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Motorway Accident Claim Specilaists
Learn when you could make a motorway accident claim and how one of our solicitors could help you.
£85 million in compensation
Motorway Accident Claim Specialists
Learn when you could make a motorway accident claim and how one of our solicitors could help you.
Motorway Accident Claim – Eligibility & Payouts
Being involved in a car crash can be frightening, often causing detrimental impacts for those involved, let alone if the accident occurs on the motorway. Often, due to the high speeds, a car crash on a motorway can cause life-long injuries, changing your life in an instant. If your injuries were caused by the negligent actions of another road user, you could be eligible to make a motorway accident claim.
Although compensation can’t undo the harm caused by your accident, it can be used to offer financial relief at such a difficult time. Our expert road traffic accident solicitors could help guide you through every step of the claiming process as well as help to negotiate a compensation settlement for you that accurately reflects your physical, mental and financial suffering.
Contact our advisors today for a free case consultation, so you can explore the options available to you.
Get In Touch
To learn about making a road traffic accident claim, you can:
- Call our advisors on 0151 375 9916
- Contact us online
Can I Make A Motorway Accident Claim?
Yes, you can make a motorway accident claim if you can prove that your injuries were sustained as a result of another road user’s negligent actions. Essentially, we can determine this by demonstrating:
- Another road user owed you a duty of care
- They breached this duty
- Their breach then led to you sustaining injuries
The first thing we must demonstrate is that you were owed a duty of care; this is a legal obligation owed to you by someone else regarding your health and safety. When using the roads, all users must do so in a way that reduces their risk of causing harm or damage to others.
Additionally, all road users must follow the guidelines laid out in both the Highway Code and the Road Traffic Act 1988 to fulfil the duty of care they owe.
Once the above has been established, we must then ensure that your claim is started within the permitted limitation period; under the Limitation Act 1980, most claims are subject to a time limit of 3 years from the date of the accident.
Claiming On Behalf Of A Loved One
There are two situations where you would be able to claim on behalf of a loved one. This would be acting as their litigation friend, in the circumstance that they aren’t able to claim independently.
A litigation friend can be used for claimants who:
- Are under 18 at the time of the motorway accident
- Lack the mental capacity to bring their own claim
To find out whether you could make a claim for a loved one, please get in touch with us today.
Fatal Motorway Accident Claims
Fatal motorway accident claims can be made for the deceased’s pain and suffering and financial losses immediately prior to death, and also for how the death has impacted certain relatives.
For the first 6 months following the death, only the estate is able to bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. They can claim for any prior financial losses and the physical pain and suffering experienced by the deceased. They can also make a claim for the deceased’s dependents (certain qualifying relatives).
If no claim has been made by the estate on their behalf within these initial 6 months, under the Fatal Accidents Act 1976, dependents of the deceased can then bring their own claim for the impact that the loss of a loved one has had on them.
To learn more, please contact our advisory team today, or read more in our fatal injury claims guide.
How Might A Crash On The Motorway Happen?
There are many ways that a crash on the motorway can happen, for example, if a driver is speeding and loses control of their vehicle, this can result in a collision.
Some more examples of how a crash might happen include:
- A driver is inebriated while operating their car on the motorway; they swerve into your lane, resulting in a side-on collision. You suffer a broken leg, whiplash injuries and later develop post-traumatic stress disorder.
- A driver is distracted while driving, looking at their phone. They fail to indicate when switching lanes, and due to not paying attention, they fail to notice that you have begun slowing down due to traffic. This causes them to crash into the rear of your motorcycle. You sustain a severe back and neck injury as a result of the impact.
- Whilst speeding, a driver loses control of their car, causing them to skid and swerve into your lane, colliding with your car; this causes a severe crush injury to your leg, which later requires an amputation.
The examples we have provided are by no means an exhaustive list of the ways in which a crash can happen; so, if you would like to discuss the circumstances of your own accident, please get in touch with our advisors today.
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What Injuries Could Be Sustained In A Motorway Accident?
Motorway accidents can result in a wide range of injuries being sustained, ranging from minor soft tissue injuries like whiplash to severe harm such as spinal or head injuries, and even sometimes amputation or injuries that permanently restrict mobility.
