Make A Road Traffic Accident Claim
Road traffic accident compensation claims can involve different road users such as motorcyclists, drivers or cyclists. If you were injured by another road user and it wasn’t your fault, we could help you claim.
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Make A Road Traffic Accident Claim
What Is A Road Traffic Accident?
A road traffic accident is an incident that happens on the road where a vehicle collides with another road user. It could also describe single-vehicle accidents, such as a car hitting a tree.
There are a number of different road users, such as:
- Drivers
- Pedestrians
- Cyclists
- Motorcyclists
As we explain below, road users have a duty not to expose others to the risk of harm. For example, the driver of a van should give a cyclist enough room when they overtake. If they fail to do so, they could knock that cyclist off their bicycle.
Can I Make A Road Traffic Accident Claim?
If you’ve been injured in a road traffic accident, you might wonder whether you could make a compensation claim.
As mentioned above, each road user has a duty of care to navigate the roads in a way that prevents themselves and others from becoming harmed or sustaining damage while using the roads.
To uphold this duty, they need to adhere to the Road Traffic Act 1988 and The Highway Code. If there is a failure to do so, it could lead to a road traffic accident in which you sustain harm.
So in summary, to begin a road traffic accident claim, you need to prove the following:
- Another road user, such as a driver, owed you a duty of care.
- This duty of care was breached.
- As a result of this breach, you were injured physically, psychologically, or both.
Established, Experienced, Dependable, Responsive and Committed
What Are The Causes Of Road Traffic Accidents?
Here are a few examples of how road traffic accidents could happen:
- You were in a head-on collision because another driver was under the influence of alcohol and drove the wrong way down a one-way street. As a result of the car accident, you sustained a serious head injury. In this instance, it might be possible to make a road traffic accident claim against the negligent driver.
- A van driver rear-ended you because they were using their mobile phone at the steering wheel and failed to notice the cars ahead of them waiting at the red traffic lights. As a result, you and your passenger sustained soft tissue damage to your neck and back.
- Whilst on a roundabout, a driver failed to check their blind spot and mirrors to check for cyclists. As a result, you were knocked off your bike in a cycle accident and sustained a serious back injury leading to paralysis.
- You sustained multiple injuries in a pedestrian accident after being knocked over while using a zebra crossing because a driver was speeding.
- A motorbike accident may have occurred after driver failed to check their mirrors before changing lanes. As a result, you may have sustained broken bones and laceration injuries.
- You may have had an accident while using public transport like a bus or a coach. You can find out about making a public transport accident claim here.
Whether you have suffered more minor injuries, such as whiplash, or a serious injury, such as paralysis, you should contact our team. You may be able to claim compensation with our specialist road traffic accident solicitors.
How Can I Prove Another Road User Was To Blame For The Accident?
It’s important to prove that you sustained harm as a result of another road user breaching their duty of care when making a road traffic accident claim. As such, you should gather evidence to strengthen your case. For example, you could collect:
- CCTV footage of the accident or dash-cam footage.
- Photographs of the accident site and your physical injuries.
- A diary of your symptoms, such as the physical and psychiatric effects, and treatment.
- Copies of medical evidence from the medical care that you have received. For instance, you could provide X-ray scans, prescriptions, and treatment plans.
- Contact information of possible witnesses. Witnesses can be interviewed during the claims process to provide an account of how the accident happened.
A benefit of being connected with one of our specialist No Win No Fee personal injury solicitors is that they can help you collect evidence for your case as part of the services they provide. Call today and speak with our advisors to see whether one of our solicitors could start working on your road accident claim.
How Long Do I Have To Claim For A Road Traffic Accident?
There is a time limit in place for starting a personal injury claim. According to the Limitation Act 1980, you have three years to begin claiming compensation. This usually starts from the date that your road traffic accident happened.
However, if the injured person is under 18 years old, or if the claimant lacks the mental capacity to claim, then this time limit will be paused. While the time limit is paused, a litigation friend may be appointed to start the claims process on the claimant’s behalf.
If no claim has been made on behalf of the minor, they will have from their 18th birthday to start their own claim. Similarly, if the claimant who lacks the mental capacity recovers their capacity and no claim has been made for them, the time limit will run from the recovery date.
Therefore, if you are looking to claim road traffic accident compensation, confirm with our advisors not only your compensation claim eligibility but whether you are within the legal limitation period. Our team can also answer any questions you have about the exceptions to the time limit.
How Much Compensation Could I Receive In My Road Traffic Accident Claim?
A personal injury settlement awarded for a successful road traffic accident claim can consist of two heads of loss:
- General damages is the initial head of loss that is always awarded in successful compensation claims. It compensates for the pain and suffering of psychiatric and/or physical injuries sustained due to the road traffic accident. Some of the factors considered when determining how much you’re owed for your injuries include the severity of any injuries, the type of treatment needed, how long the expected recovery period is, and if your quality of life has been impacted.
- Special damages is the second head compensating for the financial losses incurred due to your injuries. This could include lost income caused by time taken off work, medical expenses, and domestic care costs. Evidence, such as receipts, payslips, and invoices, can help prove these losses.
To help calculate the value of general damages, the Judicial College Guidelines can be referred to alongside the report from an independent medical assessment. The assessment can be arranged as part of the claims process to produce an in-depth report on the full extent of how your injuries have impacted you. The JCG is a publication with different guideline compensation brackets for various types of injuries.
Can I Claim For Whiplash And Other Minor Injuries?
The Whiplash Reform Programme introduced changes to the way certain low-value road traffic accident claims are made. These changes mean that passengers and drivers of a vehicle aged 18 or over who suffered injuries worth £5,000 or less must claim via a different avenue. Also, any injuries related to whiplash are valued using the tariff set out in the Whiplash Injury Regulations 2021 as you can see from the section above.
Any injuries not found in the tariff will be valued in the usual way. Furthermore, if the total value of your claim comes over £5,000, you will claim in the traditional way but any whiplash injuries will still be valued using the fixed tariff.
Reach out to us for a free valuation of your road traffic accident claim. Our team can help you understand where you need to direct your claim and how much compensation you could be owed.
Can I Claim On A No Win No Fee Basis?
Although there is no legal requirement to instruct a solicitor when making a road traffic accident claim, you could benefit from doing so as they can help guide you through an often complex legal process.
Our solicitors can offer their services under the terms of a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee contract. Typically, under a CFA, you can expect the following terms:
- You won’t have to pay for your solicitor’s services upfront, as your claim proceeds, or if your case has a failed outcome.
- If you have a successful claim, you will pay a success fee out of the compensation you’re awarded. This is taken as a legally limited percentage to ensure you keep the majority of your compensation.
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Frequently Asked Questions
In cases where you and another road user are partially at fault for a road traffic accident, you could make a split liability compensation claim.
However, if a split liability accident claim is successful, then this can affect how much compensation is awarded. For example, your payout will be reduced according to how at fault you were for the accident.
Find out whether you could make a compensation claim where you were partially at fault by calling the number above and speaking to an advisor.
According to the Department for Transport, provisional estimates for the year ending 2023 show that car occupants, motorcyclists, pedal cyclists, and pedestrians were amongst the most common road user types to be injured in a road traffic accident. As such, some of the common types of accidents include:
- Car accidents
- Cycle accidents.
- Motorbike accidents.
- Pedestrian accidents.
However, it is not always possible to claim following an accident on the road. You need to prove that the road accident occurred because another road user breached their duty of care and caused you to become injured. Call our team to discuss your specific case and find out whether you have valid grounds to proceed.
