Driver Making Phone Call After Traffic Accident

How to Make a Road Traffic Accident Claim

March 28, 2024/in , , /by

Road traffic accidents can happen at any time, anywhere, to anyone. You can try to avoid them as much as possible, but sometimes it is simply not in your control to avoid them. In incidents such as these, you will have to follow a few steps to ensure that you and your loved ones are safe and then claim for the damages you have faced.

An accident claim lawyer such as us at Bonnar Accident Law will ensure that you get the compensation claim that you deserve. Assessing the situation, the road traffic accident, and how it affected you, the personal injury lawyer will do their utmost to ensure you are compensated appropriately.

How to claim compensation for a road traffic accident in Scotland

Keep in mind that a road traffic accident (RTA) can result in injuries as minor as relatively mild whiplash to life-threatening multiple fractures. These may also include critical-care spinal or head injuries, and at worst, may lead to an unfortunate fatality.

Our personal injury solicitors are equipped with the expertise and experience to accurately value every RTA claim. We manage every case to a successful conclusion, no matter how complex or difficult it may be.

A few simple steps to take immediately following a minor road traffic accident

Here are a few steps you should immediately take following a road traffic accident:

  • Check for injuries
    Check yourself and your passengers for any injuries. Don’t make sudden movements in case of a puncture wound or a fracture. Slowly get up into a comfortable position. If you or any other passenger is hurt, don’t hesitate to call for medical assistance. Even a fraction of time can make a life-changing difference when it comes to medical emergencies.
  • Move to a safe location
    If your car, bike or vehicle is drivable, pull over to the emergency lane if it is safe to do so. You should attempt to move your vehicle if it may cause a further potential road hazard. Ensure you have your hazard warning lights turned on to let traffic know that your vehicle has made an emergency stop.
  • Document the accident
    If you have your phone or tablet device handy, take photographs of the crash scene. This photographic evidence will help to support your compensation claim and will be useful for your insurance. The evidence should include photos of all involved vehicles taken from different angles. Be sure to photograph licence plates, visible damage, and the surrounding streets/areas of the incident.
  • Call the police
    Always call the police to the scene of a road traffic accident, no matter how minor it may seem. The police report will help the insurance companies determine which party will be responsible for the damages incurred. Also, a police record will keep every legal documentation in line for you.
  • Exchange information
    If there is another vehicle or driver involved, make sure you exchange your information with them. This should include contact details and insurance information.
  • Look for witnesses
    If the road traffic accident happened in the presence and line of sight of people nearby, do ask them to provide you with a statement, if they can. Ask the likes of shop owners, pedestrians, other vehicle owners and drivers. It’s good practice to ask them to stay on the scene to provide a statement to the police when they arrive.
  • Report the accident
    Always report the road traffic accident, no matter how minor, to the police as soon as possible. Reportable road traffic collisions have to be logged as soon as practicable or within 24 hours, in any case.

Hammer gavel judge with car vehicle accident, insurance coverage claim lawsuit court case.

How to make an RTA compensation claim if you are:

  • Car and other vehicle drivers

In a road traffic accident in which you were driving but where you were not at fault, you may be entitled to claim compensation from the other party’s insurance company.

Here are a few steps you should take if you have been injured:

  • Seek medical attention as soon as possible, and report to your GP following a hospital admission
  • Exchange insurance details
  • Take photos, only if it is safe and appropriate
  • Obtain the name and contact details of any witnesses
  • Inform the police

IMPORTANT NOTE: Do not accept an offer from the other driver’s insurance company. The acceptance of an initial offer immediately after an accident is a major mistake!

Seek independent legal advice from our accident claims lawyers.

  • Pedestrians

If you were an RTA victim as a pedestrian, you may also have a claim against the driver.

If you’re a senior citizen or have a minor, you may have a potential risk every time you step on a busy road. All it takes is a small lapse in judgement or attention on the driver’s part to ruin any pedestrian’s life forever.

It is not uncommon for pedestrians to get injured while crossing a road as cars or other vehicles may swerve or mount a pavement.

If you are a victim of this type of RTA, contact our personal injury solicitors in Scotland to help you win your claim compensation.

  • Car passengers

In case you are a passenger in a van, car, or any other vehicle, and you are in a road traffic accident, you may be entitled to claim against the driver. If that driver is an Uber or any other service, you may easily win a claim. And in case the driver is a relative, family or loved one, don’t hesitate to claim since it will be paid by the driver’s insurance company.

Remember, whiplash injuries may seem minor but these are painful and may cause long-term muscle or fibre damage. Get yourself examined by a medical practitioner after the RTA and then give our personal injury solicitors a call. We will advise you on the merits of your claim.

