Road traffic accident (RTA) injury claims

If you have been seriously injured in a road accident as a result of somebody else’s negligence, we can help you claim compensation.

We recover compensation in road accident claims for severely injured:

• drivers;
• passengers or pillion passengers;
• pedestrians;
• cyclists;
• motorcyclists or moped riders;
• e-scooter riders.

We also recover compensation for severely injured clients in complex claims, where:

• the road accident happened abroad;
• someone died in the accident;
• someone else caused the accident, but the injured person was partly to blame;
• the injuries were caused by someone else’s unlawful behaviour;
• the driver who caused the accident was uninsured, or untraced after a ‘hit-and-run’.

You can make a personal injury claim for:

• yourself – for your own injuries;
• an injured child who is under the age of 18 (as their litigation friend);
• an injured adult who lacks mental capacity (as litigation friend);
• the estate or dependents of someone who died in a fatal accident (as personal representative/executor).

Road accidents can occur during any situation or activity which involves vehicles or road travel from place to place.  RTA collisions lead to compensation claims when they are caused by the negligence of one or more individuals or organisations and result in someone suffering a serious injury.

Road accident injury claims most commonly arise from:

• car accidents;
• injury to pedestrians from negligently driven vehicles;
• accidents which cause injury to passengers;
• accidents causing injury to cyclists;
• motorcycle or moped accidents;
• collisions involving e-scooters;
• road accidents abroad or on holiday;
• road accidents at work (construction vehicles, forklifts, commercial vehicles);
• accidents involving public transport (taxis, buses);
• accidents involving farm vehicles;
• single-vehicle accidents (highways negligence or defective vehicles);
• accidents caused by uninsured drivers or as a result of hit-and-run.

Road accidents which cause severe injury leading to compensation claims are often the result of one or more of the following driver errors:

• speeding or driving too fast for the road conditions;
• tailgating or driving too close to the vehicle in front;
• losing control of the vehicle;
• failing to stop, slow down, give way or take action to avoid a collision;
• overtaking too close or in dangerous circumstances;
• failing to keep to their own carriageway, lane, or side of the road;
• failing to look or signal when turning or changing lane;
• failing to comply with the highway code;
• driving an unroadworthy vehicle (defective lights, indicators, tyres, or brakes);
• driving whilst distracted or on a mobile phone;
• driving under the influence of alcohol or drugs.

Claims can also be made against the council, highway authority or their contractors for road accident injuries caused by their negligent failure to maintain safe roads, or correctly warn or alert drivers to ramps, skips, road works and other hazards on the road.

Our personal injury lawyers are specialists in catastrophic and severe injury compensation claims for clients who have suffered life-changing injury and permanent disability. We focus on maximising their recovery through funded rehabilitation, whilst supporting them through the changes and adjustments to their lives and ensuring they receive their full entitlement to compensation to meet their lifelong needs.

Our clients have usually suffered one or more of the following:

• head injury/brain injury;
• spinal cord injury (SCI) - paralysis, tetraplegia, paraplegia;
• loss of limbs or amputation;
• major trauma or multiple injuries;
• blindness, deafness or sensory impairment;
• maxillofacial injury;
• severe lacerations or nerve injury;
• burns or scalds;
• severe scarring and disfigurement;
• degloving injuries (needing skin grafting);
• or chronic pain;
• PTSD or psychological injury;
• fatal injury.

The amount of compensation that each of our clients receives depends on their injury and disability and its impact on their life. We ensure that each client’s claim is carefully calculated to meet their needs arising from their disability and replace their financial losses. In cases involving severe injury and disability, the value of the claim will reflect the injured person’s need for rehabilitation, specialist equipment, adapted accommodation, treatment and care for the rest of their life. Negotiated settlements may also be adjusted for ‘litigation risks’, such as the injured person’s own contributory negligence.

Our personal injury solicitors specialise in personal injury claims for people who have suffered severe, life-changing injury and disability. Our clients’ claims often include compensation for:

• pain, suffering, and disability;
• costs of care and case management;
• rehabilitation - often funded directly by the defendant’s insurer;
• therapies (occupational therapy (OT), physiotherapy, speech, and language therapy;
• PTSD treatment and psychological counselling;
• medical, surgical or pain management treatment;
• specialist vehicles, equipment, assistive technology, prosthetics (amputation);
• additional costs of adapted accommodation;
• loss of earnings and pension;
• support with vocational or special educational needs (SEN);
• Court of Protection deputyship.

In road accident claims arising from fatal injury, we help the deceased’s dependent family claim compensation for their loss of the deceased’s income or ‘services’ (childcare, housework, driving, DIY etc), as well as funeral costs and a fixed, statutory bereavement award.

The law and the insurance industry recognise that car accidents can cause life-changing injuries, and that those who are injured in accidents caused by negligent drivers are entitled to compensation. The law requires drivers to have motor insurance to ensure that anyone who is injured as a result of a driver’s negligence can be compensated for their injuries. The insurance industry also provides an alternative way of claiming compensation for injured victims of uninsured or untraced drivers, through the Motor Insurers’ Bureau (MIB).

