case is delayed.

To ensure that you receive the appropriate compensation in a reasonable amount of time, you should ask for compensation as soon as possible. You will have 3 years to claim compensation before your claim will become invalidated. So, make sure to speak to a trained solicitor about how you can approach your case. They will keep you updated about every move they make and how they are handling your case. That way you can get compensated for your injuries as quickly as possible.

How do I make a public transport accident compensation claim?

Although you may be tempted to make a compensation claim on your own, it is better to have the support of a solicitor to get you through the tricky jargon and court proceedings. You will need time to recover from your injuries.

If you are not injured at the scene of the accident, make sure to document evidence of what happened. This includes photographic and video evidence. You will also want to take witness statements from participants in the accident to show how the accident affected you. You can then write a letter of intent to the party who was responsible to let them know that you are going to press charges for the accident.

Once you have organized all of your information, it is time for you to get in contact with a trained RTA claims solicitor. A public traffic accident is not the same as being involved in a pedestrian accident, a car accident or any other type of road accident. They can help sort out your information and prepare you for your impending public transport accident compensation case.

Contact Gowing Law Solicitors to help with your case

All of our trained public transport accident compensation solicitors can help you with any sort of road traffic accident. You need to claim the compensation if you have been involved in an accident. This will give you the time you need to recover. Any sort of road accident can be a traumatic experience for passengers and staff on a vehicle. You deserve to feel stress-free when you recovery. So, let your trained solicitor take care of any difficulties that you may encounter. They can help understand what sort of claim you have and how you can move forward.

To contact Gowing Law, please call 0800 041 8350 or email info@gowinglaw.co.uk. One of our trained lawyers will then be in contact as quickly as possible. You can also visit our public accidents page for more information.

The most common types of pedestrian traffic accidents

Posted on June 9, 2020 by Hannah Fletcher - Blog, Traffic Accidents

Pedestrian traffic accidents are more common than you think. Did you know that around 25,000 pedestrian accidents are reported each year, with over 23% of them having serious injuries or fatal consequences? Pedestrians are extremely vulnerable and do not have the same protection that drivers have during an accident. This means a collision can have significant consequences and injuries that can effect the victims for the rest of their lives.

Drivers operate under a “duty of care” whilst they are on the road. This means they have to keep responsible and always do their best to avoid accidents on the road. If they fail, and have no evidence to prove that they tried to avoid the accident, this shows that they have breached this duty of care. The victim may then be entitled to pedestrian traffic accident compensation.

With the UK slowly opening up more stores and schools, you may need to consider how you are going to manage your commute safely to avoid accidents. This blog will help you understand the most common pedestrian accidents and how you can keep yourself, and any vulnerable people you are travelling with, as safe as possible. Gowing Law Solicitors will be there to support you if an accident does occur. Read on to learn more!

Why are pedestrian traffic accidents so common?

To be blunt about it, the reason there are so many pedestrian accidents is due to the fact that there are a wide variety of different accident types. If you are looking for compensation then you need to prove that you are not at fault, i.e. You need to show that you are not “liable” for the accidents. However, this will depend whether or not you were the one who incited the accident in the first place.

Now, the severity of the accident can depend on a number of demographic factors, including age and the type of vehicle that was involved in the accident. According to the UK’s Road Safety Data in 2019, around 10,552 contributory factors were due to the driver’s negligence. Pedestrians aged between 10-15 years old tended to be the most involved in these types of accidents, as were females over the age of 75. Take a look at the graph below for more information on the contributory influences on pedestrian traffic accidents:

Source: Road Safety Data December 2019

As you can see, there are many different reasons why an RTA between a pedestrian and vehicle could happen in the first place. It is important to consider what factors there were that built up to your accident. This could include the speed of the vehicle, what the vehicle driver was doing and whether or not any environmental factors could have added to your accident. Responsibility of your accident may depend on split liability, meaning that it was not only the other driver’s fault. Instead, there could have been a number of unsafe hazards that caused you to get hurt.

