Road Traffic Accidents – Frequently Asked Questions
This is a helpful guide that aims to address any questions you have relating to road traffic accidents. This type of accident can lead to injuries that vary in nature and severity. For example, you could sustain serious injuries that have a permanent impact on your mental and physical health or you could sustain injuries that are minor and don’t leave a lasting impact. You may be able to seek compensation if you can satisfy the criteria for beginning a personal injury claim. We will discuss these in more detail throughout our guide.
A guide on road traffic accidents
Additionally, we will look at how the introduction of the whiplash reforms could affect the way you make your claim and the compensation you could be awarded for certain injuries.
Furthermore, we will look at the different aspects of the claims process, including the evidence you could gather to support your case and how compensation is calculated.
We will also discuss the duty of care road users owe one another and look at how a breach of this could lead to a road traffic accident. There will also be examples of the different types of road accidents and the injuries that could be sustained.
If you would like to contact us regarding your potential claim, you can get in touch with an advisor. They can provide a free case assessment and if they find your case is valid, they could connect you with a solicitor from our panel to begin working on your case. To get in touch, you can:
- Contact us online
- Call on 0800 073 8804
- Message an advisor using our live chat function below.
Select A Section
- When Could You Claim For Road Traffic Accidents?
- What Are The Most Common Road Traffic Accidents?
- How Do You Prove The Other Road User Was At Fault?
- What Road Traffic Accident Payout Could I Claim?
- Why Contact Us About Claims For Road Traffic Accidents?
- Learn More About Road Traffic Accidents
When Could You Claim For Road Traffic Accidents?
If you have been injured in a road traffic accident, you could begin a personal injury claim if you can satisfy the eligibility criteria. This means showing the following:
- Firstly, you were owed a duty of care.
- Secondly, there was a breach of this duty.
- Finally, this breach resulted in your injuries. This constitutes negligence.
The Road Traffic Act 1988 outlines that road users owe one another a duty of care. This means they have a responsibility to ensure that they are using the road safely and preventing injury to themselves and others. Additionally, information on the rules different road users must follow is included in the Highway Code, alongside guidance about the responsibilities they have.
The Whiplash Reform Programme
The Whiplash Reform Programme introduced changes to the process of making a claim for whiplash and soft tissue injuries. As such, if you are an adult driver or passenger and you have sustained injuries worth less than £5,000, you need to claim in a different way. Additionally, the value of any whiplash injuries will be calculated via the fixed tariff found in the Whiplash Injury Regulations 2021.
However, in cases where you have other injuries that take the total value of your claim over £5,000, you will claim via the traditional route. Also, any injuries that are not included in the whiplash tariff will be valued traditionally. However, your whiplash-related injuries will still be valued using the fixed tariff.
How Long Do I Have To Claim For A Road Accident?
You must begin your personal injury claim for a road traffic accident within the time limit set out in the Limitation Act 1980. Generally, this period is three years from the date of your accident. However, some scenarios could suspend your time limit.
One such scenario could be if the claimant is under the age of 18. In this instance, the time limit would be put on hold until their 18th birthday.
Additionally, if a claimant doesn’t have the required mental capacity to claim for themselves, their time limit would be paused indefinitely. It can restart if the person recovers there capacity. They will then have three years from the recovery date.
Please note that in both of these situations, a claim could still be made whilst the time limit is suspended through the services of a litigation friend, an adult appointed by the court to act on behalf and in the claimant’s best interest.
What Are The Most Common Road Traffic Accidents?
According to the Reported road casualties Great Britain annual report for 2021, there were an estimated 128,209 casualties of all severities in 2021.
Additionally, the report showed that the majority of road collisions involved at least one car. However, there are several types of road traffic accidents that could occur, including:
- Motorcycle accidents
- Lorry and HGV accidents
- Cycling accidents
- Pedestrian accidents
- Car accidents
- E-Scooter accidents
- Bus accidents
There are also several injuries that could be sustained as a result including fractures, broken bones, head injuries, amputations, sprains and strains and psychological injuries. If you can prove that negligence occurred, you could be compensated for the way your injuries have affected you. Call our team to learn more.
How Do You Prove The Other Road User Was At Fault?
In order to strengthen your claim, you should provide as much evidence as possible. Evidence can be used to prove an injury occurred due to a breach of duty. It can also provide details on the extent of your injury and the way it’s affected your life. Examples of this can include:
- Dashcam footage of the accident.
- A diary of your treatment which can illustrate the physical and psychological suffering you have experienced.
