Starting a road traffic accident claim can seem confusing. To help, we’ve compiled a guide with everything you need to know about road traffic accident claims and how to make one.
A guide to making road traffic accident claims
What’s more, we have advisors that give free legal advice. They are available to help 24/7 with no obligation for you to proceed with the services of our panel of solicitors. However, if you have a favourable claim, we could connect you. Find out more by:
- Calling us on the number at the top of the page
- Using our online contact form
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Choose A Section
- What Are Road Traffic Accident Claims?
- Car Accident Scenarios
- What Is A Road User’s Duty Of Care?
- Valuing Compensation For Road Traffic Accident Claims
- Could I Use A No Win No Fee Solicitor For A Car Accident Claim?
- More Information About Road Traffic Accident Claims
What Are Road Traffic Accident Claims?
A road traffic accident (RTA) is an umbrella term that covers all accidents on the road, not just car accidents. This includes pedestrian and cyclist accidents, too.
According to the Road Traffic Act 1988, road users owe a duty of care to each other. Alongside this, The Highway Code outlines what you and other road users are expected to do to keep each other safe.
Road users should use the roads with standard care and skill. This is to help prevent accidents and injuries.
However, being injured in an accident does not mean you are automatically eligible to make a road traffic accident claim. Your eligibility depends on whether or not you can prove third-party negligence. This means:
- The other party involved must have a duty of care
- They must have breached this duty of care
- Your injury must be caused by this breach
If you can provide proof that someone breached their duty and caused injury as a result, they could be found negligent. For example, if you stopped at a red light and were rear-ended by another car, resulting in injury, you could be eligible to make a claim.
For more information on what makes an injury eligible for a road traffic accident claim, talk to our advisors today.
Road Traffic Accident Figures
According to statistics provided by the Department for Transport, there were 119,850 total road casualties in the year ending June 2021. This number trends down by 9% from the year ending June 2020, while motor traffic has increased by 10% in the same period.
While provisional statistics show that 65,890 of these casualties were car occupants, it’s important to remember that road traffic accidents can happen to all road users. For example, 14,820 pedestrian casualties were recorded in the year ending 2021, alongside 16,810 pedal cyclists.
Contact our team of advisors today for more information on road traffic accident claims.
Car Accident Scenarios
There are many car accident scenarios that could result in a claim. For example:
- Rear-end collisions: If you are stopped at a red light and the car behind you rear-ends you, causing injury, you might be able to claim.
- T-bone collisions: If you are driving through a box junction and a vehicle drives through a red light, causing a side-on T-bone collision and resulting in injury, they have breached their duty of care.
- Drunk driving: If you suffer an injury in a collision and the other party is found to have been driving recklessly under the influence of alcohol, you could be eligible to start a claim.
What Is A Road User’s Duty Of Care?
All road users have a responsibility to ensure that the actions they take or do not take will not cause harm to anyone else. Drivers should use the roads with the standard care and skill of the average motorist.
If you sustain an injury in a road traffic accident and want to start a claim, you must then be able to prove that the offending party is in breach of their duty of care. There are a few ways you can do this by yourself, or you can use the help of a No Win No Fee solicitor.
There are multiple ways you could go about collecting evidence yourself, for example:
- CCTV or dashcam footage. Any footage of the accident that shows the other party driving recklessly or not taking proper care to ensure the safety of others could be used to support your claim. This could include CCTV from surrounding buildings, or dashcam/onboard recording devices.
- Police reports. If your accident was reported to the police, any reports made by them could be used as evidence. For example, if the other party involved was driving under the influence, breathalyser reports could back this up.
- Medical notes. Seeking medical advice after your accident is important for your own wellbeing, but it can also help your case. Notes or reports made by a medical professional could support your claim. You might also be invited to an independent medical review later on in your claim.
For more information on how a No Win No Fee solicitor can help you gather evidence to support your road traffic accident claim, contact our advisors today.
Valuing Compensation For Road Traffic Accident Claims
If your road traffic accident claim is successful, you would be able to claim general damages. This is a type of compensation that covers the pain involved with your injury, both physical and psychological.
A document called the Judicial College Guidelines (JCG) helps to value claims by providing possible compensation brackets for injuries. Below is a compensation table including some examples of injuries you could sustain in a road traffic accident, and the illustrative compensation brackets provided by the JCG.
Injury Type Compensation Bracket Notes
Moderately Severe Brain Damage £205,580 to £264,650 The injured person will be very seriously disabled, and will need substantial or round the clock professional care. Disabilities may be physical or cognitive.
Moderately Severe Post-Traumatic Stress Disorder £21,730 to £56,180 Some prognosis of recovery with professional help with effects likely to cause some disability for the foreseeable future
Total Blindness In the region of £252,180 Total loss of sight in both eyes
Total Loss of Hearing in One Ear £29,380 to £42,730 Total loss of hearing in one ear, with some dizziness, headaches, or tinnitus.
Traumatic Injury to Chest and Lungs £61,710 to £94,470 Traumatic injury to chest, lungs and/or heart causing permanent damage and disability/reduction to life expectancy.
Severe Neck Injury (i) In the region of £139,210 Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis.
Moderate Back Injury (i) £26,050 to £36,390 Cases of compression/crush injury to the lumbar vertebrae with a risk of osteoarthritis and consistent pain.
Less Severe Arm Injury £18,020 to £36,770 Injuries with a substantial degree of disability, but with a good degree of recovery expected or taking place.
Severe Leg Injuries: Serious (iii) £36,790 to £51,460 Serious compound or comminuted fractures or injuries to joints or ligaments resulting in instability and pain.
You might also be able to claim special damages. Special damages can cover any financial losses you suffer due to your injury. For example, if you need special equipment for your home, such as a stairlift, your special damages award could cover this.
Remember that the JCG supply guidelines, and not guarantees. Contact our advisors today to learn more about road traffic accident claim valuations.
Could I Use A No Win No Fee Solicitor For A Car Accident Claim?
You don’t need legal representation to make a road traffic accident claim, but it can make the process feel easier. A No Win No Fee agreement is a good way to fund legal representation when you want to make a personal injury claim. When you enter into a No Win No Fee agreement, you don’t have to pay any upfront or ongoing fees to your No Win No Fee solicitor.
If your claim succeeds, your solicitor will take a success fee from your compensation. This amount is capped by law to ensure you get the majority of your award. However, if your claim fails, you will not have to pay the success fee to your No Win No Fee solicitor.
To learn more about how a No Win No Fee solicitor can help you and your road traffic accident claim, our advisors are available 24/7 and ready to help.
Begin Your Road Traffic Accident Claim With Us
See if you can start your road traffic accident claim with our panel of experienced No Win No Fee solicitors. Contact our advisors today to find out how we can help you, by:
- Using our online contact form
- Using the live chat feature at the bottom of the screen
- Calling us on the number at the top of the screen
More Information About Road Traffic Accident Claims
For more information on road traffic accident claims, talk with us today. Or you can learn more about:
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Other Road Traffic Accident Claims Guides
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