  • Bus or coach passengers

Being a passenger on a coach or a bus that faces a road traffic accident, you may be entitled to a compensation claim.

A simple injury may occur in the unfortunate event of a collision, an emergency stop, or even a minor or a proper accident.

You may be thrown around in the large vehicle which may result in common injuries such as brushes, whiplash, cuts, fractures, or even head injuries.

These compensation claims can also be made by tourists who travel on a sightseeing tour or holidaymakers. It may also be made by teachers or schoolchildren who go on trips.

  • Taxi passengers

Despite wearing your seatbelt in a taxi, an Uber, or a similar car-hailing service vehicle, you may suffer minor or serious injuries if the vehicle collides on the road. A hard-hitting emergency stop may also injure you.

In case you have suffered minor or serious injuries when inside a taxi or car-hailing service vehicle, you ask our personal injury solicitors in Scotland to help you make your claim.

  • Hit-and-run victims

As a victim or a hit-and-run driver, or if the vehicle was stolen or driven by an uninsured driver, you may be entitled to a personal injury claim.

May uninsured drivers flee the scene after an RTA to escape the consequences of their actions. Sometimes the vehicle in a hit-and-run is stolen. In any case, you have the legal right to make a claim.

Bonnar Accident Law can help you claim through the Motor Insurers’ Bureau (MIB).

  • Cyclists

In Scotland and the UK, cyclists are amongst the most vulnerable road users. Any slight inattentiveness or recklessness by a larger vehicle driver may result in an injury for you. Other reasons may include faulty equipment or poor road surface conditions.

As a cyclist, a minor accident may lead to minor injuries such as cuts and bruises to major injuries such as fractures, head or spinal trauma, etc. In extreme cases, the RTA may result in a fatality.

As a cyclist, you may be entitled to claim compensation if:

  • The accident was caused by another road user or vehicle driver
  • The road or cycle lane was in poor condition
  • The equipment you were using was faulty

Our personal injury solicitors at Bonnar Accident Law will investigate the claim free of charge and give you expert legal advice.

  • Motorcyclists

Even the most skilled motorcyclists, wearing the correct protective gear, may face injuries or even death, when they are involved in a road traffic accident.

Actions of other road users and hazardous road conditions are two of the main reasons behind motorcyclist RTAs. The sustained injuries may be minor, serious, life-altering, or even fatal.

In case you or your loved one has been in RTA as a motorcyclist, you may be entitled to claim compensation.

Bonnar Accident Law is a corporate member of Headway, The Brain Injury Association, and we know how to help people and families who have to deal with the aftermath of a serious injury.

Contact our personal injury solicitors in Scotland to make the right claim for compensation in a road traffic accident as a motorcyclist.

How to claim with an accident claim lawyer

There are various methods to seek compensation after a road traffic accident. In most cases, you can contact a traffic accident claim solicitor or personal injury solicitor. The initial consultation to discuss your case may be free of charge. But to clear ambiguity, always call the solicitor beforehand to confirm.

To claim compensation through a no-win-no-fee accident claim solicitor in Scotland, remember to take the following actions:

  • Contact a solicitor
    Contact a personal injury solicitor who offers a no-win-no-fee arrangement. This agreement will allow you to claim compensation without worrying about how to pay for it.
  • Provide the required information
    It is paramount that you provide your solicitor with all the information and evidence collected at the scene of the accident. Even if it is a minor detail that you want to overlook and not mention, mention it to the solicitor.
  • Follow the solicitor’s advice
    Once the solicitor is on your case, and it begins, make sure that you follow every advice your solicitor gives through the claim process. If they give you directions on your words and interactions, take the advice. It will benefit you by the end of the claim.

Remember, the actions you take in the hours and days after a collision can have a significant impact on the outcome of your claim. It’s important to keep detailed records of everything related to the accident, including photographs, medical history, prescriptions, and any other out-of-pocket expenses.

What would a traffic accident solicitor do for you?

When you talk to a traffic accident claim solicitor, they will listen to your account of the traffic accident. Remember to provide them with evidence, and recount the traffic accident in complete detail. Remember to recall every detail to help them highlight how your claim can increase based on the injuries incurred.

The road traffic accident solicitor will provide you with the necessary steps you need to take to take your case to court. Write them down and ask them to provide you with a checklist of documents and necessary evidence you will require in court.

Will your case be on a no-win-no-fee basis?

Most road traffic accident claim lawyers take the cases on a no-win-no-fee agreement. It means that if your claim isn’t successful, they will not charge you any solicitor fee. Ensure that you have got this point cleared out in the initial discussion with your solicitor.

