Archive for the ‘Road Traffic Accident Claims’ Category

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.

Tenerife Road Accident: UK Claim Back Whiplash Fracture Hand Knee Injury

Thursday, July 14th, 2016

European road accident solicitor explains how to make a compensation claim from the UK for injuries following a road traffic accident in Tenerife, Spain

Car Accident Tenerife Victim Question

I was on holiday with my two children in Tenerife in the Canary Islands, Spain. I hired a car when I landed at the airport in Tenerife and were driving to our accommodation in Las Americas.

I was driving on a main road when a car pulled out suddenly from a side street hitting the front passenger’s side of our car. The car was thrown violently to the side, but I managed to stop before hitting any oncoming vehicles.

We got out of our cars and the police and ambulance attended. The police completed a form at the scene in which the other driver accepted fault – I believe he was using his mobile at the time of collision.

My two sons and I were taken to hospital. By the time we reached hospital I had a stiff neck and shoulders and a painful right hand. My eldest son had lower back pain and a swollen knee. My youngest had neck pain with headaches and tingling in his hands

We were x-rayed and I was found to have whiplash to the neck and shoulders and a fractured bone in my hand. My eldest son had lower back strain and possible ligament damage in his knee. My youngest had serious whiplash neck injuries.

We have now returned to Kent in England where we live – can we make a claim for compensation for our injuries from the UK?

European Road Accident Solicitor Response

As Spain, and so in turn Tenerife, are part of the European Union and you are resident in the UK you have the choice to either make an injury claim in Tenerife using a Spanish lawyer or England with a specialist European RTA solicitor. The EU countries have reciprocal motor insurance agreements required by European law allowing claims to be made from the country of residence so long as that country is within the European Union.

There are primarily two parts to your claim – compensation for general damages and for special damages.

The general damages describe compensation for pain and suffering for your physical injuries (here whiplash, fractured hand, ligament knee damage, lower back injuries) and any psychological injuries (these might present themselves as time goes by and range from travel anxiety to post traumatic stress disorder).

Special damages relate to costs and expenses incurred as a direct result of the accident, such as loss of enjoyment of holiday, lost income, medical expenses, etc. What exactly can be claimed will depend on the country in which the accident occurred.

Even though the claim can be made from the UK – the “law of the land” (the law in the country in which the accident occurred – here Spain) must also be taken into consideration. This can be significant in determining how much compensation can be awarded for pain and suffering and the statutory limitation (how long you have to make a Tenerife car accident claim).

In most European countries the police will attend at the scene and complete forms as you have described, typically showing which driver was at fault. This is important evidence in proving liability for a car accident in Tenerife

Specialist UK road accident solicitor assistance for Tenerife car accident claims

Please note – due to the complexity involved there are a very limited number of UK solicitors with the expertise to deal with car accidents in Tenerife, Spain and other European countries.

If you are considering starting a compensation claim from the UK for a road accident in Tenerife or wish to discuss your potential claim with me in person – please feel free to contact me on my direct dial as shown at the top of this page or complete my online form by clicking Road Accident Claim Tenerife.