Crossing a road is part of everyday life. We are all well aware of the dangers – whether it be as a driver looking out for pedestrians or as a pedestrian trying to safely cross to the other side of the road. Zebra crossings are in place to assist pedestrians in crossing the road. On busy roads, it would be very difficult without some kind of crossing in place to get to the other side. It would be very dangerous without some kind of crossing. Of course there are duties upon both drivers and pedestrians when it comes to zebra crossings. Liability can often be split depending on the circumstances of the individual case.

Pedestrians should wait for cars to stop in both directions before stepping out into the road. Other factors to consider include the speed of the vehicle, whether the pedestrian had waited for it to be safe before stepping out into the road etc. Especially in this type of claim, witnesses could be crucial.

The Zebra, Pelican and Puffin Pedestrian Crossings Regulations 1997 prescribe an absolute duty for the driver to stop if anyone is on the crossing. Therefore even if the pedestrian ran out into the road it can be difficult for a driver to escape liability all together. Hence in some situations it leads to a split in liability whereby the driver and the passenger are both to blame to some extent.
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We often get asked how long a particular claim will take. In response, I would ask how long is a piece of string? Jokes aside, the truth is that it is impossible to say with any certainty how long your claim could take. At the outset of the claim it is impossible to predict.

All lawyers rely to a certain extent on other businesses/people whether that be insurers, other solicitors, clients, the courts etc. We endeavour to do our part as soon as possible but if for example, an insurer is failing to respond to us, we can take action via the courts to progress matters but we have to comply with the relevant protocols (which for example means that we have to give the insurers a certain amount of time in which to respond to the claim). However protocols are a good thing and are designed primarily to speed up the claims process.

To initiate an accident at work claim we basically draft a letter to the Defendant known as a “Letter of Claim”. This letter will set out the nature and circumstances of the Claimant’s claim, reasons why the Defendant is at fault and the relevant disclosure documentation that should be provided if liability is not admitted. The Defendant or the Defendant’s insurers have a period of 21 days in which to acknowledge receipt of the Letter of Claim.
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You’re doing 40mph on a country road (which is at the limit) and it’s dark (so you can’t see the road properly) when you hear a huge smash as your wheel dips in to an “impossible to notice” pothole hiding in the road; one with enough depth to do some serious damage to your car! You immediately feel the car isn’t right, so you pull over and discover you’ve suffered a blowout from the tyre being slashed by hitting the pothole at force.

What’s worse, is you cannot change the tyre yourself because the last time you had a service, the nice men at the garage used their automated tools to put the wheel nuts back on! Not only that, but it isn’t easy to change a tyre in the dark and you have breakdown cover for a good reason. So, you call your breakdown recovery service to come out and change the tyre for you, only to be told there’s a longer than normal call-out time for them to get to you because of how busy they seem to be.

Half an hour later after the time they were meant to arrive, you give them a call only to be told it will be another hour. Repeat the last step and then some, and you’ve got a three and a half hour wait on your hands!
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This is a specific little area of law and an area in which people may refrain from asking about. If you made the mistake of getting into a stolen vehicle and you are subsequently involved in an accident, sustaining injury as a result, can you make a claim for compensation? Well to put it bluntly a lot will depend on your knowledge as a passenger. Did you knowingly get into a stolen vehicle or were you unaware that the vehicle was stolen?

If you knowingly got into a stolen vehicle and you are then involved in an accident, sustaining injury, then the law says that you may not have the right to bring a compensation claim. This comes under the latin doctrine of “ex turpi causa” which basically means that from a dishonourable cause an action does not arise. In simple terms this means that you may struggle to claim compensation as your injuries were sustained when you were completing or assisting in an immoral or illegal act. To law abiding citizens, this rule is accepted and clearly justified.

