If you have suffered an injury due to an accident on a bend in the road that was someone else’s fault, you may be entitled to compensation. The injuries that you have experienced may change the way you go about your daily life. You may find it challenging to attend work, which can lead to a difficult financial situation. The full impact of your injuries can be considered as part of a potential car accident claim.
Read this guide to find out whether you could be eligible to claim personal injury compensation. You can also learn how compensation is calculated and the various factors that could influence your potential payout.
Additionally, we outline common causes of accidents on bends in the roads and the evidence that you could provide to strengthen your case. Furthermore, you can learn about the legal time limits that you must meet when claiming for a road traffic accident.
Finally, we explain how our solicitors represent eligible claimants on a No Win No Fee basis.
To learn more about this, you can read this guide or get in touch with our advisors for free advice. They can assess your eligiblity to start a claim and potentially connect you to one of our solicitors for expert representation:
- Call us 0800 073 8804
- Submit an online claim form
- Use the live chat pop-up in the corner
Jump To A Section
- Can I Claim For An Accident On A Bend In The Road?
- How Much Compensation Could I Get For My Claim?
- What Can Cause An Accident On A Bend To Occur?
- What Evidence Will I Need To Make My Claim?
- Is There A Time Limit For Claiming Compensation?
- No Win No Fee Road Accident Claims
- More Information
Can I Claim For An Accident On A Bend In The Road?
In order to claim compensation for an accident on a bend in the road, you must be able to show that:
- A road user owed you a duty of care
- They failed to use the road in accordance with this duty
- As a result, you suffered an injury
In this context, a duty of care refers to the responsibility of all road users to use the roads safely to avoid causing harm. This also includes adhering to the Highway Code and the Road Traffic Act 1988 (RTA). For example, you should not exceed the legal alcohol limit when driving, as this could endanger other people using the road.
If you would like to receive a free case assessment to determine your eligibility to claim compensation, speak with an advisor today. They will let you know whether one of our No Win No Fee solicitors could represent your case.
How Much Compensation Could I Get For My Claim?
Your compensation may be split under 2 separate heads of claim. In successful cases, the claimant will always receive general damages. This covers the suffering and pain you have experienced due to your road traffic accident. This may include the future effects of the injuries, especially if you have yet to recover.
When assessing general damages, legal professionals may use the Judicial College Guidelines (JCG). This legal document pairs different types and severities of injury with compensation guideline brackets.
We have included some figures from the JCG in our table below. When reading these, it is important to recognise that there is no guarantee of the compensation that you could receive. All road traffic accident claims are individually assessed.
Please note that the first figure we have included was not provided by the JCG.
Type of Injury | Severity | Compensation Bracket |
---|---|---|
Multiple Severe Injuries with financial costs | Severe | Up to £1,000,000+ |
Head | Very severe | £344,150 to £493,000 |
Leg | Amputation involving loss of both legs | £293,850 to £344,150 |
Arm | Severe | £117,360 to £159,770 |
Back | Severe (ii) | £90,510 to £107,910 |
Chest | Continuous disability | £38,210 to £66,920 |
Shoulder | Serious | £23,430 to £58,610 |
Pelvis/hip | Moderate (i) | £32,450 to £47,810 |
Neck | Moderate (i) | £30,500 to £46,970 |
What Factors Impact The Amount Of Compensation I Get?
Your compensation award may also be impacted by the extent to which you have suffered financially due to the injuries resulting from your accident on a bend in the road. This part of the compensation comes under special damages. You could be able to reclaim the following costs:
- Medical expenses (such as prescription costs)
- The cost of travel to and from medical appointments
- Loss of earnings due to time taken off work to recover
- The cost of adjustments made to your home to live with your injuries (such as a stair lift)
- Payments made for professional care
Evidence will need to be provided of these costs and losses, such as with payslips and bank statements.
Will The Whiplash Reforms Impact My Compensation?
Due to the Whiplash Reform Programme, certain road traffic accident claims will need to be made via a new avenue if the following apply:
- The accident took place in Wales or England
- Those injured were the driver or passenger of a vehicle
- The injured persons are aged 18+
- The injuries suffered are valued at £5,000 or less. This includes whiplash and other minor injuries, such as a strained wrist, for example.
These low-value injuries will be valued against the fixed tariff within the Whiplash Injury Regulations 2021. We have included some of these tariffs below:
Duration | Whiplash | Whiplash with Psychological Injuries |
---|---|---|
Injuries lasting 18 and 24 months | £4,215 | £4,345 |
Injuries lasting between 15 and 18 months | £3,005 | £3,700 |
Injuries lasting between 12 and 15 months | £2,040 | £2,125 |
Injuries lasting between 9 and 12 months | £1,320 | £1,390 |
The Whiplash Reform Programme may also affect other aspects of your claim. To learn what these are, you can contact our advisors.
What Can Cause An Accident On A Bend To Occur?
A variety of factors may cause an accident on a bend in the road. These include excessive speed, overtaking on blind bends, distractions and a lack of signage. Keep reading to learn more about how an accident may occur.
