How can poor road conditions amount to personal injury?

Potholes, spillages, uneven road surfaces and poor lighting are some of the factors that can cause drivers to lose control of their vehicle causing accidents. They can also lead pedestrians to sustain painful injuries after they slip, trip or fall. It is therefore important that your local council/ Highway Authority maintains their duty to keep road surfaces, walkways and pavements safe for use.

Spillages such as mud, grease or oil can react with the bad weather conditions leaving roads unsafe for users. If you have lost control of your car as result and have consequently suffered personal injury you may have a potential claim.

Incidents due to poor road conditions

Pothole issues

Potholes are another cause of accidents within the United Kingdom whether that be on the road or on walkways. Large potholes on a road can get worse overtime causing road users to lose control of their car. Potholes on the walkways are a huge hazard to pedestrians, the danger being that most times these are not noticed until it is too late as it is easy for them to be covered with leaves and mud. This is why it is important that if such potholes or obstructions exist on the road the local authority makes this known to the public by way of a caution. The defect or obstruction must also be rectified within a timely manner to avoid the chances of an accident occurring.

However, this is not always the case and many times the Highway Authority and your local council do not have these measures in place until it is too late. Around 7% of the accidents that occur in the United Kingdom are due to poorly maintained roads.

Bad weather conditions

Bad weather conditions such as black ice on the roads, or lack of water drainage after heavy rainfall are other examples of where the roads can become dangerous for users if not maintained correctly. More road accidents occur in January than any other month in the United Kingdom due to bad weather conditions. The Highway Authority has a duty to grit roads when they anticipate there will be snowfall or other weather conditions that warrant maintenance such as gritting.

Contact our Personal Injury Specialists today!

If you or a loved one have suffered injury as a result of poor road conditions, or walkways/ pavements that haven’t been maintained then get in touch today for some free legal advice to see whether you may have a potential claim against the Highway Authority or your local council. You can get in touch with us on 0191 250 3200 for more information.

Pedestrians caught up in accidents as a result of the increase in traffic density

Traffic levels in some of the UK’s largest cities have nearly returned to pre-pandemic levels, new data has revealed.

The research, published by Siemens Mobility Limited in partnership with HERE Technologies, shows that traffic across major cities in January 2021 was at 83.4% of the levels seen before COVID-19 despite the lockdown measures in place. This article first appeared on localgov.co.uk.

As the UK slowly opens up again, there will be an increase in traffic density and therefore a likely increase in road traffic accidents.

Pedestrians are one of the vulnerable user groups, along with motorcyclists, horse riders and pedal cyclists. These groups are not protected by a vehicle body in the same way car users etc., are, and tend to be harder for other drivers to see on the road. They, therefore, are particularly vulnerable to injuries and accidents.

There are also many contributory factors as to why road accidents occur with pedestrians and why at time pedestrians can be contributory negligent for a road traffic accident. These include:

• Pedestrian crossing road masked by stationary or parked
• Pedestrian failed to look properly
• Pedestrian failed to judge vehicle’s path or speed
• Pedestrian wrong use of pedestrian crossing facility
• Dangerous action in carriageway (e.g. playing)
• Pedestrian impaired by alcohol
• Pedestrian impaired by drugs (illicit or medicinal)
• Pedestrian careless, reckless or in a hurry
• Pedestrian wearing dark clothing at night
• Pedestrian disability or illness, mental or physical

Can I claim compensation if I caused my own accident?

Unfortunately, if you were the main cause behind a Road Traffic Accident, it is unlikely you will be able to claim compensation. This is because you were negligent and breached your duty of safety to the drivers on the road. It does not matter whether you are using a vehicle or are a pedestrian.

However, it is rare for a Court to find more than 50% contributory negligence against a pedestrian struck by a car or other motor vehicle. Apportionment of the blame is, generally speaking, in favour of the injured pedestrian.

What can I get compensation for?

Browell Smith & Co Solicitors’ specialist road traffic accident team understands your problems and can help you recover compensation for the following:

• Recovery from injuries
• Loss of a vehicle
• Time off work
• Travel inconvenience

As well as recovering compensation, where an individual suffers serious or life-changing injuries our specialist teams can look to recover the costs of specialist rehabilitation programmes, private medical treatments, and aids and adaptations where required. Our expert solicitors work with specially selected experts in the field of rehabilitation who will guide you through the process and discuss which options are available to you.

How long do I have to make a road traffic accident claim? 

As with all claims for personal injury compensation, there are time limits within which a road traffic-related accident must be pursued. For the majority of road traffic-related accidents court proceedings must be started within three years from the date of the accident. In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time. The following exceptions apply:

Children- personal injury claims involving a child can be made at any point before your child turns 18. On your child’s 18th birthday the three year rule comes into effect, so a claim needs to be started before they turn 21.

Mental Capacity- if a person lacks the capacity to make a claim themselves, there is no time limit for making a claim.

Speak to our personal injury solicitors today!

Being injured as a result of someone else’s negligence is a serious matter and is a complex area of law. It can have huge implications for you and your family so it is always best to take specialist advice. Our legal experts have a wealth of experience in handling personal injury cases and are always happy to discuss matters with you. Contact our expert team today to arrange a free initial telephone consultation.

Construction Firms Fined for Unsafe Removal of Asbestos

The Health and Safety Executive have reported that a construction company and a property management company have both been fined after failing to manage asbestos safely during a refurbishment of a former office block in Stockport. 

Materials containing asbestos along with general waste had been discarded from the property, on and before 2 August 2018, and were spread across the roof of a one storey part of the block. Some of the materials had also fallen onto a car park area below that was not segregated from passing members of the public. There was a failure to identify whether a survey had been undertaken ahead of the work in a reckless manner resulting in two employees being exposed to asbestos fibres.

Speaking after the hearing, HSE Inspector Phil Redman said: “These risks could so easily have been avoided by acting on the findings of the asbestos survey and carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Unfortunately, asbestos remains the biggest cause of work-related deaths in the UK, with symptoms often taking years to develop. This can make seeking compensation difficult and distressing for the sufferer and their family.

Claim Asbestos Compensation with Browell Smith & Co

You can claim for asbestos compensation if you were exposed to asbestos fibres or dust while in the workplace and have gone on to develop one or more of the asbestos-related conditions.

Browell Smith & Co has recovered compensation for many victims of asbestos-related injury, including clients now no longer living in the UK. Our personal injury experts have also assisted UK residents who have been exposed to asbestos abroad, particularly in the USA and Europe.

The effects of an asbestos-related injury are far reaching. We not only seek to secure compensation for our client, but to ensure that our clients are provided with all necessary aids and adaptations for their lifetime.

Contact Our Personal Injury Team Today!

Contact our expert team today to arrange a free initial telephone consultation or alternatively request a callback or Live Chat function on our website.