Road Traffic Accident Claims
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If someone acts in a way that goes against the Highway Code, they could be considered negligent. As a result, if you’re injured, you may be able to claim.
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Road Traffic Accident Claims
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Road traffic accidents can be deeply traumatic experiences and the injuries they can inflict could be life-changing. Sometimes you could be blameless for an accident, but you're left injured and your property damaged.
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What Is A Road Traffic Accident Claim?
A road traffic accident claim is a type of legal action that a person can take if they’ve been hurt while using the roads in some way. This could be as a driver, cyclist, motorcyclist or pedestrian. If you have suffered from road traffic accident injuries as a road user, then you could make a road accident claim for injury compensation.
We discuss examples below, but a simple one is if Driver A crashes into the back of Driver B’s car because they were using their mobile phone. Driver A is clearly at fault and a personal injury claim could be justified if Driver B is injured as a result of the crash.
Compensation in road traffic accident claims is generally paid by insurance companies.
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What Are The Different Types Of Road Traffic Accidents?
The term “road traffic accident” covers incidents that involve the four main road user groups. Let’s look at each in more detail.
Vehicle Collisions
One of the most common types of road accidents are those involving vehicles, like cars, vans, buses, coaches, tractors and everything in between.
With so many cars on the road, accidents inevitably happen. It’s why it’s important for drivers to undergo proper instruction and assessment before they’re allowed to hit the highways alone, and it’s why we have to follow rules like The Highway Code.
Car crashes can be caused by the likes of:
- Alcohol and drugs
- Speeding
- Dangerous manoeuvres like undertaking
- Not allowing enough space between bumpers
- Driving through red lights
- Ignoring the likes of zebra crossings
- Failing to judge speeds and distances
- Using a mobile phone or generally not watching the road
If you’ve been injured in a car accident and believe one of these causes was the key factor, get in touch for free legal advice.
Can I Claim Compensation If I Was A Passenger?
Yes, it’s possible to claim compensation if you were injured while travelling as a passenger in a vehicle. You would claim against whoever was responsible. So if, for example, you were travelling in a taxi and your driver caused the crash, you could claim against them.
Pedestrian Accidents
Pedestrian accidents involving cars have the potential to cause serious injury and in the worst cases, death. They can be avoided, provided the rules of the road are followed. However, some ways they could happen include:
- A driver running a red light on a pedestrian crossing
- A driver failing to stop at a zebra crossing
- A driver mounting the kerb
In some cases, pedestrians could hold some responsibility, such as when they cross the road without looking, or the pedestrian crosses the road from behind parked cars where it’s difficult to see them.
Cycling Accidents
Cyclists are some of the most vulnerable road users. When involved in an accident, they have a greater chance of suffering more serious injuries due to their lack of protection.
Like with pedestrians, cycling accidents can be avoided, but they can be caused by:
Drivers not giving cyclists enough room when overtaking causing them to fall off their bike or run off the road
- Drivers not indicating when turning so that cyclists don’t have the chance to slow down to avoid them
- Drivers driving through cycle lanes
- Drivers opening car doors without checking for passing cyclists
Electric Bikes and E-Scooters
If you’ve been injured while riding an electric bike or e-scooter, such as in the ways described above, you could make a claim against the driver responsible. If you’d like to check your eligibility to make a claim, please call us on the number at the top of this page.
Motorcycle Accidents
Like cyclists, motorcyclists are also vulnerable to suffering serious injury if they’re involved in a road traffic accident. However, these vehicles can travel at much greater speeds, so a collision at such a pace could have devastating consequences.
Let’s look at how motorcycle accidents could happen:
- A driver fails to check their mirrors before moving lane, hitting a motorcyclist
- A driver fails to judge the speed of a motorcyclist
- A driver fails to give a motorcyclist enough room when overtaking, or while trailing behind them
If you’ve suffered an injury in a motorcycle accident, our specialist No Win No Fee solicitors can help you. Send us a message now via our live chat to get legal advice on your case now.
Could I Make A Claim For A Road Traffic Accident?
In order to make a road traffic accident claim, it’s necessary to meet a set of eligibility criteria. These are:
- That the party who caused the accident owed you a duty of care. Generally speaking, all road user groups owe each other a duty not to cause harm to each other.
- That the other party breached this duty of care. For example, if a driver didn’t give you enough room while cycling and knocked you off your bike, this would be considered a breach of duty.
- And as a result of the breach, you suffered injury or damage to your property.
