Tag: traffic accident compensation

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?

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Motorcycle Accidents: Who’s at fault?

Posted on May 19, 2020 by Hannah Fletcher - Blog, Traffic Accidents, Uncategorised

Motorcycle accidents can happen to anyone. You could be the safest driver on the road and still one day be thrown from your bike. That’s why it is essential that you know your rights on the road, especially if you are trying to figure out who’s at fault for the accident. Did you know that motorcycles make up only around 1% of the UK roads traffic? However, motorcyclists still experience over 14% of serious injuries, or even death, from a road collision. That’s why if you think you have a motorcycle accident claim, the first thing you need to consider is “who is at fault for the accident?”

Now, some people will tell you outright that it is normally a motorcyclist’s fault for being “cocky” and thinking that they can quickly get through a tight gap or dangerous situation without thinking of others on the road. Others will tell you that it is due to an automobile not staying aware of smaller and quicker vehicles that also have the right to be on the road. In reality, it is not that simple. Instead, the entire claim depends on situational evidence. Read on to learn how you can figure out whether or not you can make a claim.

What does it mean to be “at fault” for a traffic accident?

Normally, when a court is looking at a traffic accident claim, they are trying to figure out which of the parties is guilty of a “comparative negligence apportions fault.”

This fault applies to both of the parties who have been involved in the traffic accident and how much damage was caused overall to:

The Drivers
The Vehicles
Any third parties (i.e. pedestrians, exterior destruction, third party vehicles)

All of these factors will be tallied up in order to see which of the parties was at fault in the accident. However, keep in mind that if you ride a motorcycle, the type of vehicle you have is not a reason in itself to be able to claim compensation. Yes, a driver must keep an eye on the road and be aware of vulnerable vehicles (including bikes, scooters and motorcycles), but if an accident occurs the motorcyclist could still be liable for damages.

To be blunt about it, be aware that being a motorcyclist does not automatically make you a valid traffic accident claimant. During your motorcycle training, you have learned how to safely operate a smaller vehicle on the road. That means that you are also aware of all the vulnerabilities it possesses. If you are in an accident, just because you are a smaller vehicle does not mean you will automatically win your case. Each incident is circumstantial.Make sure you understand this before you consider who was at fault for your accident.

Negligence Claims on the Road

If you have been in a traffic accident whilst riding a motorcycle, and believe you are entitled to compensation, you are going to be looking for a “personal injury claim” to prove that the other party’s negligence resulted in your injury or the destruction of your vehicle. If you want to have a valid claim, these are the four main components that you need to consider:

It can be difficult to think about motorcycle accidents that you have been a part of. After all, accidents on the road can happen so quickly it can be difficult to see who did what at a precise time. That is why you need to document out your thoughts as quickly as you can. The closer to the time of the accident, the better. This is because your memory will still be fresh, therefore you will be able to remember smaller details, including times, dates and information about the accident. The smallest traffic accident detail could be the difference between a successful compensation claim and a failure.

If you are struggling to remember details of your motorcycle accident (perhaps due to a head injury) you may want to enlist the help of witnesses to re-account what happened during the incident. You may also want to consider investing in a “dash-cam” so if this sort of thing ever happens to you then you can have video evidence ready to prove that you were not the driver at fault.

The Different Types of Motorcycle Accidents

Now, if you are a motorbike user, it is highly recommended that you look at DanDantheFireman’s Youtube Channel as it is full of useful information on how to keep safe on the road. You are a faster vehicle, meaning that if you are aware of your surroundings, there is a higher chance that you can hold your brakes and prevent an accident.

With that said, there is always a chance that you could get into an accident whilst you are on the road. That’s why you need to be as safety-conscious as possible whilst you are out driving. Over 78% of the time, a car-on-motorbike collision will mean that the motorcyclist will be hit from the front. This means that the impact will be head on. In most cases, this could mean that the accident could turn fatal for the cyclist, or at least leave them with a painful recovery period. Here are some additional common motorcycle accidents that could happen to a motorcyclist.

Additional Motorcycle Accidents

Whilst the aforementioned accidents may affect both cars and motorcycles, there is a likely chance that you might be hit by a different vehicle, including other motorcycles. Common incidents may include:

Left turn accidents
Swerving in front of a different vehicle
Yield Failures
Failing to look out for vulnerable vehicles (bikes, scooters)
Blind spot failure
Speeding
Emergency Stops
Space between your motorcycle and the vehicle
Not wearing safety equipment (i.e. helmets, goggles)

How can I tell who is to blame for the accident?

