Road Accident On A Zebra Crossing Outside A School

Tuesday, September 26th, 2017

Find out how to claim compensation, for personal injury and financial loss, following a road accident on a zebra crossing outside a school.

Zebra Crossing Accident Victim Question

I was taking my 10 year old daughter to school in Sheffield and close to the school there is a zebra crossing. At this time of the morning there are many cars, parents and children and school buses.

We came to the zebra crossing and checked both ways – there were no cars approaching and to our right a school bus was dropping off children and traffic was waiting behind the bus.

We therefore proceeded to cross on the zebra crossing and when we were on the far side of the road a car driver must have become impatient waiting behind the school bus and overtook it coming to the wrong side of the road and onto the zebra crossing.

I saw the car approaching last minute and I managed to push my daughter out of the way, but I was hit on my right side and thrown onto the floor a few metres in front of the car.

I must have banged my head as I came around in an ambulance. I was told my daughter was safe in the school (my husband had been called) and I was taken to hospital where I was diagnosed with bleeding on the brain (from where I hit my head on the ground) and a broken right leg (the tibia and fibula) and a fractured right arm (the radius).
After 10 days I was released from hospital and at that stage I suffered seizures and I am having nightmares.
This accident happened a month ago and since then I have been unable to work.

Can I make a claim for my injuries and my lost income from the car driver who hit me.

Zebra Crossing Accident Solicitor Response

It is clear that the car driver should be found legally at fault. No doubt there will be a number of witnesses to verify the accident events and perhaps even CCTV in the area.

Where there is a road with a school of young children (especially in the morning close to the time school starts) – vehicle drivers must be extra vigilant and proceed with caution well below the speed limit. In any event the driver should never have attempted an overtake manoeuvre, so close to a zebra crossing (there will no doubt be road markings forbidding this).

Your claim would include compensation for the pain and suffering for all of the injuries you have indicated (brain injury, broken bones in your right leg, fractured right arm, psychological reaction) and some which have yet to be diagnosed (it would be helpful for you to keep a daily diary of all of your symptoms to ensure that nothing is missed).

The claim for pain and suffering extends to future pain and suffering or any ongoing disability as set out in an independent medical expert report – obtained by a solicitor acting on your behalf.

In addition to compensation for your pain and suffering – a claim would be made for your financial losses, including: lost income; medical expenses, travel expenses to and from the hospital/GP, care and assistance in the home (provided by friends and family members), etc.

The financial losses will include those you have already incurred together with future losses – based on an medical expert’s estimate as to how long these losses might continue.

Car Accident Claim: Driver At Fault Can Passengers Claim Compensation?

Wednesday, August 16th, 2017

Car accident solicitor explains why a driver at fault cannot claim compensation for personal injury – but how the passengers in the vehicle can make a claim.

Driver At Fault’s Car Accident Question

I was driving my car from Leeds to Scarborough with my wife and two children as passengers. We had passed York and where travelling on the A64 approaching a set of lights. The car in front slowed down and I reacted a little late. Unfortunately – it was raining heavily and my car hit the car in front with quite some force.

An ambulance arrived at the scene as did the police and we were all taken to hospital. Between us we suffered bad whiplash neck injuries, lower back injuries, concussion, knee and wrist injuries.

Luckily the airbag gave some sort of protection.

My insurance was fully comprehensive. Is my insurance company right to say that I cannot
claim any personal injury, because I was the driver at fault?

Specialist road accident solicitor response

“Yes” – the insurance company is correct. You cannot claim for your own injuries if you were at fault for the accident.

The driver and passengers in the other vehicle would be able to claim from you and your insurer as would the passengers in your car, but unfortunately you as the driver (who is at fault) cannot claim for personal injury from your own insurer.

You would however be able to claim for your vehicle damage or write-off value (subject to a policy excess) plus all the claims made against you for the other party’s vehicle damage and personal injury would be met by your motor insurer.

Your wife and children would also be able to claim for personal injury and subsequent financial loss from you and your insurer. Since no doubt the other driver will already be claiming from you there would be little further effect on your policy for your wife and children to claim from you.

The sums that could be awarded for the injuries you have listed, including whiplash neck injuries, lumbar spine injuries, concussion, knee and wrist injuries could result in a significant claim. Please note any sums awarded for children would have to be retained in the courts fund office until the children reach the age of 18 years.

Also, as you are technically the party at fault – your wife would most likely be the best person to act as litigation friend for your children’s claim.

Online Road Accident Solicitors Assistance With Your Passenger Injury Claims

Should your wife wish to discuss making a claim for herself and your children –  please click car accident claims solicitor to speak to a specialist solicitor direct, make an online enquiry or arrange a specialist to call back.

Burn At Work Accident Claim

Saturday, May 27th, 2017

Burn Victim Accident Claim Question

I work as a kitchen porter in a restaurant in London. Last Saturday the chef asked me to put some plates in the dishwasher as I was picking the plates up close to the position that the chef was working the chef put some frozen food into a pan filled with oil. This caused the oil to explode out and burn my forearm.

The chef apologised and cold water and a bandage was applied. After I finished work, my forearm was causing me a lot of pain, so I went to A & E and was diagnosed with third degree full thickness burns.

I have been told this will likely a scar. The burn is quite large – 3 inches by 1 inch.

The chef and I both work for the restaurant chain.

Can I claim compensation for my injury and if so how can you calculate the amount of compensation my claim could be worth?

Work Accident Solicitor Response

From the description you have supplied it seems that the chef was negligent in attempting to frozen food into a pan of oil when you were close by.

Your employer is liable for the “torts of its servants” – in other words an employer is responsible for negligence of its employees.

On this basis – I believe you would have a strong claim for compensation from your employer.

To determine the amount of compensation your claim could be worth a process must be followed. A solicitor acting on your behalf will obtain a medico legal report from an appropriate medical expert. Here the most likely suitable expert would be a plastic surgeon. This expert will produce a report after having examined you and inspected your medical notes.

The report will set out primarily three things: what your injury was at the time of the accident; what your symptoms are at the time of the examination and very importantly what the future holds for your recovery as well as any likely ongoing disability and scarring.

Based on this report your solicitor can compare your injuries to those decided by the courts in the past for similar injuries and come to a range of values for your pain and suffering, known as general damages.

In addition – you would be entitled to compensation for all of your financial losses (both past and future) as a result of your accident. These might include: lost income, medical expenses, care and assistance in the home; disadvantage on the open labour market, etc. these losses are known as special damages and are added to general damages to give the overall amount of compensation you can claim.

To see an article I have written giving examples of compensation amounts for scarring click compensation amounts for scarring.