If someone crashes into you on the hard shoulder, you could be entitled to make a car accident claim. Here is why.
Why you can claim if someone crashes into you on the hard shoulder
Motorists have a duty of care towards other road users to prevent accidents on the road by:
- Driving with due care and attention
- Not exceeding speed limits
- Maintaining their vehicles in a safe, road-worthy condition
- Avoiding fatigue by taking regular breaks
If a vehicle crashes into you on the hard shoulder, there is a chance that the driver of the vehicle was:
- Not paying attention and subsequently failed to see you
- Speeding and therefore unable to brake in time to prevent a vehicle collision
- Fatigued and subsequently inattentive or too slow to react in time to prevent a motoring accident
- Unable to stop due to a defect in the vehicle
Either way, the responsible driver was in breach of his duty of care towards you and subsequently liable for your injury.
What to do if a car crashes into you on the hard shoulder
If you were injured by another road user crashing into you while on the hard shoulder, you should collect the following evidence to support a potential passenger or driver injury claim:
- Medical assistance as soon after the car crash as possible
- The other driver’s details (name, address, licence number, insurance information, etc.)
- Contact details of witnesses and/or attending emergency personnel (ambulance drivers, paramedics)
- Names and service numbers of attending police officers
- If possible, get sketches and/or photographs of the scene (i.e. position of your vehicle before and after the collision, position of the other vehicle, road layout, warning signs you may have placed to warn other drivers of your presence on the hard shoulder, etc.)
If your personal injuries prevent you from getting these details yourself, ask someone else or a police officer to obtain them for you. You should also be able to get a copy of the police report.
After the accident
While recovering from your injury, you should also obtain and keep receipts for any expenses you incurred because of your traffic accident (medical bills, travel expenses, the cost of having your car or other personal belongings repaired or replaced, and so on).
Accident Advice Helpline
Finally, get obligation-free, expert car accident compensation advice by calling our freephone helpline from your mobile or any UK landline on 0333 500 0993 or 0800 689 0500.
Date Published: May 9, 2017
Author: Accident Advice