• Did you contribute to the accident; if the answer to this is no, then potentially you may have a claim as the accident was not your fault and so why should you suffer at the expense of someone else’s actions?
• Where you in another vehicle; if you were in your own car and were involved in the accident and the taxi driver was at fault then you can make a claim for compensation against the taxi driver, your compensation will come from the insurance cover.
• Where you a passenger in the vehicle? You may worry that you can’t claim if you were a passenger but actually you will have quite a strong claim for compensation because usually as a passenger you do not contribute in any way to the cause of an accident. In the eyes of the law, passengers are often seen as innocent parties. Any compensation that is awarded to you will be claimed from the taxi driver’s insurance company.

 
For any road traffic accident you should always try to obtain as much information as possible. The more evidence and details you record the stronger your claim will be and it will also proceed at a faster rate. This includes information such as vehicle registrations, dates of accidents, any details of witnesses, Police reference numbers if the Police had any involvement.

Sometimes it can be a little confusing when you have had an accident and you won’t always know what to do. Always seek the help of a professional; a personal injury claim can only be made by a solicitor. This is very important because we find that many people who have been involved in an accident are often advised incorrectly by insurance companies and claims management companies.

Insurance and claims companies will try to pursued you to place a claim for Personal Injury with them, however because they aren’t a solicitors firm they can’t run a claim for compensation. Instead what they do is sell your claim to the highest bidding Solicitor on their panel. This works out to be very bad for you, as the money they pay to deal with your claim results in you receiving a poorer service.

It is also always advisable to use an independent firm of Solicitors for a similar reason as before. If the firm is independent you will have the peace of mind in knowing that they are working for you only instead of meeting any targets for other companies that they may be tied to.

If you would like further help and information then please don’t hesitate to contact us for non obligation advice.

According to the source, a double-decker bus was flipped over on a motorway after a crazed passenger grabbed the steering wheel and forced the bus off the road. Remarkably, no one was killed in the incident; however two of the twelve passengers were reportedly injured with one man being taken to hospital with suspected spinal injuries. The terrified passengers escaped the vehicle through a hatch in the roof.

The report goes on to say that the reckless passenger fled the scene, but was later apprehended after a police helicopter tracked him down. Despite being injured in the incident, the bus driver tried his best to fight off the man and keep control of the vehicle as it swerved across the hard shoulder and ended up on an embankment. The driver has spoken out after the incident, saying “I thought: ‘Oh my God, this is it’. I was struggling to keep the coach on the road and braking really hard. The coach began to go up the banking and I could feel it was about to topple over.” He went on to praise the passengers whom remained seemingly calm with no screaming or shouting, as they all went on to help each other escape through the roof hatch.

“The passengers were absolutely brilliant”, he said. “You could have used it in a training video. I was amazed everyone walked out of there. I still can’t believe it. I don’t take any credit for it. I just reacted to what happened. It was the design of the coach and the seatbelts that saved us.” The experienced driver has been openly commended for his actions.

It’s an unbelievable story – and it’s a miracle that no one appears to have been seriously injured, let alone killed. It’s quite clear that the incident could have been far, far worse. Such a large vehicle being forced on across a motorway uncontrollably could have ended in a huge pile up. Perhaps it’s a little lucky that the incident was at 2am in the morning, when I assume the roads will have been relatively clear.

Roads can be dangerous places – and accidents can easily occur. This was unfortunately the actions of a reckless passenger whose motives are yet to come to light. If you are in a road accident that wasn’t your fault, you may be entitled to claim for compensation for your injures (and let’s face it, you can end up pretty hurt in a road crash).

Speak to an expert firm of personal injury lawyers for the best advice on claiming for compensation.

According to the report from Sky News, 44 year old former warehouse Manager Steve Nixon technically “died” 28 times after he suffered a massive heart attack in Leicestershire last year in a serious road accident. On scene paramedics revived him 5 times before he was airlifted to Coventry’s University Hospital, where remarkably he was saved from his heart stopping a further 23 times. Each time the great team at the hospital managed to get his heart going again.

The source goes on to say that staff were unable to treat his injuries without stabilising his heart; he therefore immediately underwent a procedure to locate the problem with his heart. He was later fitted with a pacemaker by cardiologists in order to stabilise a life threatening heart rhythm disturbance he developed, and to repair a torn artery; procedures which prevented medics from helping him with his other serious injuries, described as a fractured skull, broken bones in his back and his arm, and nerve damage.

Mr Nixon is described to be incredibly lucky to be alive. He has spoken out in praise of the work the staff did in saving his life and assisting with his recovery: “If it wasn’t for the treatment I received at University Hospital my family would not have a father or a husband. I cannot thank them enough or fault the superb care that I received. They are a truly remarkable team of skilled, dedicated and compassionate people.”

