UK solicitor explains how to claim compensation if your car is hit by another vehicle leaving a side road into oncoming traffic causing serious injury including whiplash neck injuries, back pain and PTSD
Car accident victim question
I was driving down a main road at 30mph in Sheffield heading towards the M1 on the way to Leicester when a car came out of a side road hitting the rear of my car and pushing my vehicle onto the other side of the road with a lane of oncoming traffic.
A lorry was coming the other way and collided with my vehicle causing significant damage and injury.
The main road which I was on had one lane in either direction with two small side roads coming off it.
My car was written off and I together with my two sons, who were sitting in the back, were injured as was a friend who was a front seat passenger. An ambulance arrived at the scene and we had to be cut out of the car and carried by stretcher to the ambulance. We were taken to an accident and emergency hospital in Sheffield.
X-rays were completed and I was diagnosed with serious neck injury, a cracked vertebra in my cervical spine and I have been suffering significant psychological injury including flashbacks. I have been told that this is likely to be post traumatic stress disorder/ PTSD.
My friend who was the front seat passenger had concussion, two black eyes, bruising to the face, whiplash and lower back injuries.
My two children suffered whiplash and are also psychologically affected by the accident.
We have been told that they are not suffering from post traumatic stress disorder, but have chronic anxiety and travel phobia.
I understand that the police attended the scene and intend to prosecute the car driver who came from the side road.
How would we make a claim for our injuries and how much compensation are we likely to recover?
Road traffic accident solicitor response
The accident circumstances clearly show that the driver of the car from the side road is legally at fault for the accident. The police attended at the scene and are prosecuting which in itself is strong evidence to prove the negligence of the driver.
The police will have compiled a report taking statements from all witnesses, with diagrams of the accident scene, any measurement of skid marks, etc. – this report can be used to prove exactly who was at fault for the accident.
It is unlikely that the driver of the lorry could in any way be held responsible for your injuries.
The driver of the car should have motor insurance which will meet the liability for the claim for you and the other passengers. In addition to your compensation for personal injuries (cracked cervical spine,whiplash, lower back pain, black eyes, concussion, facial bruising) and psychological injuries (PTSD, chronic anxiety and travel phobia) – your solicitor should recover from the driver at fault the legal cost of pursuing the claim on your behalf.
Should the driver of the vehicle not be insured the Motor Insurers Bureau / MIB would act as though it was the insurer of the driver and meet your claim for compensation.
The amount of compensation you can claim for all the various injuries which were suffered (including: severe neck injuries, cracked cervical spine, whiplash, lower back injuries, concussion, black eyes, facial bruising, post traumatic stress disorder, chronic anxiety and travel phobia) is dependent on expert evidence from an independent medical expert who has not treated any of the accident victims. Such a medical expert owes a duty to the court to say on the balance of probability the exact nature of the injuries suffered together with a description of the duration such symptoms could last in to the future in a section of the medical report known as the prognosis.
Such a medical report should not be obtained until at least three months has passed from the accident to allow the expert to see how the healing process is taking place.
This medical expert should be instructed by a specialist road traffic accident solicitor on your behalf to ensure the report can be relied upon at court and you can receive the correct amount of compensation for your injuries.
Should you wish to discuss making a claim with me in person or to start your claim for your road traffic accident injuries click car accident claim solicitor.