Car accidents happen every day, causing injuries and financial losses for those involved. However, many road users do not understand car accident laws or how they help to prevent accidents or support those who have suffered from one. Therefore, this guide will elaborate on such laws and explain how you may be eligible to make a car accident claim with the help of our experienced solicitors.
Key Takeaways
- If another road user was responsible for your injuries, you may be eligible to claim compensation.
- Car accident laws could be found in the Road Traffic Act 1988 and the Highway Code are in place to prevent accidents and ensure the safety of all road users.
- After a collision with another road user, you are legally required to stop your vehicle at the scene.
- If you fail to adhere to car accident laws, you may be fined.
- Our experienced solicitors may help you claim compensation on a No Win No Fee basis.
To start your compensation claim today:
- Check out our contact page
- Give our team a call: 0800 073 8804
- Message our team on our live web chat
Jump To A Section
- What Is A Car Accident?
- Car Accident Law – When Do I Need To Stop?
- What To Do After A Collision
- Can I Be Fined If I Don’t Follow The Right Car Accident Laws?
- What Are My Rights After A Car Accident?
- Learn More About Car Accident Law And Collision Claims
What Is A Car Accident?
A car accident is a direct vehicle collision that can have minor or catastrophic consequences. It typically involves two or more vehicles, but it may also constitute collisions between cars and pedestrians, cyclists, animals, or any objects that may obstruct our roads.
Unfortunately, car accidents often result in personal injuries, financial losses, and damage to vehicles and personal items. Therefore, it is important for all road users to adhere to car accident laws to avoid collisions and incidents.
All road users owe a duty of care to one another not to cause damage or injury. They can fulfil this duty by adhering to the Road Traffic Act 1988 and the Highway Code.
If you have been injured in a car accident, you may be eligible to make a road traffic accident claim with our solicitors if:
- A road user owed you a duty of care
- The road user failed to adhere to car accident laws, negligently breaching this duty
- This breach resulted in your injuries
Is It Against The Law To Drive Without Wearing A Seatbelt?
Under rule 99 of the Highway Code, you are required to wear a seatbelt if you are a driver or passenger of a car. Failure to do so is a violation of the Highway Code.
However, there are some exceptions to seatbelt laws, when you are not legally required to swear a seat belt, such as:
- If you are travelling on public transport and a seatbelt is not present
- When travelling in an emergency services vehicle
- When reversing, this is to ensure you have a clear vision of the road behind you
If you are in a vehicle with minors, you must ensure they are sitting in a child’s car seat. This requirement applies until the child turns twelve or becomes taller than 135cm before that age. If a minor is above the age of twelve but smaller than this height, they must use a booster seat.
If you were injured in a car accident, speak to our advisors to find out if you are eligible to claim compensation.
Car Accident Law – When Do I Need To Stop?
While driving your car, some situations may arise when you are legally required to stop your vehicle. This is in accordance with car accident laws; to protect the safety of all road users. Some examples of when you are required to stop include:
- When you have been involved in a car accident that has caused damage or injury to anyone but yourself, under section 170 of the Road Traffic Act 1988, you are required to stop your vehicle at the scene of an accident you were involved in and exchange details.
- If your car has a mechanical problem, it may jeopardise the safety of yourself and/or other road users. Therefore, you are required to stop your vehicle to prevent car accidents.
Under these circumstances, you should turn on your hazard lights to warn other road users that your vehicle has stopped to prevent causing harm to others.
Whiplash Injury Law
Whiplash is a common injury caused by car accidents. The law surrounding such claims has recently changed with the introduction of the Whiplash Injury Regulations 2021.
When claiming for a whiplash injury, you must now meet the following eligibility criteria:
- You must have sustained your injury as a driver or passenger of a vehicle
- Your accident must have occurred in England or Wales
- You must have been eighteen or over
- Your injuries must be valued at £5,000 or less
If you meet this criteria and you are entitled to compensation, it will now be valued according to a fixed tariff set out in these regulations.
Further, if you have suffered from whiplash alongside other injuries, you should make your claim through the traditional claims process, as your injuries will likely be valued at more than £5,000. However, the whiplash tariffs will still apply.
If you were injured in a car accident, contact our advisers for a free consultation about starting a claim today.
