Your driving down the road behind a long queue of traffic.. it’s moving at a snails pace, it may as well not be moving at all! You suddenly see a gap in oncoming traffic and decide it is safe to proceed and overtake the slow cars. Your past a few when suddenly, without warning, one of them turns right straight into your path and smash; your vehicles collide. You think to yourself that the other vehicle should have checked his/her side mirrors and there blind spot before pulling out. But who’s to blame in this road traffic accident scenario as far as the Law is concerned?
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This week the Court of Appeal presided over the case of Baker and Others v Quantum Clothing and Others. This case concerned the liability of an employer in the knitting industry of Derbyshire and Nottinghamshire for employees’ loss of hearing caused by exposure to noise at a lower level than was previously recognised as giving rise to liability.
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When performing a task it is important to use appropriate equipment to allow you to complete it with minimum risk. In the workplace, employers have a duty of care, born out of the law of negligence, to provide such a task. The legislation governing this is in the UK is called the Provision and Use of Work Equipment Regulations 1998 (also known as ‘PUWER’). It is supplemented by several more closely defined regulations for specific types of equipment.
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Once liability has been established in a road traffic accident it is still the case that the person who suffered an injury has to prove that the negligent party not only caused the accident but caused the injury as well. In most cases this is not a problem as one invariably leads to the other. However, there are some defences that may be put forward by the negligent party in an attempt to reduce the compensation awarded to the claimant.
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In road traffic accidents in order to recover compensation there needs to be an establishment of fault. It is usually the case that one of the parties will have lapsed in concentration or failed to follow the Highway Code. But you might be interested to know exactly what the standard of care owed by a road user is so we’ll look to give you some idea here.
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If you have any questions about pursuing a personal injury claim – whatever it may be, just post your query as a comment below this blog and I promise to post an answer immediately,
As an expert Personal Injury Lawyer with many hard years of practice you might want to ask me about:-
- How to pick an Injury Lawyer?
- Whether you can claim?
- How much you can claim?
- No Win No Fee’s
- Serious injury claims
- What your injury is worth
- Or anything at all
I have been specialising in Personal Injury Claims for many years now and have a vast amount of knowledge and specialist experience that I would love to share with you…
If for example you have sustained a whiplash injury then just reply to this post with the details of your injury and I promise to come back to you with my valuation of your whiplash injury claim at my earliest opportunity..
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