The Department of Transport estimated that at the end of March 2019 there were 384 million vehicles registered for use on the roads in Great Britain. With this huge volume of traffic there will inevitably be a correspondingly high number of road traffic accidents taking place. Statistics from the Royal Society for the Prevention of Accidents (ROSPA) show that a total of 170,933 casualties (of all severities) were reported to the police in 2017. Although this is 6% lower than in 2016 and indeed the lowest level on record, it is still an enormous number of casualties.
If you have been involved in road traffic accident, whether as a driver or passenger in a car, a motorcyclist, cyclist or pedestrian you may well have suffered injury and you may be able to make a compensation claim for the injuries sustained as well as a claim for any financial losses incurred.
The Most Common Causes of Road Traffic Accidents
Driving under the influence of alcohol
Around 200 people are killed in drink drive accidents every year. It is not just the drivers who have been drinking who are affected but often their passengers, people in other vehicles, pedestrians, cyclists and motorcyclists. In 2016 it was estimated that 100 pedestrians were killed or seriously injured by drunk drivers as were 390 car passengers (figures from ROSPA).
Tiredness
Being tired can significantly reduce reaction times and can cause erratic behaviour such as sudden speed changes, veering into other lanes, braking heavily or late and not paying attention to other drivers. Driver fatigue causes 1000’s of road traffic accidents every year. Research shows that driver fatigue may be a contributing factor in up to 20% of accidents.
Speeding
Whilst many people drive over the speed limit without even realising they are doing so, speed is one of the main factors in fatal road accidents. It has been established that the faster you drive the less time you have to react, leaving less time to avoid a collision. The risk of death is approx. four times higher when a pedestrian is hit at 40mph compared to 30mph.
Distraction
There are many ways in which a driver can become distracted when driving from glancing at a mobile phone to adjusting the radio. We have recently acted for a client who was seriously injured when a driver (who was using his mobile phone) lost concentration and ran into him at speed.
The Weather
Adverse weather conditions can make it increasingly difficult to drive safely. Rain, snow and ice cause the road surface to become slippery, whilst fog can significantly reduce visibility making driving hazardous.
What should I do if I have been involved in a Road Traffic Accident?
Ensure that you obtain medical treatment for your injuries
Attending your GP or the hospital following your accident will also help to document the injuries you have sustained. These medical records will provide a good basis for supporting your claim.
Contact an expert personal injury lawyer
You should speak to a specialist lawyer as soon as possible after your accident. You have 3 years (generally speaking) from the date of the accident in which to make a claim. Even if you think the accident may have been partly your fault you should still seek legal advice.
Gather and keep as much evidence as you can
For example take photographs if it is possible (and safe) to do so. Keep a note of the registration numbers of the vehicles involved with names and addresses of the drivers if possible. Record details of any witnesses and Police officers. Keep a diary recording the progress of your injury. Keep records, receipts and evidence of any out of pocket expenses (see below)
Apart from my injuries, what else can I claim compensation for?
- Damage to your car, motorbike, bicycle
- Hire car charges
- Storage charges
- Loss of earnings (including future loss of pay if you are absent from work for a long period of time)
- Cost of medical treatment, including physiotherapy, prescription charges etc
- Costs of medication
- Care and assistance provided by family and friends on an unpaid basis
- Paid care and assistance
- Travelling expenses
- Damage to personal items, including clothing, mobile phones, cycle helmets
- Any other expenses incurred as a result of your accident
Passengers
If you were a passenger in a vehicle which has been involved in an accident which was caused by someone’s negligence you are entitled to pursue a claim for compensation. If the accident was caused either wholly or partly by the driver of the vehicle you were in, the damages will be paid by their insurance company and not them personally. So even if the driver is a friend or family member you should still seek the compensation you are entitled to.
Uninsured/Untraced Drivers
The Motor Insurers Bureau (MIB) is a body set up to provide compensation for victims of accidents caused by uninsured and untraced drivers. It is funded by approx. £30 per year from every insured driver’s premium. If you are unlucky enough to be involved in an accident caused by an uninsured or untraced driver we will be happy to submit a claim to the MIB on your behalf. The procedure is different to claiming against an insurance company and we will be able to advise you on this at our initial meeting.
If you have been injured in a road traffic accident or require any further information, please do not hesitate to contact our specialist team of lawyers for advice by calling 0114 218 4000 or emailing us at info@tayloremmet.co.uk.
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