Archive for the ‘Road Traffic Accident Claims’ Category

Tailgating Car Accident Claim: Drivers Awareness Course Broken Patella Wrist

Tuesday, December 20th, 2011

UK car accident solicitor explains how to claim compensation for an accident cause when a car is filtering in a road causing collision leading to serious injuries such as a broken patella and a fractured wrist

Car accident victim question

I was driving my car on a 30mph residential road when another car attempted to filter between two cars in the right hand lane. This caused me to apply my brakes sharply and a car which was tailgating my vehicle collided at force in to the back of my car causing me to be thrown forward smashing my knee on the underside of the dashboard and banging my wrist against the steering wheel.

An ambulance attended at the scene as did the police and took details of the accident location together with skid marks and points of impact. I was taken by ambulance to hospital in Liverpool and was diagnosed with a broken patella – requiring the insertion of screws and wires; and a fractured wrist – requiring immobilisation for a number of weeks.

The vehicle driver that was tailgating my car has indicated that he did not expect me to brake so sharply, so I wonder who I can make a claim from for this RTA – whether the vehicle that was tailgating me or the car that was filtering.

I am aware that the driver who was tailgating me was not prosecuted as he attended a driving awareness course.

Road traffic accident solicitor response

From the facts that you have described it seems that albeit a car should not be filtering between other vehicles the reality of the cause of your collision was the driver of the vehicle which was tailgating your car.

This driver should have kept a safe distance given the speed he was travelling at and the road conditions. If a safe distance was maintained then should you need to brake sharply for whatever reason there would be sufficient braking distance to avoid a collision with your vehicle.

This was not the case and as such a collision occurred – your vehicle was damaged and you suffered injury to your patella and your wrist. Your primary claim is therefore against the vehicle driver who was tailgating your car.

This is also supported by the fact that the driver had to attend a drivers’ awareness course. Had he not attended this course he would have received three points on his licence and a fine. The police have therefore recognised that he was at fault and the driver has accepted this by attending the drivers’ awareness course.

Should the driver that was tailgating your car feel aggrieved it would be for him to take action against the car that was filtering – to suggest that his liability should be met by that car driver. I do not however believe that a claim would be successful against the filtering car.

You have a serious injury to your patella and a fractured wrist – both of these injuries should be described in an independent orthopaedic consultant report instructed by a specialist road traffic accident solicitor.

This will allow your solicitor to value the amount of compensation for pain and suffering. It might be that you have a substantial lost income claim in addition to the pain and suffering. Even if you are being paid whilst off sick from work there is still a potential future lost income claim or alternately a claim for a disadvantage on the open labour market (your reduced chance of future employment should you find yourself unemployed in the future).

In any event your claim would be quite substantial and it is important that you use the correct specialist road traffic accident solicitor who is familiar with high quantum matters.

Click tailgating car accident claim to speak to me in person about your claim or to commence a claim for a broken patella, fractured wrist and other financial losses including lost income.

Council Ladder Hits Car: Compensation Claim Whiplash Neck Injuries

Tuesday, December 6th, 2011

UK car accident solicitor explains how to claim compensation if you have been involved in an unusual road accident including a collision with council ladder which caused injury such as whiplash

Road traffic accident victim question

I was driving down a local street within the speed limit when I noticed a council van at the side of the road. A ladder was positioned next to a lamp post and I believe an employee of the council was putting away equipment.

Just before I came level with the council vehicle the ladder toppled over hitting the front of my car causing me to slam on my brakes and swerve.

The council worker ran over and apologised for the accident.

I took his details and also telephoned the police who took the details of the accident down.

I did not at first appreciate that I was injured, but later that evening my neck started to stiffen up so I went to A & E and was diagnosed with whiplash neck injuries.

Can I claim compensation for my injuries?

Car accident solicitor response

The council worker who was responsible for the ladder appears to be acting in the course of his employment and as such his employer, the council, would be responsible for any acts of negligence by him.

I therefore believe that you will have a claim against the council for your whiplash injury.

You took all the correct steps in notifying the police and when your whiplash symptoms presented themselves – in attending the hospital. The police will have completed a report or at the very least will have details of the accident events which can be used to prove what happened should the events be disputed.

The hospital will have notes of you attending with your neck complaints and this information can be accessed by your solicitor – who can in turn instruct a medical expert to complete a report describing all of your whiplash symptoms relying on the hospital notes as a reference source.

You will however need a specialist road traffic accident solicitor/ employer’s liability lawyer to help you make your claim for whiplash.

Should you wish to proceed with a whiplash claim or to discuss your accident in more detail with me in person click car accident claims solicitor.

Fatal Car Crash Into Tram Support: Shudehill In Manchester City Centre

Friday, December 2nd, 2011

Car accident on 29 November 2011 on the tram line at Shudehill in Manchester city centre kills driver and seriously injuries front seat passenger

On Tuesday 29 November 2011 just before a torrential downpour of rain in Manchester city centre an elderly male car driver after leaving the Arndale market car park lost control of his vehicle crashing over the central divide on High St onto the tram line. He attempted to gain control of his vehicle, but was unsuccessful and he collided head on at speed into a tram power cable support on Shudehill.

An ambulance attended at the scene and the male driver – an elderly man, was freed from the car but was later pronounced dead. The front seat passenger, an elderly lady, was cut from the car and found to have multiple injuries including broken bones.

The reasons that the driver lost control are at this time not known.

Eye witnesses described a sterling effort by the emergency services in attempting the revive the driver and cutting the female passenger from the car, which had to take place working from the back of the vehicle due to the severe damage to the front. The police cordoned off the area to compile a police report of the accident scene noting any skid markings on the road, interviewing witnesses in local businesses and taking photographs of the accident scene.

Road traffic accident solicitor comments

This type of road traffic accident is both tragic and unusual.

The effective system of the emergency services is clearly demonstrated in assisting accident victims as quickly as possible – but also in compiling evidence which can be used at a later time to determine how the accident occurred.

The police report contains evidence of the scene – skid marks can illustrate the path of the vehicle and the speed the car was travelling at; independent witness evidence taken immediately after an accident can establish what was seen at the time; CCTV evidence can be used to show the exact route taken by the car and photographic evidence will illustrate the point of impact and damage caused to the car.

High speed head on collisions will inevitably cause the driver and passenger to suffer significant injury – hospital & GP notes will illustrate the exact nature of those injuries.

If a car accident compensation claim is made by the passenger from the driver’s motor insurers – the police report can be obtained by paying a small fee and the information within will largely determine who was at fault for the accident and so liability can be determined.

To determine how much compensation can be claimed a specialist road traffic accident solicitor will access GP and hospital records and instruct an independent medical expert to complete a report setting out the exact nature of the injuries and he likely symptoms to be experienced into the future including the likelihood of any disabilities.