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When the weekend comes, many of us take the opportunity to leave the cooking and washing up behind and head out for a three-course meal at our favourite restaurant. Having worked as a waitress myself, I know firsthand the fast-paced nature of the industry- people rushing round with plates of food, clearing an empty table (and perhaps been a little too adventurous carrying everything) and of course dropping and spilling food and drink on the floor!
With so much happening, accidents do occur that can result in injuries no-one expected when they were ordering their starters.
There are two circumstances that are often brought to our attention here at The Injury Lawyers, which are:
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The issue of road traffic accident claims has hit the news again this week with reports that there has been a fall of 11% in road traffic accident Claims but yet an 18% increase in personal injury claims arising from a road traffic accident.
It has been suggested that the reason for the decrease in road traffic accidents in the reduction in people using their vehicles as transport due to the high increase in petrol. However the reason for the increase of claims has resulted in blame on the Solicitors who deal with ‘no win no fee’ claims.
The suggestion that Solicitors are to blame has gone so far that Mr Ken Clarke, Justice Secretary, is proposing that success fees for solicitors are abolished. A success fee is a simple as its name – if a Solicitor is successful in the claim the Defendant has to pay a fee to the Solicitors for their success of the claim. This is designed to take the weight of losses from claims that do not win and have to be ceased on a No Win, No Fee basis for the client.
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So, you are a cyclist, you are doing your bit for the environment whilst keeping fit at the same time, so why oh why did that car have to smack into you!?
Road traffic accidents between cyclists and motor vehicles are unfortunately very common, and guess who comes off worse? It’s a bit of a daft rhetorical question to be honest…
As a cyclist you are one of the most vulnerable road users and can be seriously injured if involved in a road traffic accident with a motor vehicle. After all, the only real protection you have is a helmet or some shin and elbow guards.
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The UK is undoubtedly a country passionate about Horses. From the Queen celebrating her horses’ recent victory at royal ascot, to a little girl’s dream coming true when she’s told she’s on her way to her first horse riding lesson, horses clearly hold a place in many people’s hearts. In the past horses were relied on as the main form of transport; today this has undoubtedly shifted to cars and accidents unfortunately occur when these two meet.
Horse road accidents are becoming more and more frequent as both cars and horses need to use the road. But who is at fault if a collision does occur?
This mainly depends on the circumstances surrounding the accident. Most of the time it is down to the negligence of the driver who may be driving too fast and therefore is unable to slow down in time when a horse appears before them. This is one of the main reasons that many of these collisions happen on narrow, windy country roads – of course to many this is common sense as horse riders are more likely to be riding around these than using the fast lane of the M1!
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Bus (Public Service Vehicle) Accidents
The duty of a bus driver to its passengers is the same as any other driver to their passengers – they have a responsibility to ensure that passengers are not injured due to any negligence on their behalf.
One common form of accident on buses are caused by the driver performing an emergency stop or braking too harshly. Passengers are generally thrown around on the bus as a result of this and this can cause personal injury, particularly when the passengers are stood on the bus waiting to get off at the next bus stop.
Another common circumstance is that of buses pulling away from the bus stop before passengers have had chance to sit down. Although there is no specific duty on a bus driver to ensure that all passengers are seated prior to pulling away, they must take reasonable care to ensure that injury is not caused by pulling away too quickly or abruptly. Also, due consideration must be given if the passengers are identified as being specifically at risk of injury by pulling away before they are seated. For example, elderly people may be less likely to be able to keep their balance whilst the bus was pulling away than a younger person would be.
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A ladder is undoubtedly a helpful piece of equipment – but with its helpfulness comes potential danger. Although using a ladder is seemingly simple, there are certain things that should be considered prior to mounting that first step.
Defective Ladders
One of the most straightforward matters to deal with is when somebody sustains an injury from using defective ladders. All ladders must be sufficiently strong and suitable for the purposes to which they are being used for. Although it is mandatory for employer’s to carry out a risk assessment prior to any employee using a ladder, it is also a good idea to inspect any ladders before beginning to use them-for example: if the ladder appears worn, consider whether this will realistically support your body weight. Also ask yourself; are these the ladders I’d usually use for this task? If you do have an accident from using defective ladders, we may be able to establish a breach of an absolute duty, and you may have the right to claim.
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Motorcycle Compensation Claims
If you have been involved in a road traffic accident as a motorcyclist then you could be suffering from some serious injuries.
Although motorcycle riders have helmets and thick leather clothing to wear to aid protection, frankly, this is no substitution for the protection other drivers have in cars and vans etc. This is why motorcyclists are so vulnerable if involved in an accident.
Injuries caused by being involved in an accident as a motorcycle user can range from minor scuffs and scrapes to broken bones and even sometimes fatal injuries.
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Pillion Passenger Compensation Claims
As a pillion passenger, or any passenger, it is your driver’s duty to take reasonable care for your safety. Therefore, if you are involved in an accident as a pillion passenger and were injured as a result, it is highly likely that a claim for compensation will be successful.
As a passenger it is extremely improbable that you were at fault for the accident, unless you did something stupid to cause the driver to lose control and cause a collision. You can normally expect to receive 100% of any compensation awarded.
However, there can be circumstances where the compensation is reduced due to contributory negligence even if the accident was caused through no fault of you own, but where you have contributed in some way to your injuries.
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“A man [has] an absolute right to be (on the road) and it is a duty of drivers of vehicles not to run him down” (Craig v Glasgow Corporation (1919) 35 TLR 214). In the old times, when car travel was beyond imaginable and pedestrians and horses ruled, this was the prominent view for pedestrians’ liability. However, now that car travel is the norm, the modern approach places more responsibilty on the pedestrian to exercise due care when stepping off the kerb.
Although the Highway code is often viewed as guidance for drivers, the first 33 paragraphs relate to the rights and duties of pedestrians; for example, ‘pavements should be used if provided’ and ‘wear or carry something light-coloured, bright or fluorescent in poor daylight conditions’. The former is common sense to many but the latter is arguably questionable. How many people think of choosing their brightly coloured clothing to wear on a dark depressing day or at night when going to the theatre, just incase they need to walk on the road?
The most famous set of rules for a pedestrian’s duty is contained within rule 7 and is the message that has been bombarded to us at school and throughout the media for so many years – The Green Cross Code.
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Some motorcyclists feel that car drivers are inconsiderate towards them on the roads, and to be honest, the number of accidents involving cars and motorcyclist shows that this is probably true.
Although a car driver is not always at fault for an accident with a motorcyclist, most of the time they are due to the basic fact that car drivers do not look out carefully enough for motorcyclists when making a manoeuvre.
The most common circumstance is that of a car driver waiting at a junction to pull out onto a main road, not checking oncoming traffic sufficiently enough, and pulling out into the path of a motorcyclist, and causing a collision.
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