This is a guide to the road traffic accident procedure. If you’re wondering how to claim compensation for a car accident, then this article could help. For example, we look at the legislation that governs road users and how failing to adhere to the rules of the road could cause an accident.
Road traffic accident procedure guide
Should a negligent driver cause you to suffer injuries in a road traffic accident, you might be eligible for compensation. However, you will be required to prove driver negligence caused your injuries. We investigate examples of evidence that could be submitted in road traffic claims.
To conclude, we look at No Win No Fee arrangements. If you would like to hire the services of a solicitor, it might benefit you to work with one on a No Win No Fee basis. We explain what this means.
Our advisors can answer any questions you may have about the personal injury claims process. Furthermore, if your case could mean you’re entitled to a settlement, they could connect you with a lawyer from our panel. To speak to us:
- Call the number at the top of the screen.
- Use the live chat feature.
- Contact us online.
Choose A Section
- What Is The Road Traffic Accident Procedure?
- Road Accident Situations
- How Do I Claim Based On The Road Traffic Accident Procedure?
- Payout Estimates After Road Accidents
- What Benefits Come From Appointing No Win No Fee Solicitors?
- Further Resources About The Road Traffic Accident Procedure
What Is The Road Traffic Accident Procedure?
Road users are legally required to act in a manner that reasonably can prevent themselves and other road users from experiencing harm. This is known as their duty of care.
All road users owe a duty of care towards others on the road. If this is breached, and you’re harmed physically or psychologically as a result, you could be entitled to claim.
However, the duty of care on the roads is not equal. Changes to the Highway Code in January 2022 mean that there is now a hierarchy of road users. This means that the duty of care weighs more heavily on those road users with the greatest potential to cause harm. This means, for example, that an HGV driver would have a greater responsibility to safeguard a pedestrian than vice versa.
Call our advisors to learn more about the claims process for a road traffic accident from one of our advisors. If they feel you have a legitimate case, they could connect you with a No Win No Fee lawyer from our panel.
Car Accident Figures
The Department for Transport monitors road casualties in Great Britain. The 2021 Annual Report, published on 29 September 2022 figures for all casualties include:
- 16,654 pedestrian casualties.
- 16,458 pedal cyclist casualties.
- 15,443 motorcycle rider casualties.
- 15,838 motorcycle user casualties.
- 49,781 car driver casualties.
- 70,755 car occupant casualties.
Road Accident Situations
As stated above, road users owe each other a duty of care. This is under the Road Traffic Act 1988. In addition to this, the Highway Code sets out rules and regulations for road users to follow. Anything in the Highway Code that is a legal requirement (these can be identified by the use of the word “must”) will be found in legislation.
For example, if you suffer an injury in a car accident because the other driver failed to stop at a give way sign, you might be eligible for compensation. This is because it’s a legal requirement to adhere to this kind of road marking,
You could also suffer injuries as a pedestrian. For example, you could suffer a hand injury if a driver fails to stop at a red light while you are crossing and knocks you over, meaning that you need to use your hand to break your fall. You might be able to claim for the pain and suffering this causes.
Personal injury claims can also be made by cyclists and motorcyclists who are injured because of negligence. For example, if a driver is driving too fast and causes an accident in which you’re injured, you may be able to claim.
Call our advisors to discuss how the road traffic accident procedure could prove driver negligence. They could connect you with a lawyer from our panel with experience in road traffic accident claims.
How Do I Claim Based On The Road Traffic Accident Procedure?
As stated above, you can only make a road traffic accident claim if you can prove negligence. Part of the road traffic accident claims procedure involves submitting evidence that proves your car accident claim.
Evidence examples could include:
- Medical records.
- Photographs of the accident scene.
- Injury photographs.
- Pictures of damage to your vehicle.
- Witness contact details.
- CCTV, dashcam or mobile phone footage.
Additionally, reporting a road traffic accident to the police is necessary in some cases. The police report could also support a claim.
You may wish to seek legal advice from road traffic accident solicitors. They can help you understand the road traffic accident procedure as well as help you gather supporting evidence. For example, by taking statements from anyone who saw what happened.
Call our advisors for free legal advice about the road traffic accident procedure. If they feel you have a valid claim, they could connect you with a No Win No Fee solicitor from our panel.
