M25 Motorway Accident Claim: Rubbernecking Causes Van / Car Collision

UK road traffic accident solicitor explains how road accidents are caused by rubbernecking causing driver distraction whilst attempting to view accident scenes whether on motorways or other roads

Motorway accident victim question

I was driving my car on the M25 / the ring road around London when I approached a junction and went in to a slip road. Travelling up the slip road approaching a set of traffic lights I noticed a RTA had occurred up ahead between a lorry and a transit van.

I slowed my car to a stop and had waited for approximately 30 seconds when suddenly my car was thrown forward with great force. My wife, who was a front seat passenger, and I got out of the vehicle and noticed that a transit van had collided with the rear of our car.

The van driver was unable to give an explanation for the collision, but it appears to me that the driver was rubbernecking / attempting to see the accident which had occurred and therefore had not noticed vehicles which had stopped in front of him.

As the police were already on scene for the other RTA – I approached them and an ambulance was called. My work colleague and I were taken to hospital where I was diagnosed with severe whiplash to the neck and shoulders and a broken bone in my right hand. My wife was diagnosed with whiplash and a broken knee cap. The knee cap injury was due to her knee being smashed into the car dash board.

Can we claim compensation for a motorway accident caused by rubbernecking?

Road traffic accident solicitor response

You are entitled to claim compensation from the transit van driver or, if it was a works vehicle and being driven in the course of employment, the driver’s employer.

Your M25 motorway accident claim can be made whether the accident was caused by rubbernecking or from some other lapse of concentration, such as an RTA caused by the distraction from the use of a mobile phone. In any event the driver collided with the rear of your vehicle when you were properly stopped given the road accident between the lorry and van ahead.

Both you and your wife appear to have had significant injury, which is consistent with the force produced by a transit van colliding with your car.

I believe a successful claim could be made for all of the injuries, including severe whiplash, a broken bone in the hand and a broken kneecap / patella.

An orthopaedic expert medical report will be obtained by a specialist solicitor on your behalf setting out all of your injuries and that of your wife. Based upon the medical report your solicitor will be able to value how much compensation you are entitled to claim for your respective injuries. In addition compensation for your damaged vehicle, lost income, medical expenses and any other financial costs caused as a direct result of the accident in London can be claimed.

Should you and your colleague wish to proceed with a claim for severe whiplash, a broken bone in the hand and a broken knee cap /patella click rubbernecking motorway accident claim solicitor.

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