However, the most common types of injuries that are sustained in motorway accidents include:
- Head or brain damage
- Fractures of arms, legs or even multiple bones within your pelvis or hips
- Crush injuries
- Whiplash
- Traumatic amputation
- Paralysis injuries
- Back or neck injuries
- Lacerations or abrasions
- Organ damage or internal bleeding
These aren’t the only types of injuries that can be sustained; additionally, multiple injuries can be suffered if the accident is severe. If you choose to work with a solicitor from JF Law, you can rest assured that your compensation would consider the full extent of all of the injuries you sustained, whether minor or more serious.
Please get in touch with us today to discuss your own injuries and explore whether you would have a valid claim with us.
Motorway Accident Claim Payout Amounts
Motorway accident claim payout amounts can cover the physical and mental harm you have suffered, and could also cover the associated financial losses you experienced.
General damages can compensate you for both the physical and psychological suffering caused by your motorway accident. This considers the pain, suffering and any loss of amenity suffered as a result of your injuries.
Special damages is compensation for the financial losses incurred following your injuries; we discuss this in further depth in our section below.
However, when general damages are being valued, legal professionals can look to the figures provided under the Judicial College Guidelines (JCG). This document lists compensation guidelines for a range of injuries.
We have provided a number of these compensation brackets in our table below. Additionally, we have included figures taken from the tariffs provided within the Whiplash Injury Regulations 2021, as these may be applicable to certain road traffic accident claims. We discuss this in more depth in a later section.
Please note that the top entry has not been taken from the JCG or the Whiplash Injury Regulations.
| Injury | Notes + Severity | Compensation |
|---|---|---|
| Multiple Severe Injuries + Special Damages | A number of serious injuries and special damages such as medical expenses, care costs and lost income | Up to £1,000,000+ |
| Paralysis | Tetraplegia (also known as Quadriplegia) – sensory impact and the ability to communicate has also been impacted | £396,140 to £493,000 |
| Paraplegia – the amount awarded will depend on age and life expectancy, the degree of depression and the presence and extent of ongoing pain | £267,340 to £346,890 | |
| Brain Damage | Very Severe – there might be some capability to follow basic commands, but little if any evidence of a meaningful response to environment | £344,150 to £493,000 |
| Moderately Severe – very severe disablement, with a large dependence on others and a need for constant care | £267,340 to £344,150 | |
| Back Injury | Severe (i) – nerve root damage paired with damage to the spinal cord and incomplete paralysis | £111,150 to £196,450 |
| Neck Injury | Severe (i) – incomplete paralysis with little to no movement in the neck | In the region of £181,020 |
| Post-Traumatic Stress Disorder | Severe (a) – the injured person is unable to function near the pre-trauma level | £73,050 to £122,850 |
| Whiplash | One or more whiplash injuries + psychological injuries – present for longer than 18 months but not more than 24 months | £4,345 |
| Whiplash | One or more whiplash injuries – present for longer than 18 months but not more than 24 months | £4,215 |
To see if you could be eligible to make a motorway accident claim for compensation, you can contact our advisors.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How Can Compensation Help After A Motorway Accident?
Compensation after a motorway accident can help by reimbursing you for any financial losses you may have expereinced due to your injuries and that you may also continue to experience in the future.
As aforementioned, these losses would be compensated under special damages.
Some examples of special damages you could receive include:
- Lost income: injuries sustained in motorway accidents can leave those injured out of work, potentially also impacting employment prospects. As a result, those injured can have suffered a loss in earnings. Special damages could compensate for your current and future lost wages.
- Care costs: depending on your injuries, you might now need round-the-clock daily professional care, which can become a huge expense. Special damages can consider this, and also take into account whether this care will be temporary or ongoing.
- Medical costs: things like prescriptions, the cost of private treatments or even reconstructive surgeries can all be costly. Associated costs can be reimbursed within special damages.
- Rehabilitation or recovery: rehabilitative therapies such as physiotherapy can greatly improve your mobility. These costs can also be classified under special damages.
- Home or vehicle modifications: if you require wheelchair ramps, the installation of a wet room or car adaptations, the costs for these can also form part of special damages.
However, it is key to note here that you would need to hold evidence that proves these financial losses in order to claim them back. This can typically include payslips, invoices or receipts to show costs.