Payout Estimates After Road Accidents
If you suffered due to a car accident, you may want to know how much road traffic accidents are worth. You may have tried using a personal injury claims calculator to learn the value of your car accident compensation claim. However, a road traffic accident calculator may not be able to consider every aspect of your claim. That’s because each claim is different.
Firstly, in successful road traffic accident claims, general damages will be awarded. This is compensation for the pain and suffering that your injuries have caused you. We can’t provide an exact figure in our table, but we can provide brackets from the latest edition of the Judicial College Guidelines (JCG). This document is used by legal professionals to help them value personal injury claims.
| Injury | Notes | Potential Compensation |
|---|---|---|
| Severe neck injuries (ii) | Serious fractures or cervical spine damage causing considerably severe disabilities. | £65,740 to £130,930 |
| Moderate head injury (iii) | There could be limited dependence on others, small epilepsy risk, reduced ability to work and problems with concentration and memory. | £43,060 to £90,720 |
| Arm injuries (b) | Substantial permanent disablement from serious fractures in one or both forearms. Residual disability could be functional or cosmetic. | £39,170 to £59,860 |
| Severe leg injuries -serious (iii) | Instability, prolonged treatment and near-certain arthritis, along with extensive scarring from serious compound or comminuted fractures. | £39,200 to £54,830 |
| Moderate hip and pelvis injuries (i) | Although the injury is significant, there is not a great risk of major future disability. | £26,590 to £39,170 |
| Moderate back injuries (i) | Residual disability from back injuries, such as substantial osteoarthritis risk and constant pain. | £27,760 to £38,780 |
| Serious shoulder injuries | Dislocation along with damage to the lower brachial plexus which causes pain and sensory issues in the hand and forearm. | £12,770 to £19,200 |
| Moderate hand injuries | Injuries such as deep lacerations or soft tissue wounds, penetrating wounds or crush injuries. | £5,720 to £13,280 |
| Traumatic digestive system injuries (iii) | Serious seat-belt pressure injuries. | £6,610 to £12,590 |
| Chest injuries (g) | Rib fractures or soft tissue injuries causing serious pain and disability that lasts no longer than a few weeks. | Up to £3,950 |
Some road traffic accident compensation claims may also include special damages. This head of your claim helps to recover costs incurred due to your injuries. However, you must be able to supply evidence. For example, if you are claiming for repairs to your pedal bike, you will need to present the invoice or receipts.
Whiplash Reforms
If you sustained low-value injuries as an adult passenger or driver in a vehicle, and your accident occurred on or after the 31st May 2021, the road traffic accident procedure may be different in your claim. This is due to the Whiplash Reform Programme.
This reform means that if your injuries are valued at £5,000 or less, you will claim through the government’s Official Injury Claims portal instead. Furthermore, these claims will be valued in line with the Whiplash Injury Regulations 2021. However, these tariff amounts could also apply in claims that are not made through the portal.
You may wish to seek legal advice before claiming in this way, as you may be underestimating your own injuries. That’s because once your road traffic claim is settled, it cannot be reopened.
Call our advisors for help understanding the road traffic accident procedure and for a free estimation of your claim’s value.
What Benefits Come From Appointing No Win No Fee Solicitors?
You may wish to appoint a solicitor for your compensation for a road traffic accident claim. You could hire a No Win No Fee solicitor who could provide their services under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee agreement.
If you claim for a road traffic accident with the support of a No Win No Fee solicitor, your solicitor typically won’t charge you an upfront fee for their services. If your claim for a road traffic accident is successful, what is known as a success fee will be taken from your award. The law limits the amount that can be taken. Should your car accident claim fail, you will not usually be expected to pay for your solicitor.
Discuss A Road Accident Compensation Claim With Us
Our advisors can help you understand the road traffic accident procedure and provide a free assessment of your claim. If it seems like your claim is eligible and you would like to proceed with our services, you could be connected to our panel of solicitors.
To speak to us:
- Call the number at the top of the screen.
- Use the live chat feature.
- Alternatively, contact us online.
Further Resources About The Road Traffic Accident Procedure
We have included more of our guides below for reference:
- No Win No Fee Explained
- Personal Injury Claims Time Limit
- What Are The Average Personal Injury Claim Payouts?
Furthermore, we have included links to external resources below:
Writer Danielle Blanche
Publisher Fern Styles