Road traffic accident claims & compensation

‘Road traffic accident’ is a wide-ranging term.

In England and Wales, it is defined by law as “an accident resulting in bodily injury to any person or damage to property caused by, or arising out of, the use of a motor vehicle on a road or other public place”.

The definition for Scotland and Northern Ireland is similar under their respective legal systems.

A road traffic accident can be when a vehicle collides with either another road user, an animal or an object – causing damage, injury or even loss of life to those involved.

Some accidents on UK roads are just that – an unfortunate set of circumstances that cannot be helped. But the sad truth is that most accidents are the result of someone doing (or not doing) something before a collision, quite often as a result of a momentary lapse in concentration. This means that many road traffic accidents are entirely avoidable.

According to official government data, more than two-thirds of reported road accidents in 2018 were caused by driver or rider error. A further 20% of accidents were the result of “injudicious action” – this can include speeding, running red lights or ignoring pedestrian crossings.

Many of our clients are injured on rural roads or due to other drivers using their mobile phones or driving whilst under the influence of alcohol or drugs.

If you have been injured in an accident on the road, due to someone else’s fault, you may be entitled to make a claim for road traffic accident compensation. Call our legal experts on 0800 124 4845 or get in touch with us today.

In 2018, European Commission data revealed that UK roads were the safest in Europe. Official government statistics also show a 6% drop in the number of reported road traffic accidents for 2018 – with 122,635 incidents involving cars, motorcycles, HGVs, pedestrians and more.

But this still means more than 330 accidents occurred each day and resulted in injury or death. In total, government statistics show that more than 160,000 casualties were reported – 25,500 of whom suffered serious injuries. Sadly, there were also 1,784 reported road deaths in 2018.   

Just as different factors can cause an accident in the first place, how it then affects you and your family can also vary and no two claims are ever the same. Our specialist road traffic accident solicitors have substantial first-hand experience of how accidents can leave their mark – and it means that we can help you no matter how severe or life-changing that impact is.

We have particular expertise in supporting road traffic accident compensation claims involving:

Amputations

Injuries to limbs and other body parts are common in road traffic accidents, whether you are the driver, passenger or a pedestrian. Medical professionals will always attempt to save a limb after a serious accident. But this may not always be possible or successful.

If limbs, fingers or toes become crushed, severed or damaged beyond repair, the resulting loss of limb will have life-changing consequences. Many of our clients suffer from traumatic amputation or have elective amputation surgery after their accident. We know how much of an effect this can have on you and those nearest to you. So, our aim is to give you the best possible chance at rehabilitation and returning to the quality of life you (or a loved one) enjoyed before your accident.

Brain Injuries

At Boyes Turner, we specialise in securing road traffic accident compensation for those who suffer a traumatic brain injury. Our dedicated expertise means that we understand – better than most – the importance of clear advice and practical support for you and your loved ones following a serious brain injury.

Our priority is to work with you and your family to help you rebuild your life. As members of Headway’s panel of personal injury solicitors, we agree to abide by their code of conduct. This means you have confidence knowing that we have both the expertise and commitment required to ensure you get the help and support you need.

Psychological Injuries and Post Traumatic Stress Disorder (PTSD)

It is sometimes the unseen impact of an accident that people need most support with. As part of any road traffic accident claim, our team are mindful of the emotional and psychological consequences for you and your family after a traumatic and frightening event.

Informed by our experience in handling  Post Traumatic Stress Disorder compensation claims, we can ensure that you and your loved ones are given the treatment and support you need to help you to come to terms with the aftermath of an accident and to deal with some of the feelings you may have such as fear, anxiety, loss of confidence and sense of self and low mood. If your physical injuries are more severe and long-term, we will also call on the organisations that we work with to help you adapt to the changes you face and start to rebuild your life.

You do not need to suffer in silence after a road traffic accident that was not your fault. Contact our team on 0800 124 4845 or get in touch via our online form for the support you deserve. 

It is important to remember that drivers are not the only road users who can make a road traffic accident claim. Anyone who is involved in an accident involving a vehicle may be able to make a claim – this includes pedestrians, cyclists and motorcyclists, as well as passengers of vehicles.

The one factor that must be proven in all road traffic accident claims is that someone else is, at least, partly to blame or 'liable'. If you think you are partly at fault (known as contributory negligence) then you can still make a claim but your compensation will be reduced depending on the amount of responsibility agreed for each party.

Call 0800 124 4845 or get in touch for a free, no-obligation consultation. Our team can give you expert legal advice in relation to your accident – and your prospects of receiving compensation.

The aftermath of a serious road traffic accident is always an emotional time and worrying time.  There are many things to think about and uncertainties about what the future holds.

The aim of compensation is to put you back to the financial position you would have been in had your accident not occurred.   However, making a claim for compensation can also ensure that you have access to ongoing rehabilitation to give you the best chance of maximising your recovery and regaining your independence.