What To Do After A Collision
If you are involved in a collision, the most important thing to do first is check if you are injured. If you are it is vital that you call emergency services to get emergency care. If it is safe to do so, check if others around you need any medical care. Next, if the accident scene is blocking the road it is advised to call the police to prevent any further accidents.
It is important to obtain the contact details, insurance details, and any registration numbers of those involved.
If you want to claim compensation for a car accident, there are also some things you can do to support your claim, such as:
- Obtain the contact details of the third party and any witnesses to the accident
- Obtain CCTV or dashcam footage of your accident
- Take photographs of your injuries and vehicle damage
- Obtain a copy of your medical and police report
When Should I Call 999 For A Car Accident?
If you have been involved in a car accident, we recommend that you call 999 immediately. This is so you can receive help from the appropriate emergency services, such as:
- The police: they may block off the road to prevent further harm and fill out a police report, which you could potentially use as evidence to support your claim.
- Paramedics: they may examine your injuries and take you to the hospital if necessary. Here, you may also obtain a medical report that supports your claim.
- Fire bigrade: If you have been involved in a serious car accident, you may need to be safely removed from the vehicle, or if the vehicle involved in the collision is causing an imminent threat to the surroundings of the accident, it may need to be safely removed.
Calling emergency services after a car accident not only protects yourself but also protects all road users from harm.
If you have been injured in a car accident, start a compensation claim with our advisors today.
Can I Be Fined If I Don’t Follow The Right Car Accident Laws?
The Road Traffic Act and the Highway Code are set in place to protect all road users. Therefore, if you fail to adhere to them, you may potentially face penalty points, fines, driving bans or imprisonment.
Some examples of how disobeying car accident laws may result in fines include:
- Failing to wear a seat belt or to ensure the security of minors in motor vehicles. This may result in a fine of up to £500.
- Failing to stop at the scene of a road traffic accident you were involved in. This may result in a fine of up to £5,000 and or a custodial sentence.
- Failing to maintain the speed limit. This may result in a minimum fine of £100 or a minimum of three points and/or a custodial sentence.
For more information on car accident laws or fines, contact our advisors today.
What Are My Rights After A Car Accident?
If another road user’s negligent driving resulted in your injuries, you may have the right to make a road traffic accident claim to be compensated for your injuries and losses.
Under the Limitation Act 1980, you must file this within three years of your accident. However, there are some exceptions to this;
- If the injured person lacks mental capacity and cannot pursue a claim, the time limit is indefinitely paused. However, if they regain mental capacity, the time limit will commence. This is recognised under the Mental Capacity Act 2005.
- If the injured person is a minor, they cannot legally make a claim. Therefore, the time limit is paused until they turn eighteen years old and runs until they turn twenty-one.
When the time limit is paused a suitable adult can apply to the court to be a litigation friend and pursue a claim on the injured person behalf.
How A No Win No Fee Solicitor Could Help
If you have sustained injuries in a road traffic accident, our experienced solicitors may help you claim compensation. They are specialists in road traffic accident claims and can help you by:
- Walking you through the claims process
- Explaining any key documents or legal terminology
- Building your case
- Gathering evidence
- Settling disputes on your behalf to avoid court proceedings
Further, our solicitors operate on a No Win No Fee basis. Therefore, you may be eligible to claim with them through a Conditional Fee Agreement (CFA). There are many benefits to this, such as:
- You pay no upfront or ongoing payments for our solicitor’s work on your claim
- Our solicitors will take a legally capped small percentage of your compensation for their work, if you are awarded compensation and your claim is successful.
- If your claim is unsuccessful, you will not be required to pay for the work our solicitors complete on it.
To start your compensation claim today:
- Check out our contact page
- Give our team a call: 0800 073 8804
- Message our team on our live web chat
Learn More About Car Accident Law And Collision Claims
Click on the following links to learn more about car accident laws and claims:
- Find out how much car accident compensation you may be awarded
- Learn about whiplash compensation
- Learn more about compensation for a family car accident
References:
- Learn about seatbelt law with GOV.UK
- Learn about statutory sick pay with GOV.UK
- Learn about vehicle insurance with GOV.UK
We hope that this guide on car accident law was insightful and that you now understand how to start a claim with our experienced solicitors.