It’s truly a remarkable story – it’s great to hear stories where NHS staff have excelled and saved a patient’s life; especially multiple times!

I write a lot about just how easy it is to end up in a road accident – I myself had a near miss on Friday which was aptly the subject of my previous blog. All drivers must ensure to maintain a high quality of due care and attention out there on the roads; and we must always make sure to keep an extra eye out for bikes. They are hard to spot – take extra care if you spot a bike to keep your eye on its whereabouts and position.

If you are unfortunate enough to be in an accident that was not your fault, you are normally entitled to claim for compensation for your suffering and loss. Speak to an expert firm of specialist independent personal injury lawyers for the best advice and guidance on moving forward with a case.

In fact, just last Friday I managed to dodge a road accident on my way home from work. Whilst driving down a residential road, another vehicle clearly had not looked in to my road before emerging from a side road, and ended up pulling right out in front of me. It was certainly a nerve-racking experience; the car-lined residential street was in no way capable of allowing two vehicles to pass next to each other.

 A head on collision was marginally avoided as I managed to swerve to evade the offending vehicle, narrowly (and I mean, narrowly – there were millimetres in it!) missing a circular metal barrier for a pathway tree on the side of the road. In fact, the barrier itself had already been bent inwards and was pressing against the tree. Clearly someone has already hit it sometime before me – which turned out to work in my favour. Had the barrier been fully extended, I would certainly have hit it! A bit of a miracle it may seem (although I hope whichever poor sole hit it before me wasn’t too badly hurt).

So, the moral of the story is to show just how easy it is to be in a road accident. Had there have been a collision between myself and the offending vehicle, I would have had a non-fault claim for compensation for any injuries sustained. I imagine I would have suffered some form of whiplash given that we would have ended up head on in to each other. My car is only five months old – generally if the front end of your vehicle is smashed, you are looking at a write off if the engine has been moved or damaged in any way. But luckily for me, disaster was narrowly averted.

This type of circumstance is actually quite common. Vehicles emerging from side roads on to major roads must make sure they do not pull out in front of a correctly proceeding vehicle on the major road.  All drivers must take heed of give way signs and the rules of the road. If a driver pulls out in front of someone and causes a collision, they are negligent – and they are liable to compensate any victims they injure through their insurers.

Road accident claims are generally very straightforward to pursue, but it is always essential to speak with an expert independent personal injury lawyer for the best advice and guidance on how to move forward with your claim.

As specialist lawyers, we operate on a genuine no win no fee – we do not charge you for a successful claim and you keep 100% of any compensation that’s awarded. If the claim is not successful, we still do not charge you. It’s as simple as that!

So, if you’re unlucky enough to be unable to evade an accident like I did on Friday, give us a call for a free, no obligation chat on your options.

Because of the dangers, most public areas have signs up advising of fixed penalties in place for anyone who doesn’t clear up their dogs mess. Yet sadly, there are some dog owners that just don’t take heed of the warnings, and do not care for the potentially serious consequences. And this next tragic story from the Daily Mail is an example of consequences that can occur.

According to the source/, youngster Aimee Langdon could end up blind after contracting a rare infection from dog faeces in a playground. The report advises that surgeons will be forced to remove Aimee’s eye if the antibiotics do not stop the spread of the infection before it reaches her brain.

Aimee was diagnosed with toxocariasis after she fell over in a park and landed on the mess, and wiped her left eye causing the contact.  The photograph from the source clearly shows the extent of the suffering, with swelling and discolouration abundant around the eye. This has sadly led to a condition known as optical lobe cellulosis, which can lead the suffer to go blind –and can even be fatal.

Her mother is understandably furious at this tragic event – she is reported to have said “Amiee’s condition is the consequence of some thoughtless dog owner.” And it clearly is. There is also reportedly a sign in the area stating no dogs – yet some thoughtless owner has not only ignored the sign, but not even bothered to clear up the dogs faeces. Calls are being made for councils to get tough on the issue – although with the recession and the cuts to public spending, it sounds like a difficult task to achieve. The case clearly shows there is a need for greater awareness of the dangers dog mess can lead to.

It’s a tragic story to hear of. Aimee and her family now have a tough few days waiting on their hands before the extent of the damage can be fully assessed. I sincerely hope her recovery is a positive one – and I hope this comes as an important warning to dog owners out there.

It’s not hard to clear up dog mess. So just do it – and think of youngsters like Aimee before you consider lazily leaving any faeces your dog has left behind.

According to sources from the Mirror, Liverpool football star Joe Cole faces a possible driving ban after being caught doing 105mph on a police speed gun! He did not attend the hearing at Staines Magistrates Court; he was instead represented by a barrister instructed by Nick “Mr. Loophole” Freemans firm, who have represented the rich and the famous in countless cases.