In case your road traffic accident claim is won, the solicitor will charge you a percentage from your awarded claim. But don’t worry, there is a cap that keeps the percentage within an acceptable limit. Discuss clarity on the percentage in the initial discussion as well to avoid any unwanted surprises later on.

In case your road traffic accident claim solicitor asks for a fee, you may be able to apply for legal aid to help you with the expenses and fees incurred. In case of winning your road traffic accident claim, you may have to give a share of your awarded claim towards the legal fees and damages. You can find more information on the website of The Scottish Legal Board.

Contact Bonnar Accident Law for a no-win-no-fee road traffic accident claim

Bonnar Accident Law has been helping people in Scotland, who have been injured or affected in a road traffic accident and helping them claim their compensation since 1977.

Our solicitors are all members of APIL, the Association of Personal Injury Lawyers and the firm is a corporate partner of Headway UK, the Brain Injury Association.

If you have been injured in a road traffic accident and would like to discuss your options for making a compensation claim, please do not delay. Call us free now on 0800 163 978 or complete our free online claim enquiry and we will contact you by return.

Police Scotland's Festive Crackdown on Driving under the Influence: All You Need to Know

Police Scotland’s Festive Crackdown on Driving under the Influence: All You Need to Know

December 14, 2021/in , /by

The Minister for Transport and Police Scotland have launched this year’s festive enforcement campaign to tackle drink and drug-driving across Scotland, highlighting the personal and criminal consequences of being found guilty of driving under the influence.

More than 20,000 drivers are stopped by the police in Scotland every month and Police Scotland’s enforcement campaign will see an even stronger focus on drink driving on Scotland’s roads, so the chances of being caught are higher than ever.

The consequences of drink and drug-driving can be devastating and put not only the driver but any other passengers, and road users at risk of serious injury or worse. With more people out and about and enjoying Christmas parties this year, in comparison to the Covid-19 restrictions that consumed the festive season in 2020, Police Scotland’s message is clear: if you’re planning to have a drink, even just the one, leave the car at home.

Police Scotland confirmed that 395 motorists having tested positive for drug-driving, and 600 arrested for drink-driving and related offences throughout Scotland in the last two months alone. Unfortunately, it is the reality that some people do still take the risk.

Here at Bonnar Accident Law, we understand that behind each statistic, there is potentially a family dealing with a devastating aftermath. We have significant experience handling road traffic accidents, and we are here to help every step of the way. If you’d like more information get in touch today, or keep reading to find out all you need to know on drink and drug-driving.

What are the current drink and drug-driving limits in Scotland?

The current drink drive limit is:

  • 22 micrograms of alcohol in 100 millilitres of breath
  • 50 milligrams of alcohol in 100 millilitres of blood
  • 67 milligrams of alcohol in 100 millilitres of urine

The drink and drug-drive limit in Scotland is stricter than in England, so just one small drink could put you over. The reason it’s measured as a percentage of alcohol in your breath, blood or urine rather than per units of alcohol, is because everybody processes alcohol in different ways, and the same drink can create different levels of alcohol for different people. This can be influenced by factors such as your weight, age, metabolism, medication or your stress levels.

Although it’s clear that you cannot safely drink any alcohol when driving, the reason the limit isn’t zero is because there’s more than one reason why drivers could have alcohol in their body other than from drinking. For example, certain foods, mouthwash and medications can contain alcohol.

Regarding the drug-driving limit, Scotland has a zero-tolerance approach to tackling illegal drugs and driving. No matter what kind of drugs someone may have taken, or how much, it is a crime to take illegal drugs and drive.

The police can stop you if they suspect you of drink or drug-driving, and if you are found to be over the drink drive limit or to have used illegal drugs, this is treated very seriously. The consequences are severe, ranging from receiving a criminal record, a minimum 12 month driving ban, the possibility of losing your job and receiving a substantial fine. Repeat offenders, or those that cause death due to careless driving, may even face the prospect of a prison sentence and a much longer driving ban.

Can an injured passenger claim against a drunk driver?

As always, the most important element of any claim for compensation is proving that someone else’s negligence caused you to be injured, through no fault of your own. In terms of typical passenger compensation claims, if you can prove that the driver caused the accident, the grounds for your claim would rest on the fact that you were owed a duty of care that you did not receive.

If a driver fails to show due care for their passengers’ safety, and their reckless or negligent driving results in serious injury, the passenger then has the right to claim for any damages which were a direct result of their injuries or loss.

For drink and drug-driving cases, this can be a little more complicated. You could still claim against a drunk driver if you were injured as a passenger in their vehicle that was involved in a car accident. Even if you yourself were drunk. Regardless of whether a passenger is drunk or not, a driver who causes an accident will invariably carry the lion’s share of responsibility for the accident.

