Each year, many hundreds of thousands of us are injured in car accidents in the UK, despite our country boasting some of the world’s safest roads. Many of these victims go on to make successful claims for personal injury compensation, but how do you know if your claim would be valid?
Establishing driver negligence in personal injury compensation cases
In order for a claim for personal injury compensation to be valid, you must be able to prove that your injury was not your fault, and was due to the negligence of the other driver. In order to establish blame, courts will look at a few different factors. Firstly, they will question whether either driver was in violation of traffic laws. The driver who has broken the law is likely to be blamed in the event of an accident. They will also take into account the condition of both vehicles, and whether or not they were in a fit state to drive. If either driver has driven despite knowing that their vehicle was in need of repair, they may be blamed for the accident.
The weather often plays a part in many road accidents in the UK. Courts will question whether or not both drivers had adequately prepared for weather conditions, and whether or not they had adapted their driving accordingly (by slowing down in heavy rain or snow, for example, or by turning on headlights in foggy conditions).
Finally, if either driver has run into the back of the other, it is likely that they will be blamed for the incident, even if the front driver was driving exceptionally slowly at the time of the accident or was forced to brake suddenly. Drivers are expected to leave a safe distance behind other vehicles to take into the account the possibility of emergency stops, allowing for weather conditions.
Making a claim for personal injury compensation after a car accident
If you’re considering making a claim for personal injury compensation due to driver negligence, contact our experts at Accident Advice Helpline. They will be able to help you establish where the blame lies, and what evidence would be required to claim. Although there is no obligation to go ahead with a claim simply by making a call, if you choose to do so it will usually be done over the telephone and on a ‘no win, no fee*’ basis. For a very quick guide to your eligibility, consult our 30-second online claim calculator. Give us a call free on 0800 689 0500 or 0333 500 0933 from a mobile phone.
Date Published: December 15, 2013
Author: David Brown
Category: Car accident claims