- Medical records, such as X-rays which can highlight the extent of your injury.
- Contact details of witnesses who could make a statement at a later date.
- If you have had to report a car accident to the police, the police report can be used as evidence.
One of the services our solicitors could offer is helping clients collect evidence for their claims. If you would like to solicit the services of one of our solicitors, contact our advisors using the details provided at the top of your page.
What Road Traffic Accident Payout Could I Claim?
Following a successful claim, there are two heads of claim that you may receive compensation from. The primary head of claim that accounts for the pain and suffering caused by your injuries is general damages.
Below, you will find a table of compensation figures taken from the Judicial College Guidelines (JCG), a tool used to value this aspect of claims.
Compensation Table
| Injury | Value | Notes |
|---|---|---|
| Paralysis | £219,070 to £284,260 | Cases of paraplegia are included in this bracket. Compensation awards will vary depending on factors such as presence of pain and its extent, life expectancy, sexual function and how much independence the person has. |
| Moderate Brain injuries (i) | £150,110 to £219,070 | Moderate to modest intellectual deficit present, personality change, effect on speech and sight and no prospect of employment. |
| Moderate Brain injuries (iii) | £43,060 to £90,720 | There will be a limited dependence on others, with concentration affected and the ability to work reduced. |
| Severe Back injuries (i) | £91,090 to £160,980 | Injuries resulting in a combination of incomplete paralysis, impaired sexual function and severe pain. |
| Loss Of One Arm (ii) | £109,650 to £130,930 | Arm is amputated above the elbow. |
| Severe Hip/Pelvis Injuries (iii) | £39,170 to £52,500 | Examples could include a fracture of the acetabulum leading to the likelihood of a future hip replacement. |
| Wrist Injuries | £24,500 to £39,170 | Injuries resulting in permanent disability but with some useful movement remaining. |
| Less Serious Leg Injuries (ii) | £9,110 to £14,080 | Simple fracture of a femur that doesn’t involve any damage to the articular surfaces. |
| One or several whiplash injuries | £4,215 | Injuries that last more than 18 months but less than 24. |
| One or several whiplash injuries | £3,005 | Injuries that last more than 15 months but less than 18. |
Please note that these figures are guidelines. Each claim is individual, so the amount you’re awarded will differ. However, the final two entries are taken from the whiplash tariff and the amounts are fixed.
Special Damages
The other head of claim is known as special damages and accounts for any past or future financial losses caused by the accident in which you sustained an injury. Some examples of losses you could seek reimbursement for include:
- Travel costs.
- Medical expenses.
- Loss of earnings.
- Care costs.
To reiterate, evidence can be used to prove financial losses. Therefore, you should keep hold of any relevant payslips and receipts.
For more information on the compensation you could be awarded following a successful road traffic accident claim, get in touch using the number above.
Why Contact Us About Claims For Road Traffic Accidents?
Our solicitors have experience handling personal injury claims involving road traffic accidents. They can offer services such as:
- Helping you gather evidence
- Valuing your claim
- Ensuring your claim is put forward within the limitation period
- Presenting your case in full
Furthermore, they work under a type of No Win No Fee agreement, called a Conditional Fee Agreement. Under the terms of this contract, you would not be charged any upfront or ongoing legal fees for your solicitor’s services.
In addition, you won’t be charged for the work they do on your claim if it doesn’t succeed.
Following a successful claim, your solicitor will take a small success fee from your compensation. This fee will be legally capped by The Conditional Fee Agreements Order 2013, which means you can’t be overcharged.
Get In Touch With Our Team
You can take the next step in seeking compensation for a road traffic injury by contacting our advisors. They may connect you to one of our solicitors who have experience dealing in claims similar to your own. To get in touch about road traffic accidents and whether you could be eligible to seek compensation, get in touch using the following details:
- Contact us online.
- Call on 0800 073 8804
- Message using our live support chat.
Learn More About Road Traffic Accidents
Browse some more of our guides:
- For more information regarding child car accident claims.
- Learn more about careless and dangerous driving.
- Browse this guide on rear shunt accident claims.
- Read more on the new whiplash claim rules.
Follow these external links for more information:
- GOV – Learn how to request CCTV footage of yourself.
- Crown Prosecution Service – Driving offences.
- NHS – Find out how to get your medical records.
We hope this guide has provided answers to questions you had relating to road traffic accidents and seeking compensation for injuries you sustained as a result. If you have any other questions, get in touch using the number above.
Written by Westwood
Edited by Mitchell
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