The rules and responsibilities for all road users are contained in The Highway Code and the likes of laws such as the Road Traffic Act 1988. A violation of these rules could be considered a breach of duty, and if it causes you injury, you could be eligible to make a claim.
How Much Compensation Could I Receive?
We’re often asked what the average payout is for a road traffic accident, but the reality is it’s a difficult question to answer. Each claim is unique and injuries affect people in different ways.
However, it’s possible to gain an idea of how compensation is calculated and how much is awarded for different injuries.
How Is Compensation Calculated In A Road Traffic Accident Claim?
When you make a road traffic accident claim, you could be compensated for two types of loss. The first is known as general damages. It’s designed to compensate you for your physical injuries and psychological suffering and the impact they’ve had on your life.
Below, you can use our free compensation calculator tool to see how much you could get for your injuries.
Total amount for one or more whiplash injuries: 0.00
The second type of loss is known as special damages. This relates to the financial impact the accident and injury have had. We discuss that in greater detail next.
Returning to general damages, as a rule, the more severe the injuries are and the greater impact they have on your life, the higher the compensation payout.
Let’s take a look at some guideline amounts from a document used by solicitors to value injuries called the Judicial College Guidelines.
- A severe injury to your back, involving spine and nerve damage, could receive between £111,150 and £196,450
- For the likes of a broken leg, you could receive up to £109,290
- A fractured arm could receive up to £73,050
- An injury to your wrist that causes a severe fracture or break could receive up to £73,050
- A psychiatric injury caused by the accident that’s severely debilitating could receive between £66,920 and £141,240
How No Win No Fee Solicitors Co Can Help You
As well as checking your eligibility to claim for free and providing advice on your situation, we can also help you take legal action.
We’re specialists in road traffic accidents and our solicitors have decades of experience between them. They understand the claims process and know what you can claim compensation for, and the maximum amounts that you can recover.
They’ll keep you well-informed throughout the case and will advise you throughout with your best interests at heart.
So if you’d like to speak with us today about making a road traffic accident claim, call us for free on the number above, write to us about your case here, or speak with us now via our live chat.
RTA Claims FAQs
Below we’ll answer common questions regarding road traffic accidents.
How Common Are Road Traffic Accidents?
According to statistics published by the UK government, there were 133,443 reported road casualties in 2023. Out of this number, there were 1,633 fatalities.
Compared to 2022, road accidents are on the decline across the board, with the number of pedal cyclists suffering injuries dropping by 8%. Casualties overall fell by 3%.
Still, those numbers mean that road traffic accidents are quite common, so you may have been affected by one, and left with an injury wondering if claiming compensation is right for you.
Let’s look at the different types of road traffic accident claims in more detail to help determine if they are similar to your situation.
Can I Claim Back The Cost Of Repairing My Car Or Bike?
We mentioned special damages above and this section expands upon that. As part of your road traffic accident claim, it’s possible to claim back the cost of property damage. This could be repairs to your car or bicycle, or full replacements if they cannot be fixed.
The aim of compensation is to restore you to the position you were in before the accident, so like-for-like replacements can also be claimed for.
Can I Recover My Lost Earnings?
In some cases, the injuries you suffer may force you to take time off work. Not all employers pay sick pay, which means you could miss out on a lot of money. In some severe cases, you may be unable to return to work at all.
As part of the special damages aspect of your claim, you can recover your lost earnings plus any future loss of earnings too if you suffer career-ending injuries as a result of a road traffic accident.
What Are The Whiplash Reforms?
The Whiplash Reforms is a scheme introduced by the Conservative government to reform whiplash compensation payouts. Claims for minor head, neck or shoulder injuries must now be made through an online portal, known as Official Injury Claim. Compensation payouts are also set by a tariff and are fixed by law. You can learn more about the reforms here.
If you’d like to check whether your case is affected by the reforms, please call us for free.
How Long Does A Road Traffic Accident Claim Take?
A road traffic accident claim could take different lengths of time depending on how complex it is. In straightforward cases, with minor injuries and little dispute over who was responsible, a claim could take a few months to resolve. Being able to secure early compensation payments is unlikely in the vast majority of cases as the injured person may be unable to claim quickly, and a thorough investigation may be necessary.
In more complex cases with severe injuries or potential disputes over liability (things are much quicker when the person who causes the accident admits liability), the claim could take 12 months or more.
How Do I Prove A Road Traffic Accident Was Someone Else’s Fault?
