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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Can you claim if someone crashes into you on the hard shoulder?

    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:

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    • 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

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.