Keep an eye on these factors as they can affect how much compensation you could be owed once your case has gone to trial.

Can I claim compensation if I caused my own accident?

Unfortunately, if you were the main cause behind an RTA you will not be able to claim compensation. This is because you were negligent and breached your duty of safety to the drivers on the road. It does not matter whether you are using a vehicle or are a pedestrian. If you were antagonizing a driver, decided to run out into traffic or left a hazard on the road, this will mean that any accidents that occur for any vehicle, including motorcycles, then you have a responsibility to compensate the drivers who became victims of your negligence.

This may include:

Paying for hospital treatment
Financing future recovery treatment
Recovering lost wages
Repair costs on vehicles
Donations to fix contributed environmental damage (aka. roads)

You will not be able to ask for compensation if you have been injured. Instead, you will need to pay for it, and any other victims’ injuries, out of your own insurance. Make sure to be honest with your insurer. This will mean that the cost of your insurance policy may rise, however if you do attempt to mislead your insurer, or perhaps the court, then the consequences could be worse. Be honest and tell people exactly what happened. That way you can get it over with quickly and focus on recovering.

Every type of pedestrian traffic accidents case is different

No matter what sort of accident you have been involved in on the road, no two cases are going to be the same. You could have all the evidence in the world, but the liability of the accident will still depend on what actually took place in general.

When you go to court about your pedestrian traffic accident claim, how much you receive will depend on the:

Liability of the other driver.
Driver’s vehicle.
Environment of the accident.
Type of injuries you suffered.
Insurance of the other person.

You may find that several of these factors were the main cause behind your accident. For example, if you walked out on a green man, perhaps a traffic fault occurred in the traffic light and changed the colours too quickly. That meant that a speeding car misjudged your speed of travel, and therefore involved you in a collision. Clearly, the other driver was at fault, but the broken traffic light also had a role to play. Have a look at our infographic below to learn more about the role of these factors in your case:

The different types of pedestrian traffic accidents

Now that you have seen that there are many different types of road traffic accidents for pedestrians, and understand that your compensation case depends on liability, you need to understand what sort of accidents are clear cut and were clearly not your fault. Every driver learns that the pedestrian is a “priority hazard” on the road. If a pedestrian is in front of the vehicle, or on the road in general, then the vehicle should not be moving. That way the pedestrian can safely get off the road without there being an accident.

However, if this does not happen, and you have been involved in an accident, there are number ways you can go about it to get the compensation you deserve. Let’s begin by learning what sort of accidents could give you a compensation case:

Distracted Driving

The first responsibility of a driver on the road is to keep their attention on the road. That means they need to watch out for other vehicles, hazards and pedestrians. Drivers who are not fully focused on the road are more likely to be involved in an accident. For instance, if a driver is smoking or looking at their phone, it could be too late to notice a pedestrian crossing the street. This sort of distracted behaviour may also include talking to other people inside or outside of the vehicle.

Before you cross the street, make sure to check the speed of the drivers coming towards you. They may not be entirely focused on you and so maintain their speed instead of slowing down to allow you to cross the road. Remember that you do have the right of way if you are at a public crossing or have obeyed the “green light” of a traffic signal. However, some drivers will simply not look up from the task that is distracting them. Judge the speed and appearance of the driver in front of the steering wheel. If they look like they will not stop then refrain from crossing the road. This will prevent one of the many types of pedestrian traffic accidents

“Dart-Outs”

Put yourself in this situation, there is a set of traffic lights that are warning that in a few seconds they will change to the “red man”. This means that pedestrians cannot cross. However, a few pedestrians may think that they can still make it. They have judged that they can run fast enough to make it across the street without being hit by oncoming traffic. This is a normal thing, however accidents can happen if a vehicle immediately speeds up to cross the lights.