His barrister reportedly argued that he was not driving the £40,000 Audi A4 on the A3 road in Surrey last year when he was caught. This argument was quickly quashed, as he was apparently seen smiling on video footage. He also tried to argue that the speed gun was not working when he was clocked, and called for an adjournment.  Seemingly sensible Judge Clive Wiles instead refused to adjourn the hearing at public expense, and criticised Cole for not attending the hearing, and found him guilty of the offence. He has warned that a driving disqualification is a possible outcome on the books for next week’s sentencing. You can brush off a seeding fine on a £90,000 a week wage, but a driving ban will put you at an inconvenience!

Speeding is probably the most common driving offence on Britain’s roads. I imagine this is because it’s easier to get away with – police presence isn’t exactly huge, and it’s easy enough to slow down to pass a traffic officer on the motorways or to dodge a standing speed camera. So perhaps we might want to follow the Spanish suit – although this next story from the Daily Mail is largely orientated around British fine dodgers abroad in the Spanish Costas!

According to the report (source), Traffic Chiefs are sick of binning driving penalties for British drivers they know will never be paid before they return home to the UK. They have devised a new system to issue on the spot fines for anyone with a foreign registered vehicle! Fixed speeding cameras are able to spot a foreign registered vehicle and alert the nearest police car to give chase and issue the fine in person to the offender. Officers can immobilise foreign vehicles to prevent them from leaving the country until they have paid there fines.

The source quotes the system as “ingenious” – and I have to say, I agree. I wasn’t aware there was an issue of foreigners escaping speeding fines by jumping the country before paying them! Apparently this is a problem across the whole of the EU. The idea that foreign motorists are being targeted however has been defended – it’s the fact that fines cannot be issued to foreign motorists because the domestic systems don’t know where to send them off to!

It’s a simple fact that speeding is dangerous. The law is there for a reason. If you are the victim of a road accident that was not your fault, then it is likely you have a claim for compensation. Speak to an expert injury lawyer for the best advice on claiming for compensation.

If a person is injured due to the state of the highways, then it is possible that they have a claim for compensation. Generally speaking, the defect has to be sufficient enough to warrant action from the local authority. It’s difficult to gauge – but if a hole is deep enough or a pavement is raised enough, and work clearly needs to be done, then a claim can be brought against the relevant authority.

So, what are the ins and outs of what has become the big battle between lawyers and councils?

Well, we lawyers are fighting for the victims of negligent authorities that have been injured due to the state of the highways. Tripping over a raised paving slab may seem like a minor claim – but landing hard on a solid pavement can result in some pretty nasty injuries. And we are here to make sure the victims can access the compensation they are duly entitled to.

On the flip side of the coin, councils are obviously unhappy with the amount of claims they receive, and are displeased with the use of taxpayers’ money being spent on claims. But it’s important to remember that the councils should always adhere to their duties – failing to do so means they are negligent, and a claim can be brought against them. Perhaps if they spent more time and resources on fixing the roads, the volume of claims would reduce – and it wouldn’t be so much of an issue!

So, what are the rules and regulations the local authorities must abide by? Well, this is the grey area. Under Section 58 of the Highways Act, local authorities have a statutory defence against liability claims if they can prove that they have taken all reasonable steps to ensure the highways under their jurisdiction are safe to use. This statement is circumstantial – there are no proper time lengths or clearly set out regimes. It’s all about what is reasonable and practical. For example, we would expect that a very busy stretch of highway is inspected at least every three to six months. A much less busier road can sometimes only need an annual inspection.

It is the duty of the council to ensure they regularly inspect and maintain all the highways under their jurisdiction. So if they fail to inspect them enough, and a person is injured, then it is highly likely a claim will be successful. On the maintenance aspect of the rules, if a council is made aware of a highway defect, they must either repair the defect or prevent the public from accessing it as soon as possible. Again, failing to do so is likely to lead to a successful claim for compensation.

It’s difficult at the inception stage of a case to know whether the claimant has a valid claim or not. Under the personal injury protocol, the highway authority or their insurers have just under 4 months to investigate a claim and provide their decision on whether they believe they should make a payout or not. If they are going to dispute a claim, they must provide records of their inspections or maintenance to prove that they are not at fault.

So sadly, it’s difficult for lawyers to be able to advise a client immediately as to whether they have a claim or not. All we can do is initiate the claim with the local authority, and await their response. We specialists will review any records provided by the authority, and we will thoroughly research a defence on behalf of a client.

For further expert advice on claiming for compensation, don’t hesitate to give us a call for a free, no obligation chat about your options.

Now, I’m not having a dig at the police here. This story from the Daily Mail can be seen from both sides of the coin. According to the report, police were ordered not to pursue thieves making away with £20,000 worth of motorcycles because a chase would put the lives of the criminals in danger.

Police had to watch them ride in to the distance for fear of their safety, given that the thieves were not wearing helmets or protective gear. The officers involved were reportedly following protocol and procedure in not initiating a pursuit after the robbery at the Manchester Motorbike Store in Altrincham.

