The Facts Surrounding Contributory Negligence in the Event of a Road Traffic Accident Claim

What is Contributory Negligence?

In the event of an accident, if a person suffers a loss or injury partly as a result of his own fault or partly due to the fault of someone else then the damages should be reduced to such an extent that both parties share the responsibilities of the occurrence of the road traffic accident claim. Legally the term “fault” is used to describe the liability that will give rise to the Defence of contributory negligence.

The Objective Test:-

To test whether the claimant was contributory negligent the court will look as to whether or not the Claimant took reasonable steps towards taking care of his/her safety. The rule applies to persons who are not suffering from any mental or physical impairment and the varying degree of intelligence will be disregarded in proving contributory negligence in the event of a road traffic accident claim.

Being Intoxicated:-

The fact that the Claimant was acting carelessly such as being drunk can amount to contributory negligence. However, the Court will consider the actions of the Claimant that MAY have contributed to the accident rather than the fact the Claimant was drunk. For example, the Claimant may be held responsible for walking into a carriage way rather than the fact that he/she was drunk while doing it.

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.

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.

Making a Serious Injury Claim Following a Hate Incident

Hate Crimes are acts of violence that are directed towards people because of who they are or who someone thinks they are. An example of hate incident can involve someone publicly insulting you due to your race, orientation or disability. Some extreme forms of hate incidents involved physical assaults which can leave victims seriously injured. If you have been injured due to someone’s misdirected and unfair hate towards you, you are eligible to make a serious injury claim for the damages and injuries sustained.  

What Are Hate Incident?

According to Police Officials and the Crown Prosecution Service any physical or verbal assault carried out due to someone’s personal traits can be regarded as a hate incident. These traits can include:-

-          Race

-          Gender

-          Religion

-          Transgender Identity

-          Sexual Orientation

Police authorities are obligated to report and take action against hate incidents that take place on the above mentioned grounds. If the hate incident involved physical assault then the victim has right to make a Serious Injury Claim against the perpetrators.

Are All Hate Incidents Hate Crimes?

If someone breaks the law driven by his/her hate towards someone else, this will be considered as a “hate crime” provided the reasons behind the hate are among the ones mentioned above. Hate incidents have their consequences, whereas hate crimes can implicate harsh sentences and heavy fines.

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

Making a Serious Injury Claim for Cumulative Trauma

Cumulative Trauma or Repetitive Strain Injury (RSI) is an umbrella term that refers to the musculoskeletal disorders that result from the repetitive strain on the upper body. If the nature of your work requires you to sustain repetitive body strain and you were not given the proper equipment and/or environment to carry out your work safely, you may be able to make a serious injury claim for the injuries sustained. The following text contains important information regarding RSI.

What are the Symptoms of RSI?

Those who suffer from RSI complain of:-

-       Pain

-       Swelling

-       Tingling

-       Stiffness

in their upper limbs

What are the main causes of RSI?

The common causes for RSI include:-

-       Repeated use of vibrating tools.

-       Uses of computers for extended periods.

-       Operating heavy machinery on a regular basis.

How am I eligible to make a Claim?

As employers we have a duty of care towards all our employees which is to minimise their risk of harm. Therefore, it is also the employer’s responsibility to make sure that every employee is provided with the proper tools and environment to prevent all kinds of injuries due to repetitive nature of their work.

You can make a successful Serious Injury Claim if you can prove the following:-

-       The employer had known or should have known that you are exposed to the risk of injury.

-       The employer failed to implement reasonable standards to prevent the injury.

-       The injury was caused due to the work that they were doing.

You should seek the assistance of Professional Personal Injury Solicitors to make a Serious Injury Claim. You are more than welcome to get in touch with our experts at 247 Solicitors by phone on 01204 263000 or email info@247solicitors.co.uk.

Following The Personal Injury Protocol For Making a Serious Injury Claim UK

In the Legal System of the United Kingdom, the claimants must prove their case by producing appropriate evidence in front of the court to substantiate each fact and matter alleged. It is common for a serious injury claim UK to be settled before court proceedings have even begun; nonetheless, it is a good idea to work on your case with the view that you will have to present your case before a court. To assist in personal injury claims cases, guidance has been given on how a claim should proceed before Court proceedings are issued. This guidance can be found in the Personal Injury Protocol which is set out below.

The Personal Injury Protocol:-

-       The Solicitor of the Claimant sends a letter to the Defendant containing a summary of the facts surrounding the serious injury claim UK with details of the injuries suffered and any financial loss incurred. The Defendant has 21 days to respond to this letter and pass details of the claim onto their insurance company, who then have a period of 3 periods from the date when they acknowledge the letter to investigate the circumstances of the claim and provide a liability decision.

If the Defendant insurer denies liability they will have to produce substantial evidence as to why. 

-       If the Defendant accepts liability then they are bound by that decision where the total value is £25,000 or less up and until the issue of Court proceedings.

-       During the period of investigation the Claimant is required to send the details of out-of-pocket expenses with supporting documents where available confirming the amounts.

For more information regarding making a Serious Injury Claim UK, get in touch with our experts at 247 Solicitors by phone on 01204 263000 or email info@247solicitors.co.uk.

Understanding the Link Between Drink Driving and the chances of a Road Traffic Accident UK

Countless people are seriously injured due to the negligence of drivers who were over the legal alcohol limit. Hundreds of people are killed as a result of these accidents. These facts may seem very upsetting, however they are much less compared to almost 35 years ago thanks to the wide spread awareness of drink driving. Unfortunately, some people still knowingly choose to get involved in this negligent behaviour. The following text describes the close relationship of drink driving and the chances of road traffic accident UK from a legal standpoint.   

The Legal Limits of Alcohol While Driving:-

-       In England and Whales the limit is:-

o   50 mg of alcohol in 100gm of blood.

o   Or 22 micrograms of alcohol in 100 millilitres of breath. 

Effects of Alcohol on Driving:-

The reason drink driving is taken so seriously is because when we consume alcohol:-

-       The brain takes longer to receive messages from the eye.

-       The simple task of processing information becomes difficult.

-       Any instruction sent to the muscles is delayed to which reaction times are much slower.

When the above changes take place, the chances of a Road Traffic Accident UK are exponentially increased.

Penalties of Drink Driving:-

Anyone caught drink driving:-

-       Will be banned from driving for at least 12 months and fined £5,000.

-       You will also be given penalty points which, can result in you going to prison for up to six months.

-       If you are caught drink driving more than once in 10 years then you can be banned for at least three years.

If you have been involved in an road traffic accident UK due to some else’s drink driving then you can get in touch with our expert solicitors by phone on 01204 263000 or email info@247solicitors.co.uk.