‘You can only claim for compensation if someone is breaking the law.’ To determine whether this statement is true or false, it is perhaps best to take a look at the possible causes of a road traffic accident, for instance.
Many motoring accidents are the result of one or more of the following possible causes:
- Driver distraction, such as use of a mobile while driving
- Ignoring traffic signals or signs
- Vehicle defects
- Poor road or weather conditions
- Lack of experience
The former three examples would involve drivers breaking the law and the fourth, vehicle defects, would only be a case of breaking the law if the driver knowingly drove a vehicle that was not roadworthy.
When drivers are not breaking the law
Traffic accidents caused by tiredness, lack of experience, bad weather or poor road conditions would not be described as the driver having broken any specific driving laws. The responsible driver could, however, be guilty of neglecting his or her duty of care towards other road users.
If you were injured in an accident on the road because another driver was tired or fell asleep at the wheel, for example, you could therefore claim for compensation in spite of the fact that no laws were broken.
True or false
These facts make it clear that the statement ‘You can only claim for compensation if someone is breaking the law’ is false. While a breach of duty of care will have to be shown, making a car accident claim is not dependent on another driver actually having broken specific laws.
Accident Advice Helpline
As a law firm specialising in car crash claims, we can help you get the compensation and justice you are entitled to after your vehicle accident.
Our solicitors work on a no-win, no-fee basis, so there is no need to abstain from claiming for fear of the financial implications of engaging a member of our nationwide legal team. Any
fees or other expenses we incur during the claim process will be deducted from your compensation, as a percentage, once your claim process has been successfully concluded.
Enlisting our help
Talk to one of our friendly advisors on 0333 500 0993, from your mobile, or 0800 689 0500 from a landline. Alternatively, simply complete our 30-second test online now to enlist our help.
Date Published: April 29, 2016
Author: Accident Advice