However, when a passenger decides to be driven by a driver they knew, or ought to have known was drunk, that passenger may be liable for contributory negligence. Contributory negligence means that any compensation you are awarded would be reduced, owing to the fact that your choice to enter a vehicle with a drunk driver contributed to the injuries you sustained.

What do I do if I’m involved in a road traffic accident caused by drink or drug-driving?

We completely understand how distressing it is to be involved in a road traffic accident, especially if you are injured by someone drink or drug-driving. Just try your best to stay calm and remember as many details as you can, as these can help to support your claim if you weren’t at fault. Try to record the following:

  • Names, addresses and contact details of all drivers involved
  • Vehicle registration details for all vehicles involved
  • Accident date and time
  • Accident location
  • Full contact details of any witnesses

Most importantly of course, if necessary, seek medical attention as soon as possible and report to your GP following any hospital admissions. And remember to always report the accident to the police.

If you have been injured in an accident that wasn’t your fault and you would like more information, please get in touch with one of our No Win No Fee solicitors today.

Our Guide to Making a Claim if You’ve Been Injured During Your Scottish Staycation

June 30, 2021/in /by

As we are slowly making our way out of lockdown in Scotland and with the vaccines providing us with the hope that we’re on our path back to some semblance of normality, the tourism industry has been reopening its doors for the first time this year.

However, with the continued uncertainty of the traffic light system and the various rules when it comes to travelling abroad, it’s understandable that many people in Scotland will be choosing to enjoy a holiday closer to home in the form of a ‘staycation’. This was echoed in a recent study by Travelodge, which suggested that 4 in 5 people across the UK are planning a ‘staycation’ holiday this summer rather than leaving the country in search of warmer climates.

With the beauty of the Scottish Highlands, the white beaches of the Outer Hebrides, and the rich history of the Capital city, travelling around Scotland is the perfect opportunity to relax, unwind and take a break from the stresses of daily life. Unfortunately, no matter what safety precautions you may take, accidents, injuries and illnesses can and do happen while you are on holiday.

Unfortunately getting injured or falling ill may mean you have to cut your holiday short and return home. However, if this wasn’t your fault you may be entitled to file a personal injury claim for compensation. In this blog we’ll explore the circumstances under which you could make a claim, and the steps you can take to support your case.

 

What Can I Claim For?

There are many different accidents and injuries you may be able to claim compensation for, if you were to fall ill or be injured whilst on your staycation. Here’s just a few examples:

  • An injury sustained in the hotel premises such as a slip, trip or fall caused by defective flooring or poorly maintained grounds
  • You slip and injure yourself on any type of spillage or leak within the hotel grounds
  • You contract food poisoning after eating or drinking in the hotel restaurant, particularly if other guests also suffer from the same food poisoning
  • You injure yourself during any recreational or sports activities, organised by the hotel or tour operator
  • You sustain an injury in a road traffic accident, whilst on a day trip organised by the hotel or tour operator

What Can I Do To Support My Claim?

In order to support any claim, the most important factor is to be able to prove the illness or injury was in no way your own fault and was caused by the negligence of a third party (such as your accommodation provider, tour operator or the hotel staff). There are some other steps we’d highly recommend you take, to ensure your claim for compensation has the best chance of success:

  • Report the illness or injury to the hotel staff, tour operator or your travel company straight away at the time of the incident itself.
  • Make sure this is noted within the hotel’s accident book, this will ensure there is a date/time record of the incident occurring. It should also detail whom you reported the incident to, the circumstances surrounding it and the deals of any witnesses. Make sure you check this has been accurately recorded.
  • Keep receipts of any and all expenses you may have an incurred, as a direct result of your accident or illness.
  • If you’ve had to seek medical advice or visit the hospital, be sure to maintain all medical records. Once you’ve returned from your staycation, report to your GP as soon as possible.

All of these points will go a long way to strengthen your claim, to make sure you’re awarded a fair compensation sum to cover all of your medical and travel expenses that may have left you out of pocket, as well as for the hardship caused.

 

How Can We Help?

We understand how distressing it can be when you’ve had an accident or sustained an injury of any type whilst on holiday. It can be difficult to know where to turn to next, as even if you’re holidaying at home in Scotland, you are still likely to be far from your own home and removed from your familiar surroundings.

Here at Bonnar Accident Law, we have significant experience handling these types of claims, so if you feel your hotel or holiday company compromised yours and your family’s safety and caused an injury or illness, then don’t hesitate to contact us today. We’ll take your case on a No Win No Fee basis, covering all the upfront costs to ensure that your claim the best chance of success.

If you have been injured in an accident that wasn’t your fault and you would like more information, please get in touch with one of our No Win No Fee solicitors today.