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The Law in respect of a driver’s duty of care goes as far back as 1832 when the Courts recognised that pedestrians and vehicle drivers owed each other a duty to exercise due care and attention.
As a driver, who do you owe a duty of care to? Well in the case of Donaghue v Stevenson 1932, where Mrs Donaghue drank a ginger beer which had a snail in it, a principle to determine who you owe a duty of care to was established.
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How Long Does it Take to Get a Whiplash Claim?
Whiplash is the most common injury sustained in road traffic accidents and therefore our injury blog will focus particularly on how long it takes to resolve a whiplash claim for a road accident. Of course, if you have sustained whiplash in a way other than a road accident, the process may be a little different and therefore you should contact us directly to ascertain the best route in your particular circumstance.
Whiplash can be extremely painful and debilitating as it mainly affects the movement of the neck, back and shoulders. It is caused by the jolting action of your head being thrown forward and backwards at quick speed. This type of injury can lead to other losses such as loss of earnings and expensive medical fees and therefore claiming for compensation may be essential.
Dealing with Accidents in the Workplace?
Accidents in the workplace can result in severe injury, as of course many workplaces are filled with large equipment and a number of people working closely together. However, what is the procedure you should follow when wanting to pursue a claim for compensation? Many people are worried about doing so, as they feel it may jeopardise their job and of course this is a worry you could do without when you are already suffering from an injury.
Accidents at work can potentially be very good cases as your employer is obliged to have insurance to cover accidents under The Employers’ Liability (Compulsory Insurance) Act 1969. This is in place to ensure that should an employee have an accident they will be able to pay compensation. Therefore, in the majority of cases, we send the letter of claim of to your employer who just hands it across to their insurance and it is them that continue with the claim– your employer may even encourage you to bring a claim!
So there really is no need to worry. If you have had an accident there are a few things you should try to do and are the types of things we will ask on the initial call (mainly because we like to gather all the information we need straight away to ensure your claim gets underway ASAP.)
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The competition is tough out there for personal injury claims – however picking the right lawyers can affect both the way your claim is run and the final outcome.
We have worked hard here to make sure that we stand out from the rest and ensure a high level of client service along with our personal injury expertise.
We take a unique approach to our claims all aimed at ensuring that you receive the best support throughout your claim and ensuring you are on the road to recovery as soon as possible. We understand that making a claim can be a very stressful and daunting experience – as of course many people have never done this before. One thing that we constantly aim to do is not to throw a load of legal jargon your way. We understand that just because you wish to make a claim doesn’t mean that you also want a legal lecture! Clear information, quickly and efficiently – that is our aim!
Children Cycling with no Helmet (case law)
Now, sending your child out on a bicycle can be pretty daunting and scary for parents. Most of the time, a little consolation is that they are well kitted up with their reflective clothing, lights and of course a helmet to help keep them safe on the roads.
However, children do not always like to do as they are told or advised and will often remove the things that are keeping them safe as cyclists; especially the helmet. I remember getting to the end of the path, away from the house and removing the awful and un-cool helmet my mum made me wear when I was a kid!
As an adult now, I do see the significance and the benefit of wearing a helmet, but as a child, it is often a case of image over safety, even in the very young. So what does the law state about children who have been injured in an accident as a cyclist and were not wearing a helmet???
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Drunken Pedestrians Fault Road Traffic Accident
Walking round the town centre on a Friday or Saturday night, you can see why drunken pedestrians get involved in accidents. There is often no regard for the vehicles on the road and a lot of the time the pedestrians are just stepping out into the roads.
If a drunken pedestrian is involved in an accident, although the courts normally favour pedestrians in road traffic accidents, it is not likely that a claim for negligence against the driver will be successful.
There is a recent case in law that highlights this; Stewart v Glaze 2009. In this case Mr Stewart was sitting at a bus stop with his friend having been out drinking. Mr Stewart had consumed around 5-7 pints and was drunk. Mr Glaze was driving on the road towards the bus stop when Mr Stewart ran into the road which resulted in a collision with Mr Glaze’s vehicle. Mr Stewart suffered severe head injuries and was left in a vegetative state. The Judge held that Mr Glaze was not negligent in this case. There was no evidence to suggest that he was not driving carefully and that it was unreasonable to say that Mr Glaze should have seen Mr Stewart at the precise moment he decided to charge into the road. On the facts of this case, there was absolutely no reason to find that Glaze had been negligent.
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Car in Wrong Lane for Exit on Roundabout Accident
Roundabouts can be huge and complicate or small on simple; but on occasions either can still be very confusing to motorists. This means that accidents on roundabouts are one of the most common types of road traffic accidents we deal with here at The Injury Lawyers.
The situation we are dealing with in this blog is when a vehicle is in the wrong lane for the exit off the roundabout; which happens more than you might think.
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Pulling out of a side road – case law
There are lots and lots of things to consider in a case involving a vehicle pulling out of a side road and therefore I will only be able to provide a few ideas of the sort of situations that crop up regularly.
First of all, The Highway Code: What does this say about emerging from a side/minor road onto a main road?
- Wait until there is a safe gap between you and any oncoming vehicle.
- Watch out for cyclists, motorcyclists, pedestrians and other road users.
- Check mirrors and blind spot again to ensure you are not being overtaken and then make the turn.
- Do not cut the corner
Best Personal Injury Lawyers UK
We understand that there is ALLOT of competition out there when it comes to personal injury solicitors. However, we have focused primarily on what we think is the most important aspect of any personal injury claim – YOU. We have ensured that our primary focus is ensuring that you, the client, receive the best service possible to ensure your personal injury claim is straightforward, quick and successful!
We are a genuine law firm who specialise and deal only with injury law so we consider ourselves experts in the field. The reason I say GENUINE is that there are some personal injury ‘firms’ out there that are claims management companies rather than actual solicitors – they will take the details of your claim and sell it across to a solicitor for a tidy referral fee.
To us this seems a bizarre way to pursue a claim, as surely you would want to ensure that the solicitor running your case is one you are comfortable with – not one that has just been picked for you. We see claims as a 3 stage process:
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3 Months off Work with Whiplash
With a whiplash injury, you can often be left with limited movement which means that a lot of the time you have to have time off work. This is usually a few weeks until the acute stage of your injury has settled down.
However, for some, the whiplash injury can be more serious and result in a long time off work. Whiplash injuries vary from mild, to moderate, and severe; and they can affect people in very different ways.
Most whiplash sufferers are able to manage to go to work after a couple of weeks though the use of painkillers, heat rubs and heat pads etc but some are left debilitated and will need therapy, injections and sometimes even surgery in order to help them on their way to recovery. Therefore a longer period of time away from work is necessary.
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