Highways Act 1980 Compensation Claims

Highways agencies and local authorities have a duty to maintain highways. Slips, trips and falls on defective highways, streets, roads and pathways are very common.

Common defects can include potholes, cracked or broken paving slabs, missing manhole covers, uneven ground and no barriers or rails found on public walkways and stairs.

The Highways Act 1980 is the act for governing and maintaining the highways. Under S41 of the 1980 Act, the local authority have a duty to maintain the highways, and that duty ‘is to ensure as reasonably practicable’ that the public will have a safe passage along the highway.
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Roundabout Accidents and the Highway Code

It is common for accidents to occur on roundabouts, but it is sometimes difficult to determine who is at fault. Accidents can occur on roundabouts due to drivers failing to look properly when approaching traffic, speeding, failing to get into the correct lane or by sudden braking.

The Highway Code can be used as a guide to help see who is liable for a roundabout accident, as it sets out the ‘rules of the road‘.

The Highway Code (184 – 187) sets out how to approach and drive on a roundabout, and also gives a warning to drivers as to what to be aware of.

According to the Highway Code, when approaching a roundabout, a driver should be travelling at slow speed, checking all road markings and must be aware of all other road users.
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Special Damages Injury Lawyers Advice

Damages are compensation to be paid to a claimant for a personal injury, which they have suffered, resulting in some form of loss. The aim of damages is to try and put the person back into the position they were in before the accident occurred.

There are two types of damages which can be awarded – general damages and special damages. General damages are commonly defined as damages which are awarded for pain, suffering and loss of amenity. Special damages are damages related to expenses and losses on your part.

Special damages are not simply awarded, they need to be evidenced and claimed for and the court may assess the figure to be awarded. All aspects of the injuries impact on the claimant’s daily life are to be considered.
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Concertina Collision Whiplash Claims

A Concertina Collision is defined as ‘a collision in which vehicle after vehicle hits the one ahead in a sequence of events, triggered by the first car crash‘. Basically, to summarise a concertina collision is an accident involving 3 more or cars, with the first car bumping into the second and forcing it into the one in front, and so on, with a domino type effect.  The collisions often happen very quickly and those driving towards the accident are often unable to slow down in time to avoid further collisions.

Concertina collisions are common in heavy traffic, with someone causing an accident at the back of the traffic, which radiates down the line of traffic. Obviously, if a concertina collision occurred on a motorway, it could be much more serious, as drivers would be unable to stop due to the high speed they were driving at.

Common injuries arising from Concertina Collisions are whiplash and back injuries – which can often be made worse if there are several impacts.
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Product Liability Claims Supply of Goods and Services Act

When supplying products to consumers, the products must always be safe. It is the responsibility of producers, manufacturers, shops and wholesalers to ensure the safety of the product they are selling. Injury may occur when a product is sold in a defective manner, or have been sold to the consumer without adequate instruction and warning.

Under the Supply of goods and Services Act 1982, all products which are sold must be safe. Manufacturers or sellers of the product must ensure that they:
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Road Accident Compensation Claims Process

Pre-Action Protocol for low value injury claims from road traffic accidents was brought in on the 30^th April 2010. The Pre-Action Protocol applies to all low value injury claims, which will bring around £1,000 to £10,000.  All general damages will be considered with regards to any pain, suffering and loss of amenity, but the protocol is not to be used if the damages awarded are going to be over £10,000.

The Protocol sets out what is expected of claimants and defendants at the start of proceedings where damages are being claimed because of a personal injury sustained from a road traffic accident. The premise of the Pre–Action Protocol being introduced is that it will encourage more contact between parties, with information being fully exchanged between them.

The introduction of the Protocol was also designed to allow claims to be run more efficiently, as cases are encouraged to settle earlier and therefore to be dealt with in a more efficient and quick manner. A reason being for this is that it allows for early notification of any road traffic accidents, and allows the insurer and defendant to be notified early on that a claim is being brought against them.
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Get Free Advice For a Whiplash Claim

Whiplash is in an injury to the neck which has normally been caused by a sudden movement. That forceful and sudden movement caused damage to the tendons and ligaments within the neck, resulting in potentially severe pain and discomfort.

Whiplash normally takes 6-12 hours to develop and takes time to become evident. The symptoms suffered usually worsen after the incident and they may continue to get worse for several days or weeks. Whiplash is normally a short–lived condition, and it is uncommon that the symptoms would last longer than 6 months.

Chronic whiplash is often used as a term when whiplash is suffered for a period of 6 months or more; even spanning over years. Chronic whiplash can be a cause of severe pain and may require a course of painkillers or even physiotherapy.
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Working At Height Accidents – Injury Lawyers Advice

Working at height poses a great risk to safety, accounting for a quarter of all workplace deaths. Falling from a height is the one most common causes of an accident within the workplace causing minor/major injuries and fatalities. Of course most of the time the fall isn’t from a great height, with 70 per cent of all accidents being caused from falling from below head height.

Injuries likely to be caused by falling from a height are as follows:

• Twist or swelling to the knees
• Sprained or broken limbs
• Back pain or slipped discs
• Soft tissues damage to the body area

The Working at Height Regulations 2005 were introduced to try and prevent accidents caused by a fall from height, and the regulations are to apply to anywhere where there is a risk of falling. The 2005 regulations set out that a height is to be defined as ‘any place, including a place at or below ground level‘, which liable to cause a personal injury.
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Buttock Implants or Augmentation Injury Lawyers

Although this procedure does sound like something that only the rich and famous can have in Hollywood, it is becoming more increasingly popular with everyone who has always craved for a derriere like Kim Kardashian or Beyonce.

Unfortunately however, as with many other popular cosmetic surgeries there are things that can go wrong – not only inherent risks that you would usually associate with surgery but unfortunate things caused by other people’s negligence. Therefore, it is important to understand what you can do if you find yourself suffering at the hands of someone else’s negligence.

Some of the main injuries caused by this procedure include:
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Workplace Slips and Trips Compensation Claims

Slips and trips at work are one of the most common causes of accidents at work, resulting in 40% of all major injuries in the workplace. 10,000 employees alone were injured in the UK last year from slips and trips at work. Injuries can range from broken bones and fractures to minor cuts and bruises.

The common causes of slips and trips at work:

• Cleaning
• Flooring
• Environment
• Obstacles
• Colleagues
• Footwear

The Health and Safety at Work Act 1974, is in place to ensure the health and safety of all employees within the workplace.

Under Regulation 2 of the act, an employer has the duty to ‘as is reasonably practicable‘ ensure ‘the health, safety and welfare at work of all his employees‘. An employer must ‘provide instruction, and training‘ to all employees that will be working with the workplace, and therefore be fully competent in using it.
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