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Passenger Compensation Claims

Passenger Compensation Claims

September 28, 2021/in /by

Passengers involved in road traffic accidents often don’t realise they have the same rights to claim compensation as drivers do. It’s tragically the case that you may just be in the wrong seat, in the wrong place at the wrong time and now you’re nursing serious injuries that aren’t your fault.

The latest Government statistics show that of the UK’s 89,331 road casualties injured in 2019, approximately 30% were passengers. Unlike drivers, however, passengers are almost never liable for the cause of the road accident. Regardless of whether you were travelling via public transport such as a bus, a car or even a taxi, more often than not you can pursue passenger injury claims if you have been hurt through no fault of your own.

Here at Bonnar Accident Law, we understand that claims of this nature can get a little complicated. However, you can rest assured that we have significant experience in this area. Get in touch today if you would like more information and advice or keep reading for our guide to passenger compensation claims.

 

Am I Eligible To Make A Passenger Accident Claim?

In order to be eligible to claim compensation as a passenger in a road traffic accident, most people will need to satisfy a few simple criteria. The most crucial of these are;

  • The accident happened in the last three years, or your injury became apparent within the last three years.
  • Another party was to blame, whether this is the driver of the vehicle you were in (whether that be a car, taxi or bus), another road user, a pedestrian, or any other party.
  • You were owed a duty of care by the party who caused the accident.

What we mean by a ‘duty of care is that legally, the driver or operator of any type of motor vehicle has an obligation to drive carefully and safely – to prevent injuring their passengers and to minimise the risk of hitting other road users. If the driver fails to show due care for their passengers’ safety, and this reckless or negligent driving results in a serious injury, the passenger then has the right to claim for any damages which were a direct result of their injuries or loss. This right extends to the driver of another vehicle if they were responsible.

 

Claiming Against Family or Friends

If the driver responsible for causing you an injury is a friend or relative, you may understandably be hesitant to claim compensation out of concern the person you know will have to cover all costs. However, the claim is against their insurer and any compensation pay-out will come from them. If the responsible party is uninsured, your compensation will be paid by the Motor Insurers’ Bureau (MIB). Compensation is vital to support you through any physical or mental rehabilitation, and to cover any expenses such as loss of earnings, so whilst we understand if may be uncomfortable to do so, please don’t refrain from filing a claim if you do know the driver.

 

Debunking the Common Myths Surrounding Passenger Compensation Claims

Be rest assured that even if you were in the vehicle that caused the accident, you can still make a claim. If the driver is claiming against another party who they feel was at fault, as a passenger you still have the right to claim for any injury or loss of earnings you may have experienced. As with any compensation claim, cases are taken on an induvial basis and the first step is proving that the accident was someone else’s fault. Consequently, it’s often much easier for a passenger to claim compensation after a road traffic accident than a driver as it’s highly unlikely that they’d ever been at fault.

 

What Evidence Do I Need to Make a Claim?

It’s important to gather as much specific information and evidence as you can at the time. 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 a road traffic 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.

New Driver Here's our Top Tips to Staying Safe on the Roads

New Driver? Here’s our Top Tips to Staying Safe on the Roads

August 26, 2021/in /by

Both driving lessons and driving tests have been undeniably affected by COVID-19 over the last 18 months however, with restrictions lifting over the summer in Scotland and throughout the UK, they have thankfully been allowed to re-start. As an unfortunate result, it has been reported by the Driver and Vehicle Standards Agency (DVSA) that there is a significant backlog with many test centres fully booked through till December 2021.

For those who’ve been lucky enough to secure a slot and have recently gained their driver’s license, or for those who have perhaps passed at some time in the last 18 months and haven’t had much driving experience since we understand that journeys as a new driver can be nerve-wracking. Especially if it’s your first time in the car without an instructor or another driver.

Brake, the road safety charity, recently reported that road traffic accidents are one of the leading causes of death amongst young people, and the main cause of death among those aged 15–29 years. As such, it’s vital that new drivers know the steps they can take to stay safe on the roads, and what their options are for compensation claims if they are injured in an accident that wasn’t their fault.

At Bonnar Accident Law we have significant experience handling road accident claims so get in touch today if you have any questions or keep reading for our top tips on how new drivers can feel at ease on the roads.