If you are interested in pursuing a liability case for compensation, it’s important that you figure out exactly how the other party is liable for the accident. Every traffic accident case is circumstantial. Keep in mind that it may not even be the person in the other vehicle that is at fault. Blame for incident could go on a different party altogether, including:

Think carefully about the different factors of what happened in your accident. You may want to immediately blame the other person who hit you, but there could be other factors involved. For example, you may think you are at fault because you swerved into another cyclist. But would you have swerved if that pot hole had not been there in the first place?

This is why it is so important to document your thoughts immediately after the motorcycle accident happens. That way when you are making a compensation case, you will know what factors built up and who is at fault. However, keep in mind that the end result may be that you were the one at fault. Think carefully and seek the help of a road accident expert to make sure you can claim compensation.

Was it really the other vehicle?

It really is important to stress that some motorcycle accidents are not due to the fault of another person. Instead, they could be due to the environment on the road. If you are driving on a road alone and fall off your bike, do you really think you are going to pin your fall on another person? No, instead take a look around you at the safety of the road. Consider what sort of condition the road is in.

Was it covered in potholes?
Did it have cracks, bumps and lumpy tarmac? Aka. Poor maintenance
Was the surface wet without a safety indication?
Have unfinished road works without any safety signs?
Were there any oil spills on the road?
Was there a missing guard rail?

All of these environmental effects can have an effect on your driving ability. If they caused you to fall off your bike then this can mean that you are not liable for your own accident. Instead, you can send in a complaint to the UK government’s traffic department for compensation. You can also discuss this with your traffic accident Gowing Law solicitor so that you can have an experienced lawyer on your side before you make your complaint.

Was it the manufacturer of your motorbike?

Another source of liability that you could look at is your motorcycle’s manufacturer. You may have owned a sturdy motorbike for a number of years, however if you have recently brought it in for repairs, then there is a chance that the repairs made on your bike could have caused your accident. Of course, this also applies to if you have just recently bought the bike, but make sure to take your vehicle out for a small test drive before you get back on the road. This way you can ensure that all of your brakes, lighting and engine functions are working to the best of their ability. You don’t want to get onto the road and find that your brakes have cut out. This is a complete recipe for disaster!

If you do suspect that the cause of your accident was due to a manufacturing or repair fault, you can consider suing their business for compensation. However, you will need evidence to prove that it was definitely the main cause of your accident. If your bike has not been destroyed in the accident, you can use it as evidence. You may also want to consider investing in a dash cam to ensure that you can prove that you did everything you could to prevent your vehicle going out of control. However, you were unable to because of the manufacturing or repair issue. This can prove that the firm was negligent in its care and this resulted in your accident.

Motorcycle Accidents can change your life!

Motorcycle accidents can have a serious impact on your life. Not only can it leave some physical trauma behind (including brain damage and lasting disabilities) but it may impact you financially (especially if you have been unfairly dismissed due to being unable to work) and mentally (through trauma, anxiety and panic attacks). You may have to suffer through months of recovery before you even feel ready to go near your bike again. That’s why it’s important to get the right help.

The same logic can be applied to your legal counselling. If you think that you could be owed compensation, then having an experienced traffic accident solicitor on your side can only strengthen your case.

Gowing Law’s motorcycle accident compensation solicitors can help you win your claim. With our experienced team’s successful track record of won cases, you know that you will be in good hands when you work with Gowing Law’s traffic accident solicitors. We will be attentive to your case and ensure that we make sure to run everything past you to keep you on board throughout the claims process. Our talented law team can help you get the pay-out that you deserve.

Find out more about Motorcycle Accident Claims with Gowing Law!

Gowing Law have a team of experienced traffic accident claims solicitors that can help you get the compensation that you deserve. They can support you throughout your claim and provide you with expert advice. We can also offer you a free consultation and work with you on a no win-no fee basis. That means no matter the court outcome, you will always come on top.

Motorbike accidents claim can get complicated. This is why you need a trained solicitor on your side to help you make things simple. We can help you plot out a timeline for your claim and estimate how much you are entitled to. An injury from a motorcycle accident can be life changing and you deserve as much support as you can get. That’s why you should visit our motorcycle accident claims page and get in contact.

Please call 08000418350 or email info@gowinglaw.co.uk. You can also visit our claims page and fill our traffic accident form. This way one of our solicitors can contact you directly to discuss your case.

Learn more about the law

We have decided to keep our clients updated about the most recent law topics and the basics of law in general. That’s why you may want to check out some of the other blogs on our website. We will keep you updated about the latest Covid-19 information, including how to write a will or deal with an employee legal claim during the pandemic. You can also find information on PPI tax reclaims, mis-sold & miscalculated mortgage claims and immigration.

Please let us know if there are any blog topics that you would like us to cover. We would be more than happy to write about it!

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Tag: traffic accident compensation

A Quick Guide to Road Traffic Accident Compensation Claims

What is classified as a Road Traffic Accident?