Important Factors Contributing to Road Traffic Accident Claim

The following text elaborates on the various factors that are considered at the time of a road traffic accident claim. These include:-

-          The duties of the road user.

-          Proving Negligence.

-          Driver Liability.

-          Defences in the event of a Road Traffic Accident.

The duties of a Road User:-

It is the duty of road user to take all reasonable steps to avoid causing damage to other road uses that are present on the highway. This covers all drivers, pedestrians, cyclists, and owners of roadside property. The duty of care applies to a driver who possesses ordinary driving skills. Being able to anticipate other road users is also part of these duties. The above mentioned will be taken in consideration in the event of a road traffic accident claim.

Proving Negligence:-

Road traffic accident claims are predominantly brought in negligence. However as a starting point it will be determined whether or not the driver has breached his/her duty of care in accordance to the Highway Code. If the driver has been observed to breach this code then this will be used as proof of negligence.

The Defences:-

As a valid Defence the Defendant can claim that the Claimant has contributed to his accident in the event of a Road Traffic Accident Claim. For example, if the Claimant failed to wear a seatbelt then his/her compensation may reduce by 15% to 25%.

For more information regarding making a road traffic accident claim, get in touch with our experts at 247 Solicitors by phone on 01204 263000 or email info@247solicitors.co.uk.