Car accident injuries

 

Car accidents are an unfortunate but inevitable occurrence when driving on busy UK roads. When you or a loved one is involved in a car accident, injuries are an outcome that you dread. However, car-accident injuries do occur frequently.

They may be very minor, such as bruises and cuts, but can occasionally be serious, including:

  • Whiplash
  • Broken bones
  • Spinal injury
  • Death

If you or a loved one is involved in a car accident in which injury has been sustained, by either party to the accident, you should speak to a specialist personal injury solicitor. Call us and we will be able to help.

How to make a claim

If you have suffered a car accident injury and the accident wasn’t your fault, you may have a personal injury claim and you may be able to receive compensation from the person who caused the accident.

Road users owe a duty of care to other road users, and you will be entitled to injury compensation if the other party negligently breached this duty of care. For example, a breach of duty can occur when a person is speeding and hits a pedestrian.

The breach must be found to have caused the accident, and caused the resulting injury and/or financial loss you have suffered.

The most common car accident injury is whiplash. This is a soft tissue injury that affects the neck. It can vary in severity and previous compensation amounts for whiplash have been up to £70,000 for severe cases.

In 10% of car accident whiplash injuries, a long-term injury is sustained. Other common injuries resulting from a car accident are bruising and fractured limbs. The compensation you receive will be based on the severity of your injury.

Car defects

Accidents can also occur from unknown defects in cars. The slightest defect can hugely endanger the lives of motorists, making this area of injury claim one of the most crucial.

There is no need to prove that the manufacturer was careless in delivering or making a defective car as this is a strict liability injury claim. Strict liability therefore means no intention needs to be shown.

For an injury claim to be valid it would be necessary to prove that there was a significant defect caused by the manufacturer during production which had the capability of causing unreasonable danger to your personal safety whilst in use.

Any injury would only be considered a direct result of a defect if the vehicle was being used in its intended fashion, and had not been modified for performance in any way.

How compensation is calculated

You are entitled to claim for a number of things for a car accident injury. These heads of claim can include:

  • Pain and suffering
  • Loss of earnings
  • Cost of care and medication
  • Damage to property

The court will decide which heads of claim to grant and for how much.

The next steps

In many instances it may be difficult to establish precisely how an accident happened, whether external factors such as poorly maintained roads were involved, or to what extent each party may have contributed to an accident.

Claims for compensation can be affected where there is evidence of illegal driving, such as:

  • Dangerous driving
  • Driving a stolen vehicle
  • Driving uninsured
  • Driving while drunk or under the influence of drugs

This may not only leave the driver open to prosecution by the police, but also affect any claims for compensation.

Personal injury claims for car accidents can be very complicated. It is highly advisable that you seek a professional solicitor’s advice if you have been involved in a car accident, and this is where we can help you.

Have you recently been in a car accident which has resulted in an injury? Contact Law can put you in touch with specialist personal injury lawyers who deal specifically in road accident claims. Please call us on 0800 1777 162 or complete the web-form above.

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