Personal Injury - Road Traffic Accidents and Compensation
- Author Chris Gyles
- Published February 28, 2011
- Word count 506
Compensation can be claimed if you have been injured in a road traffic accident within the last 3 years. The only proof you will need to claim compensation is that you did suffer injury, and it was not your fault. If the person responsible for the accident was uninsured, was driving a stolen car, or fled the scene of the accident, you are still able to claim compensation through the Motor Insurers Bureau. You are able to claim compensation whether you are involved in an accident as a driver, pedestrian, passenger or on a bicycle or motorbike, just so long as it can be proved that it was not your fault.
It is a common fact that younger driver become invloved in more accidents as their driving skills and safety factors will improve with age and experience on the road. However, there is always a risk of the unexpected which can result in accidents. As a passenger in a car, you have no control over what happens when an accident does occur. The driver of the vehicle you are in has a duty of care towards you and has and a responsibility to drive as safely as reasonably possible. It is a legal duty owed to you to also see that the car is safe to be on the road even if you are not the owner of that car. If the passenger is injured in a car accident, then the driver of the car the passenger is in will be liable for any injuries sustained. The passenger has a legal right to claim for compensation against the driver's insurance company if they are injured through the accident caused by the driver. These types of claims are complex and it is therefore wise to hire a specialised solicitor who has expert knowledge in road traffic accidents to gain the best advice.
The most common scenario in a road traffic accident usually involves two drivers or a driver with a passenger from one vehicle seeking compensation from a driver of the second car. What really needs to be proved is that the accident was caused by negligence. A claim for road traffic accident compensation can lead to legal proceedings which will usually involve the driver and possibly any passengers in the cars that were involved in the accident, if the passengers are claiming any personal injuries sustained because of the negligent driving of one of the parties. Generally legal proceedings that have resulted because of poor road design will be made against the local council and will be based on the fact that they failed to install proper signs, or proper designs or maintained any 'A' roads, high streets or motorway in question. Compensation can also be calculated by the product liability lodged against the manufacturer of a car or a car part, to claim that the design or manufacturing of the car had a defect or a fault which caused the accident.
For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.
I am a legal writer covering advice on topics of law including road traffic accidents, for further text and similar works visit Road Traffic Accidents or contact a solicitor today.
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