There has been somewhat of a negative backlash on the police for their safety conscious actions. The report quotes Sale West MP Graham Brady, whom states “I am astonished that the welfare of criminals in the act of breaking the law should be put before the public’s expectation that criminals should be apprehended when the opportunity presents. I expect most police officers would be deeply frustrated not to be allowed to pursue criminals because of health and safety issues of this sort.” His point makes perfect sense.

Greater Manchester Police Supt Steve Nibloe has defended the actions of the officers, stating “When police officers attended to this incident, suspects were seen driving off on motorbikes. The officers were asked not to pursue the suspects as they were not wearing the correct safety equipment and were not wearing helmets, so it’s clear to me the correct decision was taken.”

It’s a difficult situation to be in. On one hand, any officer would have happily pursued the criminals to apprehend them for the thievery.  But high speed chases can easily end badly. Without safety equipment, the criminal riders could have been seriously or fatally injured had they come off the bikes in their attempts to get away from pursuing police. Personally, I don’t think this is an issue of health and safety gone mad; it just seems too dangerous to pursue a person with no safety equipment on a bike. It’s all too easy to say “well who cares about the safety of a criminal anyway?”, but the fact of the matter remains that a pursuit could easily end in fatalities.

To flip back to the other side of the coin, the concerns and frustration of store owner Tony Crawford is understandable. Losing thousands of pounds worth of stock, only to have police inform him they let the criminals get away because it was too dangerous to chase them, appears to have left him rather confused. The source reports him saying “it seems strange that they can’t chase these people when they’re right in front of them, and obviously if they had I might have my bikes back.”

So it seems to be somewhat of a catch 22 situation to be in. It’s mad that the police couldn’t pursue low life criminals because they were concerned for their safety, but a chase could have ended up in fatalities.

There is certainly room for debate on this sort of issue.

According to Mr Kelly, he was cycling west along Oxford Street on Tuesday 9^th March between four and five in the afternoon.  Mr Kelly reports that a taxi driver over took him and proceeded to cut up his path of travel when the taxi driver pulled over to pick passengers up, this resulted in Mr Kelly running into the back of the Taxi.

Mr Kelly told the London Evening Standard “I was just tootling along – I’m not an idiot who goes fast – when I was aware of a taxi overtaking me. He just cut straight across me and stopped. I went straight into the back of him and fell to the floor”. Mr. Kelly confronted the taxi driver, in an attempt to receive an explanation for his behaviour, this only resulted in the taxi driver saying obscenities to Mr. Kelly and also being racially abusive.  Mr. Kelly couldn’t understand why the taxi driver was being so rude. Mr. Kelly responded by telling the taxi driver that he was a disgrace to his country. Mr. Kelly said that the taxi driver exploded and grabbed the scarf that Mr. Kelly was wearing using it as a noose around his neck and strangled him until he was unconscious.

Mr Kelly has now posted an appeal for any witnesses to come forward so that the claims against him are dropped as when he came around on the ground believing he had been involved in a road accident he was approached by a Police Officer who questioned him in a hostile manner as the taxi driver told the Officer that Mr. Kelly was the attacker. Mr. Kelly was handcuffed and charged with assaulting the driver.

But returning to the story at hand, it would appear preliminary investigations have illustrated some unexpected results. According to sources from the BBC, the investigation suggests that the data recorders in 58 cars involved in such incidents indicate that the brakes were not applied in 35 cases. Essentially, it is being suggested that driver error may have contributed to the “unintended acceleration” cases that are currently being reviewed with the US National Highway Traffic and Safety Administration (US NHTSA).

So – are we looking at some form of a get out clause for Toyota? Or are we reading too much in to what is currently being described as “preliminary investigations” in to the incidents? The source does advise that the US NHTSA are “drawing no conclusions from the findings”. The article also states that this testing is just one small part of investigations in to the alleged safety flaws.

Toyota has been facing hundreds of lawsuits since the allegations were made.

This ongoing saga has been widely discussed over the months since its appearance. Although investigations appear to be ongoing, Toyota could be facing a huge backlash, as well as significant compensation payouts, if it is concluded that the vehicles in question were defective when sold.

All sellers and manufacturers of goods and services must ensure that their product or service is to a satisfactory and safe standard. If a product or service provided leads to persons being injured, then the companies are negligent and are liable to pay compensation to the victims that suffer.

It’s always best to seek advice from an independent firm of specialist personal injury lawyers for the right guidance on how to move forward with a claim. It’s important to chat to your prospective solicitor about what they can do to make your claim successful. Find out what the company is all about – never make any assumptions, and ask as many questions as you can to get the right idea if the firm you are speaking to are the firm for you!

Don’t be afraid to ask! The right lawyer will give you all the right answers!