Road Accidents: An introduction to claiming

Road Accidents:
An introduction to
claiming compensation
“I was knocked from
my bike by a driver
towing a caravan …
Had the driver of the
caravan taken more
care and attention,
the accident could
have been avoided.”
Mr Harvey
At what price is careless
driving?
Every 30 seconds, someone in the world is killed in a road accident
(Source: Brake the road safety charity).
Road accidents happen on a daily basis and the range and severity of
injuries caused by road accidents is enormous.
Some injuries can have a short term impact on day to day life and then
heal permanently. Others can last for life.
Whiplash injuries, for example, can heal relatively quickly. Or if they’re
still present after two years, are likely to be permanent.
Some injuries take time to develop - and the expenses involved can
escalate.
Road accidents sometimes affect victim’s families, too. It can be a very
real struggle for family members to provide the care and support needed.
Here is a brief guide to how Thompsons can help you pursue a claim.
Experience Counts!
Why you should use the most
experienced injury law firm in Britain.
Thompsons has been established over 90 years.
We use that experience to ensure that clients get the right
amount of compensation in every claim, which has resulted in
several record settlements over the years.
What’s more, our clients keep the full 100% of any settlement our fees are paid for by the other side.
It costs absolutely nothing to talk to us about your own case and
without obligation. Simply phone the number on the back cover.
“I was raising money for Christina, the
daughter of a friend who was tragically killed
in a hit and run accident, and then became a
victim of one myself” Mr Harvey
“Back in 2009 I was taking part in
a charity cycle ride from John
O’Groats to Land’s End when I was
involved in a serious cycling
accident.
I was on the final leg of the long
distance event, cycling across
Bodmin Moor, when I was knocked
from my bike by a driver towing a
caravan.
The driver drove off without
stopping, but thankfully the driver
behind pulled over to help me and
dialled 999.
Still unconscious, I was airlifted
to Derriford Hospital in Plymouth
where I was diagnosed with a
bleed on the brain. I also suffered
from pre and post-traumatic
amnesia, and sustained injuries to
my left hand and right shoulder.
I’m fully recovered from my
physical injuries now, but I still
have a few issues with my
concentration and memory.
I really want my accident to
highlight the need for a serious
change in the way cyclists are
treated on the roads.
Had the driver of the caravan
taken more care and attention, the
accident could have been avoided.
I want my experience to remind
fellow cyclists of the importance of
using cycle helmets to prevent
serious brain injury - there is no
doubt that had I not been wearing
my helmet, I would not be around
today.
I’m retired now and am still a
keen cyclist, getting out and about
on my bike at least twice a week I love it as it’s the ideal way to keep
fit in my old age.
But people have to feel safe
when they go out on their bikes.
That's why cycle safety
awareness is so important, for both
cyclists and drivers.
I was raising money for
Christina, the daughter of a friend
who was tragically killed in a hit
and run accident, and then
became a victim of one myself.
The whole experience has been
hugely upsetting for myself and my
family, but I want to try to help
others through what happened to
me.
I’d like to thank my solicitor at
Thompsons Solicitors for being
hugely informative and
professional, but also for being
around to offer me advice and
support.
It granted me the peace of mind
I needed to fully recover from my
injuries and regain my fitness.
When you’re retired you no
longer have the luxury of work
colleagues to talk things through
with, so I relied on that personal
touch - everyone I dealt with was
fantastically helpful.”
“My mam describes Thompsons as being
‘Absolutely great - they can’t do enough to help
you!’ And I know she’s recommended
Thompsons to other people.” Mark
Mark was a passenger in car which skidded and went over a 70 foot
drop and into a beck. He was paralysed from the neck down. Mark and his
family, aware of the considerable costs they were facing for his care and
rehabilitation, claimed compensation with Thompsons Solicitors.
Today, Mark is moving on with his life, driven by his bravery and sheer
determination.
Five important points
for you to consider
1. Get the best evidence you can to help
your claim
To make a successful claim for compensation it has to be proved that
someone else was to blame for your accident and the injuries you are
suffering from.