Excessive Speeds
Drivers must not exceed the maximum speed limit for the road, as outlined by rule 124 of the Highway Code. This is because driving fast makes it difficult to perform an emergency stop or safely turn a bend in the road. Therefore, you may crash into the vehicle due to being unable to stop in time or safely turn a bend.
A pedestrian could also step onto the road on a bend, so if you are speeding, you may not see them in time to stop. Hitting a pedestrian at high speed could result in a fatal injury.
Overtaking On Blind Bends
Overtaking another vehicle on a blind corner is extremely dangerous, as you may not be able to see any approaching vehicles on the other side of the road. Some drivers may be tempted to overtake on a blind corner if they are in a rush or impatient.
However, according to rule 166 of the Highway Code, you should not overtake if you cannot see whether it is safe or not. If you have any doubts about your ability to perform this manoeuvre safely, you should not attempt to overtake. This is because you may end up crashing into another vehicle that you did not see coming.
Distraction
Rules 148 and 149 of the Highway Code establish that you must concentrate on the road in order to drive safely. This means that you should avoid distractions on the road, such as:
- Making attempts to read maps
- Drinking and eating
- Playing loud music
- Arguing with someone else in the vehicle
- Smoking
You also must not handle a mobile phone or similar handheld device. If a driver does not focus their attention on the road, they may not have time to react to sudden changes. For example, if a cyclist joins the road in front of you while you are typing on your phone, you may hit the cyclist and severely injure them.
Lack Of Signage
When there is a sharp bend in the road, it’s important that drivers are aware when coming up to it. If there is inadequate signage, a driver may go round the bend at an inappropriate speed. This may cause them to collide with a motorcyclist or driver coming from the opposite direction. This could have severe consequences, such as a fatal motorcycle injury.
Do not be concerned if we have not included the cause of your accident on a bend in the road. You can contact our advisors for free to find out whether you may have a valid car accident claim.
What Evidence Will I Need To Make My Claim?
You must provide evidence of the injuries you have suffered, the accident that caused them and any expenses that you wish to reclaim. This will strengthen your case and increase your chances of claiming compensation. Your evidence could include:
- Your medical records (you can request a copy of these from your health care provider)
- Photos of the injuries you have suffered
- Videos of the accident (including CCTV footage or dashcam footage)
- The contact information of people who saw your road traffic accident happen
- Bank statements, receipts and payslips
- A copy of a police report (if applicable)
If you’re not sure what evidence you would be able to provide for a potential compensation claim, speak with an advisor today. They can evaluate your evidence and explain whether it could meet the requirements to support your case.
Is There A Time Limit For Claiming Compensation?
The time limit for a claim involving an accident on a bend in the road is typically 3 years starting from the date of injury. This is established by the Limitation Act 1980.
However, exceptions to this rule may apply in cases involving an injured party who is:
- Below the age of 18
- Mentally incapacitated
Since these types of claimants cannot make decisions for a claim themselves, the time limit is frozen. The 3 year time limit will only commence:
- Once they turn 18
- If they recover this mental capacity
This can cause family members or loved ones of the injured person to worry, as it could take some time before they can claim for themselves.
However, an eligible party can also apply to act as a litigation friend. This is where someone represents the claim on another person’s behalf. The role requires you to act in the best interests of the claimant.
If you have any questions about how the time limit applies to your specific case or would like to discuss the responsibilities of a litigation friend, please do not hesitate to contact one of our expert advisors.
No Win No Fee Road Accident Claims
One of our No Win No Fee solicitors could help you with your road traffic accident claim under the terms of a Conditional Fee Agreement (CFA). Essentially, with this agreement in place, you would not need to pay fees for your solicitor’s work:
- Before the claim begins
- While the claim is underway
- In the event that you do not receive compensation
However, should you receive compensation, you will owe a success fee. This refers to a percentage of the compensation that you give to the solicitor who represented your case. There is a legal cap in place, so you can rest assured that you will keep most of the compensation for yourself.
Not only can our solicitors represent eligible claimants on a No Win No Fee basis, but they can also provide legal services based on decades of combined experience. These services include:
- Assisting with the collection of evidence, which will strengthen your case (this could consist of taking witness statements)
- Corresponding with the defending party, so you do not have to worry about what to say
- Putting you in touch with medical experts, such as a psychologist or physiotherapist
- Negotiating for your compensation to cover the general and special damages that are relevant to your case (we explain how compensation is calculated earlier in this guide)
Contact Legal Experts Solicitors
If you have any questions about claiming compensation for an accident on a bend in the road, you can speak with our advisory team. They will provide you with straightforward answers, free of charge. They may also be able to connect you to one of our No Win No Fee solicitors, who could make the process of your personal injury claim much smoother.
However, there is no pressure to work with Legal Expert if you would simply like to enquire:
- Call us 0800 073 8804
- Submit an online claim form
- Use the live chat pop-up in the corner
More Information
Read our other road traffic accident claim guides:
- Learn how to claim against an uninsured driver
- Find out whether you could claim for a road rage attack
- Read about zebra crossing accident claims
External resources:
- Visit the government’s guidance on how to claim Statutory Sick Pay (SSP)
- Read the statistics on road casualties provided by the Department for Transport
- Find out about whiplash injuries from the NHS
Thank you for reading our guide on how to claim for an accident on a bend in the road.