To succeed in a road traffic accident compensation claim, it’s necessary to prove that the other party was at fault – at least in part. Here are some key pieces of evidence that might make a difference to your case:
- CCTV or Dashcam Footage – One of the clearest ways of establishing what happened and who was at fault is video footage. More and more drivers in the UK are using dashcams, and some newer models of cars have them built in. CCTV is also more common outside people’s homes, shops and on streets. Ask around and see if anyone has any footage they’d be prepared to share with you. You could also ask local police if they have footage on their cameras in the area.
- Witnesses – Another excellent piece of evidence is the testimony of a witness who saw the accident. In some road traffic accident claims, it may be one person’s word against another unless someone else saw it. If possible, ask any witnesses if they’d be prepared to help you and take down their contact information.
- Police Reports – In some cases, the police may need to attend a road traffic accident. You may have to call the police if there is a serious injury, the road is blocked, if the other driver flees the scene, is uninsured, or causes the crash deliberately. Their report can prove useful when making a compensation claim.
- Photographs – Another useful piece of evidence is photographs. You can take them at the scene of the accident, showing the position of the vehicles or motorcycles after being struck, as well as the wider scene and any other potential contributors. You can also take pictures of your injuries for further proof.
- Medical Evidence – Certain types of injuries help tell a story of how that injury is likely to have happened. Soft tissue injuries in the back or whiplash injuries to the neck could show evidence of being hit from behind, helping support the claim process and show who is more likely to be at fault.
If you make a claim with No Win No Fee Solicitors Co, we can help you gather the evidence you need to prove your claim. Call us for free today to see if you could be eligible for compensation.
Can I Make A No Win No Fee Claim?
One of the benefits of using our service is that you can make a No Win No Fee claim. This is a phrase you may have heard before, and it means simply what it says: if you don’t get compensation at the end of your case, you don’t have to pay us any fees for the legal process.
Another benefit to this type of contract is that you don’t have to pay any fees upfront to start the case. This ensures you can access quality legal representation without having to break the bank. In fact, the only time you pay a fee is if you are awarded compensation. Your solicitor’s fee is then deducted from your compensation, so no money comes out of your pocket directly.
The amount your No Win No Fee solicitor can charge is also capped by law, and they’ll tell you what it is before you begin your case. It’s how we operate here, so if you’d like us to check if you could be eligible to claim compensation for a road traffic accident, call us for free on the number above.
Could I Claim For A Road Traffic Accident That Happened Abroad?
Yes, it’s possible to claim for a road traffic accident that happened abroad. According to the Motor Insurers Bureau (MIB), a claim must be made against the insurer of the driver from that country. Compensation is also determined based on the laws of that country. If you would like help with claiming for a road traffic accident abroad, get in touch.
Can I Claim If I Was Partially Responsible For The Accident?
Can I Claim Against An Uninsured Driver?
In some cases, the road traffic accident may have been caused by an uninsured driver. Given that compensation is typically paid by the road user’s insurance company, it’s natural to ask what happens in this situation.
To account for these situations, the Motor Insurers’ Bureau (MIB) was created. It’s funded by a percentage of the insurance premiums paid by all drivers, with those funds used to compensate people injured by uninsured drivers, as well as those hurt in hit and run accidents where the driver cannot be traced.
A compensation claim can be made with the help of a No Win No Fee solicitor in the exact same way. You can get in touch with us today and let us know the details and we can advise you on your options.
How Long Do I Have To Claim Compensation After An Accident On The Road?
In order to make a road traffic accident claim, you must also take legal action within the right time frame. You get just 3 years from the date of the accident to issue court proceedings. This may seem like a while, but some cases can take time to investigate and memories can get hazy over time. Evidence may also get misplaced. So it’s always best to take action as soon as possible following a road traffic accident.
Can I Claim On Behalf Of My Child?
In some cases, your child may get hurt in a road traffic accident. It’s not uncommon for children playing in the street to get knocked down by a car, for example. And they can also get hurt while travelling as a passenger in our vehicles too.
If your child suffers an injury, it’s possible to claim on their behalf. To do so, you need to act as their litigation friend, which is a legal phrase used to describe someone who can be trusted to make decisions on their behalf and in their best interest.
If you decide not to claim on their behalf, they can take legal action themselves when they turn 18 and would have until their 21st birthday to make the claim.
Our No Win No Fee solicitors have lots of experience in child accident claims and can help you too. You can check your eligibility by calling us for free on the number above, or by sending us a message via our live chat.
