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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

    Whose Fault was my Traffic Accident?

    Whose Fault was my Traffic Accident?

    Many people that find themselves injured following a road traffic accident turn to Accident Advice Helpline to assist them in getting compensation. However, before anybody can make a claim for damages following an accident on the road, you first have to establish who was to blame. You can only claim damages for injuries sustained in a traffic accident if it wasn’t your fault. However, determining whose fault an accident was is not always easy, but there are certain aspects of an accident that can often give an indication.

    Point of impact

    The most common traffic accident people experience is a rear-end collision. This is where a vehicle travelling behind fails to stop in time and hits the rear of your car. If this has happened to you, then it is most likely the person behind was at fault for the accident, because the onus is on a trailing car to leave enough space to stop in time if the car in front comes to a halt, regardless of the reason. Another common accident is when a vehicle hits a car, coming out of a junction, that is turning either left or right. In these instances, it is the car coming out of the junction that is normally held liable, as you should never pull out of a junction unless it is safe to do so.

    Obeying the law

    Another good indicator that a traffic accident wasn’t your fault is if the other driver was doing something contrary to law. If they were on their phone, running a red light, speeding or not paying attention to the road ahead, it is most likely they were to blame for an accident. If the police are on hand and penalise this driver for breaking the traffic laws, that is often all the evidence you need to prove the other driver was at fault. However, if the police are not present, try to get the details of any witnesses and make a note of everything the other driver says, such as if they apologise for their wrongdoing or accept blame for the accident.

    Making a claim

    If you have been involved in a traffic accident that you believe wasn’t your fault and you have suffered an injury, it is important you contact a specialist law firm, such as Accident Advice Helpline, as soon as possible, as there is a time limit in making any personal injury claim. In addition, it is important to get statements from witnesses as quickly as possible while the incident is fresh in their mind.

    Date Published: August 30, 2013

    Author: David Brown

    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.