Here are some reasons why you should consider making a road traffic accident claim:

• To receive compensation for your physical and psychological injuries which reflect your pain, suffering and loss of amenity (impact on daily life)
• To cover the cost of any out of pocket expenses such as travel expenses, care, medical treatment, aids and equipment or adaptations to your home or car
• To replace lost earnings and pension if you need to take time off work and/or cannot return to your pre accident work
• To fund any ongoing care, rehabilitation or treatment

To start the process, get in touch for a free, no-obligation consultation. The aim of this is for us to find out more about the accident in your own words. It is also important for us to understand how the injuries sustained have affected you and your family.

With this information, we can advise you on whether we believe you have a claim. If so, we can tell you more about funding your claim and what you can expect as your claim progresses.

If you decide to proceed, our road traffic accident solicitors will gather evidence about your accident and injuries from any witnesses or organisations such as the police or hospital,  We will notify the party at fault of your compensation claim and they will be allowed a period of time to investigate and advise whether they accept fault for your accident.

We will arrange early rehabilitation and support for you and your family where possible, and ensure you get the practical, legal and financial advice you need immediately after your accident.

We will obtain medical evidence about the nature and extent of your injuries and any non medical evidence about the long term needs and financial implications of your injuries such as care or equipment needs.

When we have all the necessary information and reports, we will advise you on the level of road traffic accident compensation you should expect to receive and contact the insurer of the party at fault to negotiate a settlement on your behalf.

To start the claims process, all it takes is to call 0800 124 4845 or get in touch online.

Will your claim go to court?

Most of the cases that we deal with settle amicably without the need to go to court, however if the other party does not accept fault or disputes the amount, then court proceedings will be commenced so that a Judge can decide on these issues. 

Many of the cases we issue settle before the trial date and we will continue to try to negotiate settlement with the other side -  where possible.

Does making a claim involve a medical examination?

Yes – as part of our information-gathering process, you will be asked to undergo an independent medical examination so that we can understand the full extent of your injuries and any long term impact in order to help us to properly value your claim.

Serious road accidents can have catastrophic consequences – especially for the most vulnerable road users. Sadly, those consequences can sometimes be fatal. The impact on those left behind is one of profound shock and distress.

We appreciate how the idea of making a road accident traffic claim can seem far from important in such situations. While it cannot bring back a loved one who has passed away, it can provide the financial and emotional support you need when coming to terms with your loss.

In most road traffic accident injury claims, your solicitor negotiates with the insurers of the other person or organisation that we believe to be at fault. It is the insurer who will be responsible for paying your compensation.

Depending on the individual circumstances of each accident, serious injury claims arising from unsafe highway conditions may be made against:

• the highways agency (such as Highways England) responsible for major roads and (smart) motorways;
• the local highway authority (such as the council) responsible for minor roads, pavements and walkways;
• a contractor carrying out building or maintenance work on the roads;
• the Ministry of Transport/government;
• utility companies (responsible for low hanging cables, burst water mains etc);
• other drivers or commercial organisations responsible for hazards or obstructions on the road ( such as skips, spillages, debris, or items dropped from open lorries).

What if you are injured in a hit-and-run or by an uninsured driver?

While it is rare, accidents can be caused by an uninsured driver or a driver/rider who then leaves the scene. But it does not (and should not) mean you cannot claim road traffic accident compensation.

If this happens to you, our road traffic accident solicitors can help you make a claim to the Motor Insurance Bureau – an organisation set up specifically to help people in your position.

The amount of road traffic accident compensation you could receive will depend on the severity of your injuries and any past or future financial losses and expenses you suffer. There are numerous factors that are considered, which are usually broken down into two categories: general damages and special damages.

General damages is the amount of compensation for “pain, suffering and loss of amenity” (impact on day to day life). Guidance for the amount of general damages to be paid can be found in the Judicial College guidelines, which is updated each year and is based on both the severity of the injury and part of the body affected.

Special damages is the amount paid for any past or future losses and expenses incurred as a direct result of your accident and injuries. Special damages are designed to reflect your unique financial and rehabilitation needs. This includes loss of earnings or pension, cost of care or medical treatment, adaptations to your home or vehicle, aids or equipment and the like.  

If you are claiming on behalf of a loved one who has passed away due to a road traffic accident, you may also be entitled to the statutory bereavement payment currently set at £15,120.

We believe that everyone should have the right to seek justice when injured in an accident that is not their fault. Our solicitors can support many road traffic accident injury claims on a no win no fee basis.

If we can support your claim on a no win no fee basis, there will be nothing to pay up front. You also pay nothing if your claim is unsuccessful. See our guide to funding your claim for more information.

To find out if you could make a no win no fee claim, contact us today for your free consultation. You can call us at your convenience on 0800 124 4845 or get in touch by using our online form.

We strongly recommend starting a road traffic accident compensation claim as soon as possible. This will give us the best chance of collecting the information needed to build a strong case.

But we know that, for some people, the focus is on coming to terms with the raw emotions that can follow an accident that was not your fault. So, if you do not wish to start a claim right away, you have three years from the date of the accident in which to do so.

In some cases, there are exceptions to this limit – especially if the accident involves children or means a loved one can no longer decide for themselves. 

Our road traffic accident solicitors can provide simple, straightforward advice and support when you need it most. Contact us on 0800 124 4845 or get in touch for your free consultation today.