This is where things can get complicated. After all, it must be the pedestrian’s fault for running out into the middle of the road and misjudging their timing. However, imagine if the person is a small child or perhaps an elderly person who is slower than the others who are crossing the road. Where does the blame lie then? It could fall on the driver who does not slow down in order to protect vulnerable pedestrians.

If this is what has happened to you then make sure to discuss it with your solicitor. It may mean that there is a split liability and that both parties may have to pay compensation.

Vehicle Turns

As you can see from the diagram, one of the major ways an accident can happen is when a pedestrian appears in a driver’s blind spot. This is especially prevalent around street corners, however it can include backing up or trying to park a vehicle. A driver can only see a small amount of what lies around the corner, therefore if a pedestrian is crossing just outside of the driver’s area of vision, this means that a collision may occur. This may not be the driver’s fault as there may have been objects or hazards blocking the driver’s vision. The pedestrian may also have not seen the pedestrian if they came around the corner quickly.

Have you been involved in a similar experience? This can be a complicated issue that will depend on both parties and whether or not they were fully attentive to the road. Speak to your solicitor to ensure that it does not turn into a split liability case.

Drunk Driving

This is an example of a cut and dry case. A driver has the responsibility to remain sober and observant when they are on the road. Any sort of alcohol or drugs can make it harder to concentrate and see pedestrians that are trying to cross the street. It may also make it less likely that they are able to do an emergency stop in time, if a pedestrian does appear out of nowhere. If a driver has been drinking then you have the right to claim compensation for their negligence and thoughtless endangerment of other people on the road.

Vehicle Blocks

Now, when you think about what could be in your blind spot, have you thought about whether other vehicles could become obstacles? Naturally, car accidents can happen between different vehicles, but they could also be an obstacle that pedestrians could walk in front of. If there is a large bus or truck in front of you and you try to bypass them, they may have stopped to allow a pedestrian to cross the street. Without realizing, the driver has moved passed them and has now collided with said pedestrian.

This can lead us on nicely to another example of pedestrian endangerment. Drivers should not encourage pedestrians to step out into the street if it is genuinely not safe. A driver will not know what sort of vehicles are behind. They will not know whether another car will dart out in front of them if they have stopped. This will put the pedestrian in danger if they walk into the road and another car moves forward as they are in a hurry. They will not know the pedestrian is there.

This would mean that there might be a split liability case. To put it bluntly:

The pedestrian should not have stepped out into the road if it was not entirely safe.
The first driver is also at fault as they should not have recommended that the pedestrian should step into the street when they did not know it was not safe.
The overtaking driver caused the collision as they were not aware that there was a pedestrian in the middle of the road. They did not act patiently and wait behind the first driver. Instead, they acted too brashly and decided that they had “right of way”.

What is a pedestrian traffic accident claim?

If you are not at fault for your accident, and have been seriously hurt as a result of it, you could be due compensation. The first thing you need to think of, outside of getting treatment for your injury, is collecting evidence of your claim. If you go to court with just a “he said, she said” statement then it is highly likely that you will not get the compensation you are looking for. Instead, consider the following:

Photographic evidence (your wounds, the scene of the accident, the vehicle and their registration number).
Video evidence (i.e. a phone recording).
Evidence of what you were wearing (i.e. bright clothing, protective gear that could be easily seen).
Witness Statements
Police Statements
Financial losses you have made due to the accident (i.e. Wages, medical payments).

Overall, your evidence needs to prove that you were acting responsibly when you tried to cross the street. If you were following all of the rules of the road, this shows that the accident is the responsibility of the other person involved.

How long do I have to make an accident claim?

You will have around 3 years from the time you received the injury to make a claim. From there, the amount of time needed to resolve the case may be months or even longer. Be patient with your solicitor as they will do their best to keep you as updated as possible about your claim. That way you will always know precisely where you stand with them.

How do I move forward with my pedestrian traffic accidents compensation case?

