Accidents
Accidents on the Road
Any driver of a motor vehicle (whether pubic or private transport and whether commercial vehicle, car or motorcycle) owes a duty to other road users, namely other drivers, passengers, cyclists, motorcyclists and pedestrians, to drive the vehicle safely and not to drive the vehicle negligently.
Any such driver is obliged by law to have a policy of insurance in place to cover claims by third parties i.e. other drivers, pedestrians, cyclists etc.
The driver of a motor vehicle may be regarded as negligent, if involved in a road accident, if he or she:
- drives it too fast.
- fails to brake too slowly or not at all.
- fails to control the vehicle properly.
- fails to have regard to traffic signals or road signs.
- fails to keep a proper lookout for other road users.
- fails to leave adequate stopping distances.
After road accidents, If the driver is adjudged to have driven the vehicle negligently, with the result that he or she has caused you to suffer a personal injury which wasn’t your fault, then you may be entitled to bring an injury clam against the driver.
It is compulsory for drivers of such vehicles to have insurance to cover claims against people who suffer injuries as a result of their negligence. If the driver has no insurance a road accident personal injury claim can still be made against an organisation called the MIB (Motor Insurers Bureau). If you are involved in a hit and run road accident and you cannot trace the other driver that hit you, compensation may be available through the MIB.
We can also assist if you are involved in a road traffic accident abroad and suffer injury.
Injuries from these types of road accidents can range form typical minor whiplash through to severe head injury, or even a fatality.
If you have been injured as a result of a defective motor vehicle, you may have a claim. For example, if you are the owner/driver of the motor vehicle and, knew nothing about defective workmanship done by a garage and your vehicle is involved in an accident causing injury, you (and/or any passengers) may be able to claim against the garage. Obviously, if you knew, or ought to have known, that you vehicle is defective (e.g. bald tyres) then you have no right to claim, although if others suffer injury as a result, they may well have a claim against you.
If you are an injured Driver
You can make a claim against the driver of the other vehicle (commercial vehicle, car, motorcycle) if the road accident is not your fault.
You may also make a claim against:
- the council if the accident is caused by defects in the road.
- a pedestrian or a cyclist, if the accident is their fault. However they will not have a motor insurance policy in place (although they may have public liability insurance) so you may be unsuccessful in recovering damages if they are unable to pay.
If you are an injured passenger
You can make a claim if you are an injured passenger.
This clam will be made against the party at fault. This may be the driver of the vehicle you are travelling in, or the driver of the other vehicle.
Passengers are liable to have any damages reduced if they are not wearing a seat belt or, alternatively, if they know or ought to have known that the driver of the vehicle they got into is unfit to drive through drink or drugs or some other reason.
If you are a cyclist
If you are hit by another vehicle in a road traffic accident, or the other vehicle causes you to have an accident, you may be able to claim against the driver of the other vehicle that is at fault.
If you are a pedestrian
If you are a pedestrian involved in a road traffic accident with a vehicle that is not your fault and you suffer injury, you can make a claim against the driver of the vehicle.
