What Is A Road Traffic Accident?
A road traffic accident occurs when a vehicle collides with another car, road user, animal or any debris in a road or public place. Common examples of road traffic accidents are:
- Head-on collisions
- Rear-end shunts
- Side impact (or T-Bone collisions)
- Multiple collisions
The Highway Code and the Road Traffic Act 1988 outline the obligations of those using the roads. In addition to the perhaps more obvious precautions such as not driving under the influence or in a reckless manner, these rules cover other expectations such as:
- Minimum eyesight requirements
- Insurance and MOT compliance
- Roadworthiness
- Being registered with the DVLA
Road users should, essentially, use the roads with standard care and skill. If a road user fails to do this and causes an accident as a consequence, it could mean they’re responsible for any injuries that result.
We Can Check Your Eligibility To Claim
When JF Law assesses the eligibility of your claim, we look at the three requirements to establish negligence:
- Duty of care: Someone had a duty of care to protect your safety.
- Breach of duty: They breached this duty, causing an accident.
- Damage: This resulted in your injuries.
Proof of causation forms the foundation of a compensation claim. Your claim may be valid if you can show that the other road user failed to use the road with standard care and caused your injuries as a result.
There is a general time limit of 3 years to make road traffic accident claims. The Limitation Act 1980 explains time limits for different claims and they can vary depending on certain circumstances. To ensure you make your claim in time, we’d recommend seeking legal advice on how long you might have to claim.
To prove your injuries were caused or worsened by the road traffic accident that wasn’t your fault, you’d need to provide medical evidence. Therefore, as part of the claims process, you’d attend a medical assessment with an independent medical professional.
You’d also need to prove any financial losses you suffered due to your injuries. This can include receipts for prescriptions, for example. A No Win No Fee lawyer can help you to collect the relevant details together.
If there is a possibility of blame on both sides, a shared liability can be established. This could still entitle you to a reduced percentage of any compensation.
Can I Make A Claim If I Was Injured As A Passenger?
If you were an injured passenger in a road traffic accident that wasn’t your fault, you could make a claim for compensation against the other road user or the driver of the car you were in, if they were at fault. Depending on the circumstances, you could sue both. Each case is decided on individual merit.
What If The Other Driver Fled The Scene?
The Motor Insurers’ Bureau (MIB) is an organisation that can pay compensation to those injured due to an accident caused by uninsured or untraceable drivers. They look at claims on a case by case basis. They may be able to offer compensation in these situations where you would be unable to sue a driver or claim from their insurance.
Make A No Win No Fee Road Traffic Accident Claim
No Win No Fee agreements mean that you can benefit from expert legal representation without paying solicitor fees upfront or any as the case progresses. If your case fails, you don’t have to pay the solicitor’s fees at all.
A successful outcome means you pay your solicitor for their work on your behalf via a ‘success fee’. It’s a small percentage of the compensation. What’s more, it’s capped by law to keep it absolutely fair to you.
Using the services of a personal injury lawyer in this way can allow you to start a claim immediately. The compensation estimate they calculate can include every physical, mental and financial aspect of the damage a road traffic accident causes to your life.