Before you even think about your case, the first thing you should do is put your evidence together and contact your insurer to tell them that you have been involved in an accident. If you are not to blame for the accident then your record will not be affected. Instead, this will prepare you for the legal battle ahead. Once you have put all of your evidence together then you should try and find a lawyer who would be willing to represent you in court. It may be tempting to go after compensation on your own, but these sort of traffic accident claims can be very complicated. A trained pedestrian traffic accident claims solicitor can make things simple and let you know about the best way forward. They will be trained to help you with these claims and so know the correct pathway to take.

A trained pedestrian accident Gowing Law solicitor can help you!

All of our solicitors specializing in pedestrian traffic accidents are experienced and know exactly how to handle any sort of case. They can offer you free advice and consultations about your accident. If you want to work with us, then we can offer our support on a ”no win-no fee” basis. That means even if you do not get compensation then you will still come out on top.

Should you want to speak with us about your pedestrian accident compensation claim, please call 0800 041 8350, email info@gowinglaw.co.uk or have a quick chat through our messaging system on our contact page.

Do you want to read more?

Gowing Law updates its blog every week with in-depth articles on a range of law topics. Whether you want to learn more about traffic accident evidence or want to know about your rights as an employee during the pandemic, we have blogs to suit every taste. If you have your own ideas about what you would like us to write about, please just let us know! Contact info@gowinglaw.co.uk now.

We look forward to hearing from you soon!

A Quick Guide to Road Traffic Accident Compensation Claims

Posted on June 4, 2020 by Hannah Fletcher - Blog, Traffic Accidents, Uncategorised

Road traffic accident compensation can really help you through a difficult time in your life. Being involved in an accident on the road can be traumatic and can leave you with both mental and physical scars. That’s why if you have recently been in an accident where you were not at fault, you may be considering claiming compensation from the other party. RTA claims can be very complicated and depend mostly on the evidence that is brought to the courts. You do not want to undertake them by yourself, especially if you have been injured.

If you learn about the basics of RTA compensation claims, you can leave the difficult parts of your case to your experienced solicitor. That way you can know exactly what sort of evidence you need, how to determine who was at fault and how much you could potentially receive from a successful RTA claim. This guide will help you get started with the basics of RTA compensation claims. Read on to learn more!

What is classified as a Road Traffic Accident?

A road traffic accident usually entails a collision between vehicles or a personal injury that someone has experienced due to driving on the road. There are lots of different ways that people could be involved in a traffic accident:

As you can see, there are many different types of hazards that come in the forms of other vehicles, people and stationary objects. These can damage you and the vehicle you are driving. Always be aware of the road and the different types of drivers that inhabit it. Your situation can change in a split second. This is when an accident can happen. There are several factors that can determine whether or not an accident can happen on the road. However, the main two that you need to understand are negligence and liability.

If you were involved in a road traffic accident, you need to prove that someone else was the cause of it. In other words, you need to prove that they hold the liability. This could include the other driver, the government for not ensuring your environment was safe or even your vehicle’s manufacturer. This is why RTA cases can get very complicated.

For more information about different types of vehicle accident compensation claims, please visit the following pages:

Determining who was at fault

Road traffic accident compensation is only given to those who can prove that they were not the cause of an accident. Instead, they did everything in their power to try and stop it. However, the situation was simply out of control. This is where your evidence will need to come into play. It will determine what the real factors were in your accident. Take a look at some examples of who may have been at fault in the first place:

When you make a road traffic compensation claim, you can ask for a pay out from any of these potential parties. If they were at fault then it is their responsibility to ensure you are helped financially. This includes helping you with:

Coping with your injuries.
Covering any financial burdens you may have thanks to being off work.
Any vehicle repairs

Do not worry about asking for this compensation. This is one of the main reasons why the UK government requires all vehicles to have some form of insurance if they are actively on the road. You will not be actively taking money from the person if they are protected by their insurer. Instead, you will simply getting help from another financial source. You will only be burdening them if they have not been insured.