Obviously, the stronger your evidence the stronger your claim.
You should try to get the names, addresses and phone numbers of
anyone who was involved in your accident or witnessed it.
People involved in accidents are often in shock and unable to do this,
but you should report your accident to your local police station within 24
hours.
You should also seek medical attention and treatment either at a
hospital or from your local GP as soon as possible following your accident.
Trauma can mask the pain of some injuries, such as whiplash - so make
sure you are properly examined even if you feel ok.
It may also be helpful if you have photographs of the location of the
accident, or any photographs relevant to the accident or your injuries.
2. Timing can be vital
You should seek legal advice as soon as possible - action needs to be
started within three years of the date of the accident.
There are exceptions, for example in relation to claims made by
children. But it is always best to see a solicitor as soon as possible after the
accident
As far as Thompsons is concerned the more time you have in hand, the
more thoroughly we can prepare your claim.
3. What if the driver wasn’t insured
or didn’t stop?
If you have been injured by someone who was uninsured, or who left
the scene of the accident without stopping and giving their details, there
are still ways we can help you.
The Motor Insurance Bureau (MIB) is an organisation that helps
members of the public who have been affected by uninsured or untraced
drivers.
We can contact the MIB on your behalf but, again, such accidents need
to be reported within time limits so you should contact a solicitor as soon
as possible.
4. How much compensation might be
awarded?
The circumstances of road accidents are often similar, but the effect on
the individual is unique and this makes every compensation claim
different.
Compensation is awarded for pain, suffering and the inability to do
things now that you could do before the accident. For example the inability
to work, to drive, to shop, to play sport, to care for yourself.
You are also entitled to recover any losses or expenditure you pay out as
a result of your injuries. These include loss of income and the need to pay
others to do things you could previously do yourself, and travel costs to and
from your doctor’s surgery and hospitals, and prescription charges.
An experienced solicitor will claim for past and future losses and for any
rehabilitation or care you might need.
5. What about state benefit claims?
You may be entitled to disablement benefit and/or other State Benefits.
Thompsons can advise you on this as, of course, can your local
Department of Work and Pensions (DWP) office.
Any such claims are made separately to your claim for compensation.
The phone number of the DWP benefit enquiry freephone is at the back of
this booklet, along with other helpful numbers.
“My mother was...very, very happy with
the settlement, too. She says she’s ‘Over the
moon!’. And all the more so because she
gets to keep 100% of it!” Michael
Michael helped his mother Elsie with her accident claim. She was
standing on the pavement when a car mounted the pavement and reversed
into her, ripping skin from the back of her leg and trapping her foot.
There are many types of road accidents and it is important to seek
prompt advice from a solicitor who understands your type of case.
Pedestrians
• Pedestrians must be given the right of way by motorists.
• If you were hit by a car - even if it didn’t stop - you may be able to make a
claim.
• It is important that you report the accident to the police and seek
medical attention. Your solicitor will investigate further with the police
and with witnesses as part of your claim.
Motorcyclists
• Motorcycles represent approximately 1% of the traffic on our roads in the
UK but they account for 18% of all deaths and serious injuries.
• Motorcyclists are vulnerable drivers and a collision often leads to very
serious injuries.
• A claim would be made against the responsible party’s insurers - this
might be the driver of a car who collided with you or perhaps a land
owner if a road in poor condition caused the accident.
Passengers
• You may have been a passenger on public transport, in a taxi or in a
private vehicle such as a car, van, bus or coach.
• Whether you were wearing your seatbelt will affect your claim. We will
assess your case under no obligation and advise you on this.
Drivers
• If you were the driver of a car your claim would be against the person
who was responsible for the accident - perhaps another driver was
driving without due care and collided with you.
Cyclists
• Cycling can be good fun, great exercise and an enjoyable leisure activity.
However cyclists are very vulnerable on the road and have little
protection if they are involved in any type of collision.
• You should always seek medical attention after a cycling accident and If
you have hit your head you should speak to a solicitor who specialises in
head and brain injuries.