Now it is very different (as common sense would suggest) if a person is injured in a stolen vehicle and that person was unaware that the vehicle was stolen. This would be an unusual scenario but it is not totally unheard of. The most likely scenario would be if someone offers a stranger a lift.
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When your claim is settled, and you know your cheque is on the way, stay patient! We know you want the money as quickly as possible, and you probably already have your eye on a few things you want to buy once the cheque has cleared, but there are still processes involved.

When the claim is settled, we will normally request the cheque within 14 – 21 days of the acceptance to pay the agreed amount. However, there are a number of things to consider:
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With any personal injury claim, you can seek to recover compensation for the pain and suffering that your injuries have caused (this is called General Damages) and you can seek to recover compensation for any losses or expenses that you have sustained as a result of the accident or your injuries (this is called Special Damages).

Special Damages can cover a wide range of things. In terms of a suffering a whiplash injury, Special Damages could be awarded for the care and assistance that you have received.
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Symptoms of whiplash can range from straight-forward pain in the neck, back & shoulders to pins and needles and serious mobility problems. Whiplash is actually more complicated than most people think; unless you have suffered it yourself, you won’t really know what I am talking about.

Whiplash is common in car accidents. The impact that causes you to jolt back and forth, or sideways, results in the ligaments and tendons in the neck, shoulders, and back being stretched beyond their normal range of movement. This is the mechanics of how the injury is caused. The pain and stiffness will normally take 12 – 48 hours to make itself known. Many people feel absolutely fine immediately after an accident, only to wake up the next day in agony.

You may have limited mobility – i.e. you might struggle to move your neck and back as well as you could before. You may also suffer from headaches or pins and needles in the arms. Sometimes you may even feel sick, dizzy, or suffer from a stint of vertigo.

The best thing to do is see your GP or pop down to a walk in centre to get a formal diagnosis in your medical records. Other than advise you to take anti-inflammatory medication and pain killers, as well as doing a few simple neck exercises, there isn’t a great deal that can be done right at the start.
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Accidents on roundabouts are very common – we take on a lot of compensation claims due to road accidents occurring on or on the approach to a roundabout. The usual circumstances are…

• Being hit in the rear on the approach to a roundabout
• Someone pulling out in front of you whilst you are already established on the roundabout
• Someone changing lanes on a roundabout and causing an accident (normally when people realise they are in the wrong lane for turning off at the last minute)

We have some simple rules that we follow whilst out on the road – keeping a safe distance, taking care on the approach to a roundabout for slowing traffic, only joining a roundabout when it is safe to do so, and not changing lanes without due care and attention; but I think people either panic or don’t concentrate enough so accidents that are easily avoidable end up occurring!
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Knee injuries – sometimes they can be like Marmite in the fact that you either get away with a minor strain or you end up needing surgery! The knee joint and the surrounding area is a complex structure of ligaments, muscle, cartilage and bone that can easily be pulled, torn, or worse of all, ruptured.

If you’re lucky enough to pull or strain something, you’re probably facing a few weeks or months of pain and possible limping, but overall you should be fine. If you tear something, it may require surgery; if you rupture something, you’ll pretty much defiantly be on the operating table and facing 8 or so weeks none weight baring and consequently needing months of physiotherapy to rebuild the strength of your leg and knee joint.

That’s why it is important to get the right lawyer for a claim for compensation. The brackets for awards can vary considerably given the huge difference between a comparatively simple strain and needing reconstructive surgery following a ligament rupture. The knock on effect from that is probably a great deal of time off work with possible lost earnings, needing a lot of care and assistance from family and friends (which can be claimed back at an hourly rate for the carer as part of a case), and a lot of misery and boredom!
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Will my claim go to court? How long will my claim take? Will I win my claim? All common questions…

Sometimes people find themselves asking these questions; particularly if you feel your claim has been going on for longer than it should. However, the length of the claim can vary significantly depending on a few common factors:

The quality of the injury lawyer you have.

1. The severity and length of your suffering.
2. The laziness of the other side.
3. Whether the other side is defending the claim or not.
4. You!

How Good is Your Injury Lawyer?
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