Contributory Negligence

When you make a compensation claim about an accident on the road, you need to consider the reasons behind your injuries. If you are at fault for the accident, you will not get compensation for this. Instead, you may have to end up paying compensation to the other party. However, even if you are the main victim of the accident, there are factors that may lower the amount of compensation you receive.

For instance, were you wearing your seat belt? If you were not then this could mean that this was “contributory negligence.” You knew that not wearing a seat belt could worsen or prevent some of your injuries. But you still did it.

Just remember, the injuries you do receive depend on the medical opinion of a doctor. However, if you are found guilty of contributory negligence, you could lose up to 25% of your compensation. Try your best to keep as safe as you can when you are on the road. That way if you are in an accident, you can claim as much compensation as you can.

What if both participants in the accident were at fault?

Road traffic accident compensation claims are not always simply cut and dry. Instead, they may show that both parties were at fault for the accident. For instance, both may have been under the influence of alcohol or experiencing road rage that made them compete against each other.

If this is the case then liability can actually be shared. Each party must pay a certain percentage of the claims through their insurance. Make sure to discuss this carefully with your lawyer. If you were slightly at fault for the accident, it can still mean that you can get a small pay-out.

How do you make a vehicle insurance claim?

Any accidents you experience in your car will be traumatic. When you exit the vehicle you may not be thinking straight. You may immediately just want to get away as quickly as possible. However, it is essential that you take down the licence plate, time, location and insurance details of the other driver. You may also want to take pictures and call the police in order to have a police report filed to make sure no details are skipped over. You may also want to contact your insurer or the Financial Ombudsman Bureau so you can talk about making a claim or how you can take the case to court. This can also be done with an experienced lawyer.

Why should you claim compensation from a traffic accident?

Being involved in a RTA can be one of the most traumatic events in your life. It can cause physical and mental damages that can throw your world into disarray. You may feel out of control, especially if you have been forced to take sick leave in order to recuperate. It’s time for you to take back control and help yourself move on from your injuries.

Here are some additional reasons why you may want to file for road traffic accident compensation:

You are making a very good move claiming compensation, despite the bad situation that you have been thrown in. Sometimes accidents simply happen and it can’t be changed. You are legally entitled to the money, therefore, you should be able to take it and use it to help your recovery. You did not ask for someone else’s carelessness to injure you. In fact, you may be forced to endure constant treatments to help you get back on your feet.

Can you claim for more than just physical damages?

Yes! You can. If you have suffered any mental trauma, psychological issues or financial damages due to your injuries, you can reclaim this from your compensation. You can even use the compensation to hire out a vehicle whilst your own is being repaired. Think carefully about you want to use the compensation for. This will greatly affect your case.

What do you need for a successful RTA compensation claim?

Think of your road traffic compensation claim as a number of building blocks. You may start off with trying to figure out the main cause of your claim. This includes figuring out who was to blame for the accident. Remember, someone at fault is not the same as someone being liable. Road users have a duty of care towards others. Failure to take safety actions, e.g. to stop an accident, can mean that this duty of care has been breached.

Looking into The Highway Code can be a good way of determining whether someone is liable for an accident. For instance, an experienced driver would make sure to check all of their blind spots to ensure they can safely carry out a manoeuvre or enter into a junction. If not, then they have breached their duty of care for others on the road and, also, the passengers who have been in your vehicle.

All of these different factors will be determined by the type of evidence you have. You may want to consider using:

Photographic Evidence
Video Footage (Aka. a dash cam)
Witness Notes
Diary Entries
Police Reports
Insurance Reports
Doctors Reports
Expenses Receipts
Work Information (I.e. SSP or sick notes)

Make sure to take down as much detail as possible, especially if you are making notes about different communications with important figures in the case. This could include your lawyer, your insurance firm and any firms that require payment (i.e. medical recuperation specialist centers).

How much compensation could I claim from an accident?