The Whiplash Reform Programme
The Whiplash Reform Programme was introduced in 2021 and changed the way certain low-value road traffic accident claims are made in Wales and England. Claims will need to be made through a different avenue if the following criteria apply to your claim:
- You were injured as a driver or passenger
- You are aged 18 or above
- Your injuries are valued at £5,000 or less
In addition to this, such injuries will be valued in accordance with the fixed tariff provided under the Whiplash Injury Regulations 2021. With this said, any additional injuries will be valued traditionally, and if the total value of your claim exceeds £5,000, then your claim would be made through the traditional avenue; however, the tariff amounts will still apply when valuing your whiplash injuries.
To find out more about making a whiplash claim, you can read more or get in contact with our advisors today.
What Should I Do After Being Involved In A Crash On The Motorway?
After being involved in a crash on the motorway, you should find a safe place to pull over, such as the hard shoulder, and exchange details with the other driver involved. Per Section 170 of the Road Traffic Act 1988, you must do this if you are involved in an accident that caused injury or damage.
Other steps you could take to support a motorway accident claim are set out below.
Seek Medical Attention
After a motorway accident, whether minor or serious, your priority should be to seek immediate medical assistance. Ensure that you visit A&E, your GP or an urgent care clinic where they can assess the full extent of your injuries.
Some injuries after a road traffic accident aren’t visible, so seeking medical help can lead to a full assessment of all of your injuries. In addition to this, seeking medical attention creates an official record, which can be used to strengthen your claim.
Gather Evidence
Once it is safe enough to do so, you can then gather supporting documents to act as evidence. This could include:
- Medical records, including scans or X-rays
- Driver registration details, insurance and driver contact details
- Dashcam or CCTV footage
- A copy of the police report
These documents can massively support your version of events and can improve the chances of a successful claim.
Report the Accident
Through reporting your accident, you create an official record of the motorway accident. You should report the accident to the police and also your insurance company.
Keep a Record of the Impacts of your Injury
A personal diary of symptoms can help demonstrate the extent of damage caused by your injuries. It would be beneficial to make note of:
- How the injury impacts you
- The level of pain, symptoms and any impact on your day-to-day life
- Time that you have taken off work
- Any treatments you’ve received as a result of your injuries, and any upcoming medical appointments
- A copy of any expenses, therapies, travel costs or prescription costs
Seek Legal Representation
Getting in touch with a specialist personal injury solicitor can be crucial. With specialised knowledge and experience, our solicitors can:
- Provide a free case consultation to advise on whether you would be eligible to claim
- Estimate how much compensation you could receive in your motorway accident claim
- Handle the claims process on your behalf, such as handling all documentation and correspondence
- Gather supporting documents to form a strong body of evidence that supports your claim
- Help you apply to act as a litigation friend if applicable
- Ensure that your claim is started within the permitted time limit
At JF Law, our solicitors have years of experience, and place clients at the heart of all they do. With the offer of a free initial consultation, you can get a better understanding of the options available to you, without having any obligation to continue.
Ensure Your Claim Is Started Within the Time Limit
The majority of claims must be started within 3 years from the date of the accident. It is important that your claim is begun within the limitation period, to prevent it from becoming time-barred.
If you have any questions about what to do next, get in touch with our advisors today. They are friendly and can answer any questions that you might have.
Motorway Crash Claims With JF Law’s Expert Solicitors
Motorway crash claims can be with with our expert solicitors here at J.F. Law. They have years of experience helping clients just like you, and can also offer their services on a No Win No Fee basis, through the use of a contract called a Conditional Fee Agreement. This type of claim can be beneficial for clients as it means you’d have no upfront solicitors’ service fees to pay. Moreover, you’d have no ongoing solicitors’ service fees to pay, nor would you have to pay anything for our solicitors’ work if your claim were to be unsuccessful.
On the flipside, if your claim was successful, then a limited percentage would be deducted from your compensation as our solicitors’ success fee. This percentage is legally limited, which helps ensure the majority of the compensation stays with you.
Contact Us To Make A Claim
Contact us today to discuss your motorway accident claim and receive free advice:
- Call our advisors on 0151 375 9916
- Contact us online
Learn More
Why not read our other guides about:
- How to make a zebra crossing accident claim
- Pedestrian accident claims and how much compensation you could receive
- Rear end collision accident claims
Helpful External Resources
- How to claim Statutory Sick Pay
- Guidance on managing your sick leave and returning to work
- Advice on driving on motorways
Thank you for reading our motorway accident claim guide.
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