The Risks to New Drivers

  • Driving at Night

In 2019, 37% of young driver fatalities and serious injuries occurred in the nine-hour period between 9 pm and 6 am, despite roads being relatively quiet during this period. Nighttime driving can be considered particularly risky for all drivers, no matter their age or level of confidence, due to the lack of light, decreased visibility of hazards and likelihood of drivers being more tired with diminished concentration levels. However, it’s deemed to be even risker for young new drivers as they may be more likely to take risks from peer pressure, to drive under the influence or to be distracted by passengers who are intoxicated.

  • Over-Confidence and Speeding

There’s a fine line when driving between confidence and arrogance, and it’s natural for young drivers to feel they have mastered the ability to drive once they’ve passed their test and have gained more driving experience. However, over-confidence can be a recipe for disaster and cause drivers to overestimate their ability to respond to hazards, whilst underestimating the risks associated with factors such as speeding. Excessive speed is a key contributor to road traffic accidents throughout the UK as young drivers often don’t have the experience or know-how to react appropriately to a dangerous situation.

  • Peer Pressure

It goes without saying that young people are subject to peer pressure in many areas of their life, and as a result, may show off to achieve a favourable status amongst their friends. Research has shown that newly qualified drivers with a car full of passengers of a similar age are four times more likely to be in a fatal crash, compared to when they’re driving alone. However, when carrying older adult passengers, young drivers are less likely to crash, which indicates that these accidents are caused by peer pressure rather than simply the presence of passengers.

 

Tips for New Drivers to Stay Safe

  • Plan Ahead for New or Long Journeys

Make sure you leave yourself plenty of time if you’re driving a new route and familiarise yourself with the route beforehand to help build up your confidence. On the day, utilise Sat Nav or GPS devices to help guide you and schedule comfort breaks at least every 2 hours on longer journeys.

  • Be Responsible

If you have passengers in the car with you, treat them as your responsibility and avoid doing anything that would put you, or them, at risk. This includes showing off by driving faster or taking risks, giving into peer pressure and not becoming distracted by your mobile phone or excessively loud music.

  • Keep Calm

If you experience any aggressive behaviour on the roads, the best course of action is to stay calm, maintain a steady speed and avoid any confrontation. If you do give in to road rage and feel shaken at all, pull over at the next safe place to stop and allow yourself time to calm down and gather your thoughts before you continue your journey.

  • Know Your Car

Make sure you know the warning signs on your car and have at least a basic knowledge of car maintenance in case something does go wrong on the road. Emergency car kits including de-icer, jump leads, phone chargers and even a spare tyre can a lifesaver, especially in the winter. And whilst it may seem obvious, keep an eye on your fuel throughout your trip and don’t leave filling up until the last minute.

  • Take Your Time

Don’t feel pressured by other drivers if you are on a road or at a junction you don’t feel sure of. It’s far better to take your time and only go when you feel it’s safe to do so. If you’re driving at night, be extra cautious and avoid the temptation to speed when the roads are quieter. Lastly, as a new driver, you will feel tired quicker as driving takes up a lot of energy and concentration so don’t stress about not getting to your destination quickly and make sure you pull over for a rest break if you start to feel sleepy on the roads.

 

What do I do if I am involved in a Road Traffic Accident?

We completely understand how distressing being in an accident will be as a new driver. If you’re taking shaken at the time to clearly identify who was at fault, do not admit liability or responsibility, rather just stay calm and try to remember as many details as possible to help support your Road Traffic Accident compensation claim.

It’s important you gather as much information and evidence as you can at the time. This includes the registration, make and model of the vehicle as well as the other name, address, contact details and insurance details of the other driver involved. If it’s possible take videos or photographs of the scene and the contact details of any witnesses. Most importantly, seek medical attention as soon as possible if required and report to your GP following any hospital admissions, and always report the accident to the police.

If you have been injured in a road traffic 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.

Back to School: Road Safety

August 20, 2021/in /by

As children across Scotland get ready for their first day back at school, many parents will be breathing a sigh of relief that their kids will finally be back in the classroom after a tumultuous year, and they can hang up their ‘teacher’ hats after intense periods of homeschooling.

However, whilst we inch closer towards normality and away from the risks of COVID-19, there’s a considerable risk to children that remains ever-present – the risk of road traffic accidents.