Go on any sort of claims website and you will see them predicting that you could earn thousands in compensation. This is true, but it honestly depends on the type of case you have. You need to look at the evidence you have of liability, the severity of your wounds and whether or not the other driver accepts blame. Instead of predicting the amount of compensation on your own, it would be better to speak to a trained specialist who can estimate the amount you could be due, such as a Gowing Law solicitor in Manchester.

How long will it take to make a claim?

Again, this depends on the complexity of your case. If it is a simple case with clear evidence of who was to blame, it could be settled in a few months. However, more complicated cases could take longer, especially if the defendant wishes to also ask for compensation for damages. Speak to your lawyer about a timeline. They can help you figure out how long you will need to collect compensation and what obstacles could be in the way of it. Remember to ask for updates about your case! That way you can always know what is going on.

A Gowing Law Solicitor can help you with your claim

You need help if you are thinking about making a claim for road traffic accident compensation. These cases can get extremely complicated, even if you know all about the basics of making a claim. That’s where a Gowing Law Solicitor can help you. Our trained experts offer free advice and consultations. They can estimate how long your case will take and how much compensation you could be owed. If you decide to work with them, they work on a “no win – no fee” basis, meaning that you will always come out on top.

Each case is different, meaning that there is no guarantee that you will get the perfect outcome. However, if you have an experienced traffic accident lawyer on your side, you can improve the chance that you will be able to apply for compensation. Make sure to tell your lawyer as many detail and facts as possible. You may also want to present them with a file of your evidence. That way they can quickly let you know how likely it is that you can prove that you were the true victim of the road accident.

If you want to learn more about different traffic accident compensation cases, contact Gowing Law Solicitors today! You can do this by calling 0800 041 8350, emailing info@gowinglaw.co.uk or directly chatting through our contact page.

Let us know how we can help you win your case!

Interested in learning more about road traffic accident compensation?

Gowing Law Solicitors updates our blog page weekly to ensure that our clients are kept updated about the latest law news. This includes top tips about safety at work, PPI tax claims and much, much more. Make sure to explore our blog page to see what else our experts can offer you.

What sort of evidence do you need to win traffic accident compensation?

Posted on June 1, 2020 by Hannah Fletcher - Blog, Traffic Accidents, Uncategorised

Traffic accident compensation cases can be complicated. Not only do you need to figure out precisely who was at fault for the accident but a lot of the time you may not have the right evidence needed to satisfy a jury that you were primarily the victim of a traffic accident. A verdict may come back that it was due to split liability or even contributory negligence, aka. Only partial negligence on the road. You need to be prepared for any sort of outcome. However, if you have appropriate evidence to back up your claim then it is likely that you will get an extremely high pay out. But you may be asking yourself what sort of evidence would stand up in court? That is where this blog can help you!

Gowing Law Solicitors can offer you expert advice on your claim and can go through your case to ensure the right evidence is presented at the appropriate time. Let’s learn precisely what evidence you need to consider if you want to have a successful traffic claims case.

What counts as a traffic accident?

Whether you have suffered a large or small injury due to a traffic accident, you could be legally entitled to compensation. This is available to any type drivers, including:

Road accidents can include whiplash, airbag and seatbelt injuries to anyone of any age. It does not matter whether you are a child or an adult. If you have been hurt during a traffic accident, you (or someone that you love) are due compensation. Here are the main causes of road accidents, if any apply to you then you may need to consider speaking to a solicitor about your claim.

Were you at fault for the traffic accident?