Thompsons were absolutely terrific!
They explained exactly what would happen,
all of which was completely new to me, and
kept me informed all the way through.
I knew what was happening at all times! Tracy
“…I was driving…a driver
suddenly pulled out…forcing me to
swerve hard to the right to avoid
him and we crashed into some
railings with considerable impact.
I briefly passed out. But I quickly
regained consciousness
The engine had caught fire, there
was a lot of smoke…and I even
had trouble getting free of my seat
belt.
I was taken to casualty…. Initially
it was thought I had whiplash
injuries - pain in my neck, ribs and
all down one side. But with time
the pain got worse, not better and I
had a miserable and painful year .
I couldn’t drive any more, which
I missed. Eventually, after scans, it
was decided I needed an operation
on my right shoulder and that was
done three years ago.
As a result I have been able to
drive again.. But considerable pain
remained and still does to this day.
My union representative
suggested I make a personal injury
claim and put me in touch with
Thompsons, who are solicitors who
act for my union in such claims.
Thompsons were absolutely
terrific! They explained exactly
what would happen, all of which
was completely new to me, and
kept me informed all the way
through. I knew what was
happening at all times!
My claim solicitor knew I did
shift work and was always really
helpful about that, too, moving
meeting times around to fit my
shifts.
My claim should have come to
court in March of this year - but it
was settled before that. I was glad
not to have to appear in court and
very happy with the settlement.”
How Thompsons can help you
Thompsons is recognised by The Legal 500 as a leading personal injury
law firm. We’ve earned a formidable reputation for fighting hard for our
clients to ensure the maximum compensation in the minimum time.
Our specialist road accident teams have experience of winning cases
big and small.
We have files bulging with testimonials from clients more than satisfied
with the service and settlements that they received, a few of whom have
appeared in this booklet. Not one of them had to pay us anything.
And being Thompsons clients, they all got 100% of the award achieved.
If they were members of a Union their claims were usually supported by
their union’s legal scheme.
Useful contacts
The Motor Insurance Bureau.
01908 830 001
www.mib.org.uk
Department for Work and
Pensions benefit enquiry line.
Freephone 0800 88 22 00
Textphone 0800 24 33 55
www.dwp.gov.uk
ROSPA, The Royal Society for
the Prevention of Accidents.
0121 248 2000
www.rospa.com
SCARD - Support and Care After Road Death and Injury
offers support to people affected by road death and injury.
0845 123 5542
www.scard.org.uk
Brake, the road safety charity.
0845 603 8570
www.brake.org.uk
For more information about
making a claim, simply call
Thompsons on 08000 224 224
Thompsons Solicitors Offices
North East
North West
Newcastle-upon-Tyne 0191 269 0400
Middlesbrough
01642 773 220
South Shields
0191 4974 440
Liverpool
Manchester
0151 224 1600
0161 819 3500
Wales & South West
Yorkshire
Leeds
Sheffield
0113 205 6300
0114 270 3300
Cardiff
Bristol
Plymouth
Swansea
029 2044 5300
0117 304 2400
01752 675 810
01792 484 920
Midlands
Birmingham
Nottingham
Stoke-on-Trent
Derby
Wolverhampton
0121 262 1200
0115 989 7200
01782 406 200
01332 224680
01902 771551
South East
London
Southampton
Chelmsford
Dagenham
Wimbledon
Oxford
020 7290 0000
02380 212 040
01245 228800
020 8596 7700
020 8947 4163
01865 332 150
Further Information
Call us, without obligation, for free compensation claim advice
on 08000 224 224.
Or if you are in a union, ask your representative for advice.
You can find out more information on our website at
www.thompsons.law.co.uk
The information contained in this brochure is not a substitute for legal advice, and only
applies in England and Wales. You should talk to a lawyer or adviser before making a decision
about what to do.
Thompsons Solicitors is a trading name of Thompsons Solicitors LLP
and is regulated by the Solicitors Regulation Authority.
March 2012