The RAC Foundation recently reported that child fatalities from road traffic accidents actually increased in 2020 to 52 reported child casualties, an increase from 49 casualties in 2019. A cause for even more concern is that almost half of all accidents on UK roads take place during the school run. In a study conducted by Admiral, they found that 43% of road traffic accidents throughout the UK occur during 8am and 9am and 5pm and 6pm. The increase of traffic during peak rush hour times, resulting in more stressed drivers on the road, can be a deadly combination for children walking to school especially in urban locations.

Here at Bonnar Accident Law, we understand the worry that parents will have over their child’s safety. If your child has suffered an injury that wasn’t their fault, you could raise a personal injury claim on their behalf. We have significant experience handling these types of claims and will work tirelessly to obtain your child the highest compensation possible. If you have any questions, get in touch today, or keep reading for our top road safety tips to make the school run that much safer.

 

Walking to School Safety Tips

  • Walk to school with your children until you are confident that they can do so safely by themselves
  • Make sure your children are familiar with the safest route possible, and encourage them to walk with friends so they’re not alone
  • Encourage your children, especially during the darker nights in winter, to wear something bright or fluorescent when walking to or from school, to make sure drivers can see them
  • Advise your children to only use the pedestrian crossings to cross the road and to only walk on the pavements and footpaths
  • Stop Look and Listen – make sure road safety is a conversation with your children and teach them how to crossroads safety and what hazards they should look out for

 

Driving Road Safety Tips

  • Make sure your children are wearing seatbelts and are sat in the appropriate child seat if necessary
  • Keep an eye out for school zone signs and reduce your speed the minute you approach the area surrounding a school
  • Be sure to obey any lollipop men or women who may be helping children cross the road
  • Be hyper vigilant as children may cross the road at an inconvenient time or in an unexpected place, due to a lack of road awareness
  • Reduce your speed, no matter how much of a rush you might be in and be aware of both the speed limit and any speed bumps

 

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

How to Avoid Slips, Trips and Falls in the Workplace

July 28, 2021/in /by
How to Avoid Slips, Trips and Falls in the Workplace

How to Avoid Slips, Trips and Falls in the Workplace

As many of us throughout the UK make our way back into the office for the first time in over a year, there’s a sense of excitement to be reunited with our colleagues, to have meetings face-to-face and to enjoy some gossip over a morning coffee.

Working from somewhere other than our living rooms for the first time in a long time can be a shock to the system, so we need to allow ourselves time to readjust to our workplace surroundings and familiarise ourselves to any potential workplace hazards.

It’s unavoidable, even in adult life, that we’ll often slip, trip or fall. Most of the time, we can just get right back up and brush ourselves off. However, in the workplace, slips and trips can be much more serious. Even relatively modest accidents can result in injury, loss of earnings and other damages. That’s why any accident in a workplace environment should be dealt with immediately.

Here at Bonnar Accident Law, we understand the concerns you’ll have following a workplace accident. We have significant experience handling these types of claims so if you are injured in an accident at work that wasn’t your fault, get in touch today, or keep reading to find out more.

 

The Dangers Of Slips, Trips, and Falls

Whilst they may not seem like the most critical of accidents, slips, trips and falls are the single most common cause of injures at work, accounting for a third of all reported major injuries. The Health and Safety Executive estimates that these types of incidents cost employers more than £512 million a year from lost production and other costs.

They can happen anytime anywhere, from offices to industrial settings, and can result in anything from a skinned knee to a broken bone to a long-lasting disability that could prevent you from working for an extended period of time.

It’s important to remember that slips, trips, and falls rarely happen on their own – there is usually a way to avoid them and ensure that you can go about your day-to-day working as safely as possible.

 

Our Top Tips to Prevent Slips, Trips and Falls

  1. Prevention, Not Cure

It’s far better to identify the potential causes of falls, slips and trips in the workplace and rectify these prior to any accidents taking place. Inspect your premises for uneven floor surfaces, trailing cables, wet floors and poor lighting and take the necessary action to remove these risks.

 

  1. See It, Sort It

If you identify any risks whether it be a spillage, an obstruction in a hallway or stairwell, or an ineffective or broken light, take action right away. Whether you’re the employer or employee, make sure the appropriate member of management has been notified and swift action is taken to reduce the risk of an accident.

 

  1. Be Organised

By ensuring your workplace has an effective strategy to maintaining a safe work environment, can help to avoid numerous injuries and accidents. Make sure firstly to plan ahead, by identifying any potential risks, assign responsibilities so there are key members of staff committed to the upkeep of safety in the workplace and regularly review your workplace safety standards to ensure you’re adhering to regulations.