Road traffic accidents (RTA) can be traumatic experiences for all victims involved. This includes the victims in the motor vehicles or any pedestrians. You may be feeling a bit shaken from your accident. However, it is essential that you consider whether or not it was your fault. That way you can figure out whether or not you could be owed compensation. These are the ways you may not be able to claim compensation, if you are found to be at fault:

If none of these apply to you, then your next step is to consider how much compensation you think you could be owed. Your compensation will depend on your injury severity and the cost of any resulting losses. This may include:

Earnings that you have lost (i.e. through time off work).
Any medical expenses that you received whilst in hospital or physio-rehabilitation.
Any travel expenses (i.e. being forced to travel to a distant specialized hospital).
Private support/care to help rehabilitate you.
Disability additions to your house.
Emotional & Physical damages.
Mobility assistance

Every traffic accident claims situation is different. Small details can make a big difference. For instance, were you wearing a seat belt during the accident? Whilst it is a legal requirement to wear a seat belt, it will not stop you from making a compensation claim. Instead, it will just affect the amount of compensation you receive if your claim is successful. Think carefully about the small details of the traffic accident you were involved in. This can potentially create a big impact.

The Evidence of a RTA Claim

Your case cannot be a matter of “he said, she said.” Instead, you need to have cold hard facts to back up your version of events. Yes, you may have vehicle insurance to protect your automobile financially, should it need repairs, but you need to think about what could count as evidence to provide you with additional compensation for your own personal injuries and to help fix your vehicle.

Let’s have a look at Mr Carl Claim’s story for some basic ideas of what we should be looking for:

Now, the first thing from this story that you need to consider is whether or not Carl Claims was at fault. If he has appropriate evidence then he can prove that he did try to prevent an accident by doing an emergency break, but the speed of the other car stopped it from being effective, this can show that he was the victim of the incident. This could mean that he is due compensation to help with the damages of his car and to get him through medical treatment. He clearly indicated that he had a job, therefore, it can also help him re-claim any costs he may have lost from not being able to go to work or claim statutory sick pay (SSP).

So, what could Carl use to back up his claim? Here are some examples of useful evidence:

Photographic Evidence

One of the most useful things that you are going to have for evidence are photographs. Most people have a phone nowadays, therefore you should have access to a camera! Now, don’t try and harass the other person involved in the accident with your photographs. Instead, snap the essentials. Take their licence plate number, pictures of the damages, any injuries you have suffered and, most importantly, your environment. You will need to prove that you were in a specific area at a certain time when the accident happened. If there are any road markings or witnesses, you may also want to use photos to capture them if they are happy to be photographed.

Why, you may ask? Well, all of these photos are to prove that the liability of the incident should either fall on the other person in the incident or on a factor that is outside of your control. For example, a pothole on a road may have burst one of your tires and forced you to swerve. This was due to government negligence, not your own driving ability. Try to take as many photos as possible to prove:

How the accident was not your fault.
What hardships you suffered due to the accident.
Who was there at the time of the accident.
How you tried to handle the accident in a calm and mature manner.

These photos corroborate your story. Therefore, you should aim to capture as many important images as possible. You will never know what you will find useful, especially if you take pictures of road signs and the other person is charged for negligence (aka. speeding!)

Video Evidence

There is only one thing that is more powerful than photographic evidence. That is video evidence! Nowadays, you can get “dash cams” that can attach to the inside of your car and record both you and the road. This can help you prove that you tried to implement basic manoeuvres to avoid the accident. You can show liability and point out evidence where you were the clear victim, including problematic driving, negligence or even dangerous environments. You can also video the incident after it happened. Make sure to film any injuries and the environment, and show the result of the negligence of the other driver or what happened to any other victims.

Police Documentation/Evidence

Were the police called at the time of your accident? Perhaps the other person in the crash became violent, or maybe you required urgent medical assistance. Either way, the police force can be witnesses in themselves. They take notes from both parties and evidence from the scene, and will file reports that talk about what happened for the accident to occur. As this is an impartial view, and is completely unbiased, this can add to your case if the documentation is in your favor. If you have been in contact with the police, make sure to alert your lawyer to this. They can ensure that you have their appropriate statements ready to be used for your case.

Witness Reports

Carrying on from the previous point, other drivers and pedestrians can make your case stronger by providing testimonies. If you know of anyone who witnessed the accident, and you do not require immediate medical attention, make sure to ask for their contact details. If you are worried that they might forget what they saw at the crash, you can ask for their statements to provide evidence to validate your case. Witnesses testimonies are impartial therefore they can really help with your traffic accident compensation claim.

