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Car Accidents - Personal Injury

Car accidents are common on UK roads and the law governing them is not always clear. 

This guide covers everything you need to know about the law relating to personal injury sustained as a result of a car accident. It will help you understand whether you have a claim, how to go about making a claim and how your claim will progress. For help at this stage call 01252354412 or fill out the online form at the top of this page.

What area of the law governs car accidents?

A personal injury suffered as a result of a car accident falls under UK personal injury law. If you have been injured in a car accident  as a result of someone else’s negligence, if you can clearly prove specific requirements, you could be liable for compensation. For help at this stage call 01252354412 or fill out the online form at the top of this page.

What kinds of claim can be made?

Personal injury law is designed to protect anyone from suffering harm that results from the negligent actions of someone else: it is designed to protect people. 

If you are considering making a claim having suffered an injury because of someone else’s actions, you will be making a claim for compensation. Having been injured, this will no doubt have caused you to suffer some form of injury (whether physical or mental). As a result, the law entitles you to some form of monetary compensation to reflect the level of your injury. For help at this stage call 01252354412 or fill out the online form at the top of this page.

What needs to be proven in making this type of claim?

If you are attempting to raise a personal injury claim having been involved in a car accident, you will need to be able to show that the person you are claiming against did two things:

  1. You will need to show that the person who caused you to suffer injury was obliged by law not to do anything that would likely lead to you being hurt. In other words, you will need to show that they owed you a ‘duty of care’; and,
  2. You will need to show that having owed you a duty of care, they actually caused your injury by breaching their duty of care. This is otherwise known as ‘causation’and involves you demonstrating to a court that someone’s negligence – failing to do something that they should have/ have not done – resulted in your being hurt.

For help at this stage call 01252354412 or fill out the online form at the top of this page.

All road users, including car drivers, are expected to conduct themselves with what is understood as ‘ordinary care and skill’. This can be defined in different ways. However the main definition for the purpose of car users, is that they drive in such a way that would not expose someone to the risk of suffering injury. Generally it is not difficult to show that a car driver owed their fellow car drivers a duty of care - the difficulty lies in proving that they breached this duty.

If there is to be any evidence of a breach of their duty of care, the person that is alleged to have caused the injury must be shown to have done something, or have failed to do something, and that this directly contributed to your injury. This is where you will attempt to prove negligence, which can be difficult but as in any case of a road traffic accident, evidence of a breach of the Highway Code can be very useful in proving negligence.

It is very important to understand that any evidence of negligence on your part can result in a reduction in any compensation award that you are given. Personal injury law exists to deal with negligence, and if you have in any way caused your accident, this will be reflected in any compensation that a court chooses to award you. For help at this stage call 01252354412 or fill out the online form at the top of this page.

How can I ensure that I get what I am entitled to?

If you succeed in proving that you were owed a duty of care, and that it was breached, you are entitled to compensation. However the level of compensation that you can expect will depend on the circumstances surrounding your accident, and how this is presented to a court. In most cases, any pain or suffering you have endured as a result of any injuries will be reflected in your compensation award. Furthermore, any loss of income that your accident caused will also be included. The cost of repairs to your car will, in most cases, be covered by the negligent driver’s ‘third party liability insurance’. For help at this stage call 01252354412 or fill out the online form at the top of this page.

However, as mentioned above, it is important that you understand that any action on your part that contributed to the accident and any resultant injury, can have an impact on the level of compensation awarded.

Key points

  • Car Accidents are covered under UK personal injury laws
  • Car drivers that drive in a way that risks causing someone else injury could become vulnerable to a personal injury claim
  • Evidence of a breach of the Highway Code can be very useful in proving negligence
  • Negligence on the part of the injured person making a personal injury claim can result in a reduction in the level of compensation awarded

Nothing in this guide is intended to constitute legal advice and you are strongly advised to seek independent legal advice on matters that affect you.

For help at this stage call 01252354412 or fill out the online form at the top of this page.

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Jurisdiction

UK

Last Updated

Monday, 20 November 2017

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