 

Can I Make a Claim If I’m Injured from a Slip, Trip or Fall in my Workplace?

If your employer fails to provide a safe working environment and you are injured as a result, you can and should make a claim for compensation both for the injury as well as any loss of work or earnings. Under the Health and Safety at Work Act (1974), all employees have a right to be kept safe from any harm in the workplace

Whether the accident happened in your workplace or if you were carrying out work for your employer in a different location, whether you’re employed full or part-time, and no matter the size of the business, none of these factors affect your eligibility to make a claim. Even if your accident was caused by a visiting member of the public or the actions of a colleague, your employer is ultimately responsible for keeping you from harm in your workplace.

Typically, in the UK you have three years from the date of your accident to make a claim. There are exceptions to this rule however, we recommend if you have been injured in an accident at work, that you get in touch with us as soon as possible to ensure your claim is filed well within the time limit.

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.

 

Rear-End Shunts: Who’s Fault Was It?

July 20, 2021/in , /by

Hundreds of thousands of road traffic accidents occur on UK roads every single year and research from various insurance bodies has estimated that rear-end shunts account for 1 in 4 of all road traffic accidents. When it comes to rear-end collisions, there is a strong assumption that the rear vehicle is at fault, regardless of whether or not the driver of the front vehicle drove in a manner which may have contributed to the accident.

This is because motorists are expected to allow sufficient distance between themselves and the vehicle in front of them, so to avoid a collision if the vehicle in front were to suddenly stop. Rule 126 of the Highway Code states: “Leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly stops. The safe rule is never to get closer than the overall stopping distance.”

However, we understand that no two accidents are ever the same and it always depends on the individual circumstances. As with all personal injury claims, you need to show negligence on the part of the other driver or drivers, involved in the accident.

Here at Bonnar Accident Law, we have significant experience handling these types of claims so if you are injured in an accident that wasn’t your fault, get in touch today or keep reading to find out exactly what a rear-end shunt is, how to determine who is at fault and the steps you should take if you are injured.

What is a Rear-End Shunt?

A rear-end shunt is when one vehicle collides into the back of a vehicle in front. This might be when the car in front is stationary, for example at a junction, roundabout or traffic lights, or when congested traffic is moving slowly. Accidents such as these are common when the driver of the rear vehicle has a momentary loss of concentration or when they’re perhaps travelling too close to the vehicle in front. Multiple rear-end shunts can also be common in lines of queuing traffic and can create a ‘domino effect’, where the impact of a car hitting the end of a queue can push other cars forward into the back of the cars in front of them.

 

Who is at Fault?

The reason most rear-end shunts are the fault of the rear driver is because they can see what is ahead and take the necessary measures to prevent the crash. Whether it’s by paying attention to the weather conditions, the road conditions, or the traffic ahead, it’s our responsibility as motorists to stay alert and keep a safe distance between ourselves and the vehicle in front of us, so we can stop in time in the event of an accident. The driver of the vehicle in front should be taking these same steps, and therefore, may be unaware of the accident that might be about to occur behind them or have no way of preventing the rear driver from hitting their car. This is especially true when the front driver is stationary at traffic lights or a junction.

With that said, there are occasions when the actions of the front driver may make it impossible for a rear driver to stop in time and in those circumstances, the front driver may be at fault for the accident. For example, if the driver in front comes to a sudden and abrupt stop, at a time and in a location that couldn’t be foreseeable or if the front driver’s tail lights aren’t working.

 

What do I do if I am Involved in a Rear-End Shunt?

We completely understand that at the time of the accident you may be too shaken to clearly identify who was at fault. If you aren’t sure, then do not admit liability or responsibility for the accident. Rather just stay calm and try to remember as many of the details as you can as these can help to support your claim if you weren’t at fault. Especially in the case of rear-end shunts, evidence retrieved from dashcam footage or witness accounts can hugely back up your claim. Other details you should obtain at the time include:

  • The other driver’s name, address, contact details and insurance details
  • Videos or photographs of the scene and of any damage to your car if possible
  • The contact details of any witnesses
  • The registration, make and model of the vehicle
  • The date, time and location of the accident

If required, make sure to seek medical attention as soon as possible and report to your GP following any admission to the hospital. And as ever, 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.