Diary Events

It can be traumatic being part of an accident. When you are in one, the first thing you have to do is ensure that you are not hurt. The stress can make everything far more difficult, especially if you are trying to concentrate and make sure you are safe. But if you have put yourself in a safe place, and you do not require immediate medical treatment, make sure to write out your version of the events.

If it was written at the time of the traffic accident, this can show an account of what happened without your memory getting in the way. Whilst it may be biased, it can still detail specifics that you may forget about as time progresses. You may also have suffered from head injuries, making certain details more difficult to remember. If you cannot remember what happened, it would be wiser to rely on your witnesses for their testimonies.

Expenses/ Receipts

One of the main things that you need to prove after you have had a traffic accident is that the other person caused you more than physical damages. You may have financial damages that are due to the state of your vehicle and your inability to do your job. That’s why you need to provide documentation that showed you were forced to pay to help with your recovery. This could include medical bills and evidence to prove that you have lost your wage (i.e. a letter from your company.) Write down what expenses you have been forced to pay and then see what documented evidence you can produce to show that your injuries are causing you financial damage.

Doctor’s Notes

If you need additional evidence to show the extent of your injuries, it is always wise to seek the help of a medical professional. They can assess your injuries and let you know what help you might need to recovery. This can include physio sessions and different types of medication you will need to pay for. Having your doctor’s note can also prove the expenses that needed to be paid after you suffered from your accident.

How do you organize your evidence?

This is where you need the help of an experienced solicitor to organize your traffic accident compensation evidence. You need to decide what will be the most relevant to your case. You may want to consider:

Keeping a file of your evidence that can have different sections for photographs, lists, your documents and even your correspondence with the other victims and witnesses.
Organizing your letters so your know where to find your notification letters, insurance company letters, medical letters, “demands letter” and any other correspondence.
Creating an online file for your photographs and videos. Don’t forget to keep them secure on a transfer stick. That way if your computer breaks then you will still have your evidence.
Asking your solicitor to start organizing your evidence. However, you will need to bring them all of your documentation.

Your trained traffic accident solicitor will look at all of the details of your case and let you know which are the most important aspects of your case. That way, when you do go to court, you know which pieces of evidence will create the best impression of what happened during your accident, and how it has affected you now. Remember to take your notes effectively and be as specific as possible.

Gowing Law Solicitors can help you with your traffic accident compensation claim

Traffic accident claims can be extremely complicated. You can choose to file a compensation claim on your own by visiting the UK Government’s website, however you may find that you earn less compensation than you originally think you are entitled to. An experienced lawyer in Manchester can help you understand your case in detail and tell you what you are owed precisely. That way you can know exactly whether or not you should try and make a claim.

Gowing Law’s trained solicitors can offer you free advice and schedule in a consultation to talk about what happened to you. You can bring your evidence and they will make sure to look at everything in detail. If you decide to work with our team of experts, you will see that they work via on a “no-win, no-fee” basis. That means even if you do not win your case, you will not need to pay any fees to your solicitor. The solicitor that works with you will bring their experience and help you get the compensation that you decide.

To get in contact with Gowing Law Solicitors and our experienced traffic accident compensation team, please call 0800 041 8350, email info@gowinglaw.co.uk or chat via direct message on our contact page.

Love reading about the law?

Here at Gowing Law, we always want to make sure our clients are kept up-to-date with the latest law knowledge and information about the UK. We understand you may be feeling nervous about the recent pandemic, especially if you are being forced to go back to work. Make sure to learn about your rights as an employee and how to work in a safe environment. If you have a topic you would like to suggest for our blog, make sure to let us know by contacting info@gowinglaw.co.uk. We would be more than happy to write about it.

We look forward to helping you with your traffic accident claim soon!

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