If someone is seriously injured in a road accident which was caused by a driver who was not insured to drive the car or is untraced after a hit-and-run accident, we can help the injured person or their family claim compensation from the Motor Insurers’ Bureau (MIB).

Read more about how we help clients who have been injured in road accidents caused by uninsured or hit-and-run drivers.

Road traffic accidents (RTAs) and resulting injuries can have more than one cause. When the injured person’s own behaviour was partly to blame for their injuries in an accident that was caused by someone else’s negligent actions, this is known as contributory negligence. Where the injured person’s contributory negligence increased their risk of harm from an accident or made their injuries worse, their compensation may be reduced in proportion to their own contribution to their injury.

Our personal injury solicitors are experts at achieving outstanding settlements for severely injured clients in complex cases involving contributory negligence. We fight insurers’ attempts to deny claims or unfairly reduce them where we believe our client deserves full or partial compensation.

Examples of road accident claims involving contributory negligence in which we succeeded in recovering compensation for our injured client include:

• not wearing a seatbelt;
• car-surfing;
• pedestrians failing to wait for the red light on a pedestrian crossing;
• stepping out without properly checking that the road is clear.

Read more about how we help injured clients in RTA claims involving contributory negligence.

We understand the challenges faced by families after a road accident causes life-changing injury. We frequently act for families in claims involving children or teenagers who have been injured in accidents whilst being driven by family members or friends, or accidents in which multiple family members or friends were injured, or where the negligent driver who caused their passengers’ injuries lost their own life in the accident.

The thought of making a claim in these circumstances can seem overwhelming, but our clients discover that the extensive needs of the severely injured person can best be met by compensation. Our experienced solicitors have supported injured clients and their families through difficult claims in sensitive circumstances, securing the rehabilitation that is vital to ensure their best chance of recovery, and the necessary compensation to help them manage their disability. When deciding to make a claim, many clients find it helpful to remember that:

• the driver’s insurance company has a legal responsibility to pay compensation to those injured by their insured driver’s negligence, so the insurer usually handles the claim for the negligent driver;
• road accident injury claims are civil claims for compensation, not criminal proceedings;
• in most of our clients’ cases, liability is agreed and settlement negotiated without the need for court proceedings or attendance at court;
• insurer-funded rehabilitation improves the injured child, teenager, or adult’s prospects of recovery, and compensation ensures that their ongoing needs will be met.

If you have been seriously injured in a road accident whilst working or on holiday abroad, you may be entitled to claim compensation for your injuries.

Our personal injury solicitors have secured compensation for many clients who have experienced life-changing accidents in foreign countries.

Compensation claims for severe injury arising from accidents abroad are complex and must be handled by specialist solicitors. Our experienced lawyers can advise you how, when and where to make a claim and ensure you recover the compensation you deserve.

Read more about how we help clients secure compensation for injuries suffered in accidents abroad.

If someone is injured in a car accident that was caused by another driver, the negligent driver’s insurers will be responsible for paying any compensation settlement arising from a claim.

If the driver who caused the accident was uninsured, or is untraced after a hit-and-run accident, we can help the injured person claim compensation for their injuries from the Motor Insurers’ Bureau (MIB).

Compensation for serious injury in road accidents caused by unsafe roads can also be claimed from:

• the highways agency (e.g. Highways England) responsible for major roads and motorways;
• the local highway authority (e.g. council) responsible for minor roads and pavements;
• 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 (skips, spillages, debris, or items dropped from open lorries).

In each client’s case, we investigate the accident and its cause based on evidence from our client, witnesses, our experts and the police, and advise our client on the correct defendant(s) to direct their claim towards, to ensure that they will succeed with their claim.

In most personal injury claims relating to injuries which occurred in England or Wales, court proceedings must be issued (formally started) within three years of the date of the injury.

There are some exceptions to the three-year limitation deadline.

• A child’s three-year time period only begins to run from the age of 18, meaning that their limitation deadline expires when they reach the age of 21.
• Adults who lack mental capacity to make their claim have no limitation deadline. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim.
• In exceptional circumstances, the court may extend the limitation deadline, such as where it was not known that an injury had occurred until after the deadline for making the claim.
• If the injury occurred in an accident abroad, the law of the country where the accident happened will usually set the time limit for making a claim. These time limits vary from country to country and can be much shorter than the deadlines in England and Wales. If you have suffered a serious injury in a road accident that was not your fault whilst working, travelling, studying or on holiday abroad, you should contact us for advice straight away.
• Claims against the Motor Insurers’ Bureau (MIB) and the Criminal Injuries Compensation Authority (CICA) are also subject to significantly shorter deadlines and may be rejected if there is any delay.

Failing to issue personal injury proceedings within the limitation deadline can have serious consequences and may result in the injured person losing their right to make a compensation claim. We recommend that you contact us for free advice as soon as possible after your injury to enable our personal injury claims solicitors to protect your entitlement to compensation and assist in your rehabilitation and recovery.