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Category: Road Traffic Accident Advice

  • The Bereavement Award

    What is it?

    In the event of a fatal accident family members and the deceased’s estate may be able to make a claim for financial losses from the insurers for the person or company which caused the accident.

    One such head of claim is the Bereavement Payment.

    Who is entitled?

    There are only a limited class of people who can claim the payment, they are as follows:-

    • Surviving spouse;
    • Surviving civil partner;
    • Parents (if child was under 18);
    • A cohabiting partner who was living in the household immediately before the date of the death of the deceased and had been living in that household for at least 2 years.

    How Much?

    The value of this claim has recently been increased to the sum of £15,120. No amount of money will ever make up for the loss of a loved one, however the sum of £15,120 is very low when compared to other Western countries.

    There are many other heads of claim which can be brought both by the estate of the deceased and the dependents, including, but not limited to, recovering the cost of the funeral, general damages for the pain the deceased may have endured, loss of dependency claims for the spouse and children in terms of loss of income and other non-financial support such as care and DIY.

    If you would like to discuss a fatal accident compensation claim please contact Richard Long, Solicitor, ASD Solicitors, Sheffield, who has more than 35 years’ experience in dealing with these types of claims.

  • Breaking Bones

    Breaking Bones

    This article on the basic principles of anatomy and physiology aims to provide insight into medical notes, medical report writing and questions to medical practitioners.

    Fractures to limbs

    Limb fractures are a common form of injury. They are often associated with those mechanisms of injury seen in personal injury claims. Road traffic accidents (RTAs) account for a significant part of personal injury practice, and the forces at work in high-speed collisions are sufficient to cause fractures within the long bones.

    The upper limb comprises three long bones: the humerus in the upper arm, which articulates with the radius and the ulna.

    Types of fracture

    The way a long bone fractures depends on how the injurious force is applied to it. Therefore, the twisting motion within a ski boot may result in a spiral fracture of the tibia.

    Spiral fractures in the upper limb bones are less common. In children, there is a well-documented association between the development of spiral fractures and deliberate harm.

    The way a fracture is identified will relate to its position, which can be head, mid-shaft or distal (the furthest point of the bone from the centre of the body). It will also depend on how the fracture appears when seen by the clinician and on x-ray.

    Humerus, radius and ulna

    The humerus, being the largest of the upper limb bones, has several muscular attachments, needed to produce the complex range of movements at the shoulder and the elbow. The bone is widest at its two ends and has a waist. Fractures caused by trauma to the humerus can occur at the upper end (the head of the humerus) or just below it (the neck of the humerus).

    The long bones of the upper limb all have a hard outer layer with a honeycomb-like core. In adulthood, blood-cell production from the bone marrow largely retreats to the spine, the ribs and the sternum. The material within the core in adults is a more fatty substance, and can be associated with significant complications in fractures of long bones (primarily within the leg).

    The radius and ulna provide the structural support for the flexion and extension of the muscles of the wrist and fingers. Fractures of the radius and ulna are usually encountered in the extremes of life. Both are associated with falls on the outstretched hand. In the young, this tends to give rise to a ‘greenstick’ fracture, while in the elderly the fracture tends to be a displaced fracture of the radius at the wrist joint. The most common of such fractures is the Colles’ fracture, which is a frequent injury in the winter months, particularly for the elderly and those with osteoporosis.

    Femur, tibia and fibula

    The femur can be injured at any age. However, with the exception of the elderly and where there is an underlying illness, the femur is sufficiently large to mean that considerable force is necessary to cause a fracture. This is also the case for the tibia.

    In the young, fractures of the femur are associated with considerable impact forces, and so are encountered in RTAs and in farming or horse-riding. The femur contains a considerable amount of fatty tissue in its core. In the case of femoral fractures, there is a clear association with the development of a fat embolus.

    In a fat embolus , the fatty material contained in the honeycomb core (matrix) of the femur can enter the circulation. Small fragments of the fatty material then enter the veins in the bone and then the veins drain the leg. From this source, the fatty material travels through the right side of the heart and into the lungs.

    A fat embolus is a potentially life-threatening complication of a femoral fracture.

    Fractures of the femur and the pelvis can also be life-threatening, purely because of the potential for blood loss. As a general rule, pelvic fractures are associated with the loss of up to two litres of blood into the pelvis, without any apparent external blood loss. In femoral fracture,s there can be a loss of up to one litre of blood into the tissues around the femur.

    Tibial fractures, like those of the femur, are associated with considerable force in the young and in the absence of underlying disease. The tibia can be injured in compression when falling from a height, and such injuries can result in significant disruption of the knee joint. Fractures of the tibia or femur that extend into the joint and onto the joint surface are associated with a lifetime risk of osteoarthritis.

    Fibula fractures can occur with much less injury. It can be a complication of a significant ankle sprain. Further, the bone is not weight-bearing, so its fracture tends to be a less significant injury.

    Treatment of fractures

    The basic principle of fracture management is immobilisation. This to surrounding tissue is significantly reduced. Finally, it assists in healing.

    In relation to the upper limb, fractures of the humerus can be treated with complex (aeroplane) casts, which hold the arm clear of the chest wall, with plaster on the chest as well as the arm. This is clearly a situation which most patients would not tolerate. Therefore, where possible, humeral fractures are treated by open reduction, which entails an operation to bring the edges of the broken bone back together. To assist this healing process and to reduce the possibility of parts of the bone (ORIF) can be applied. In addition, the long-proven art of plaster application is still widely used. Here the intention is to immobilise the length of the bone by reducing the scope for movement in the joint above and below the fracture.

    As the femur and tibia are weight-bearing bones and early mobilisation of the patient is necessary to prevent any complications, such as the development of deep venous thrombosis, ORIF is frequently applied.

    In the next article, I will deal with bone healing and the development of pathology within joints.

    Varieties of fracture

    Simple: undisplaced and comprising of no more than two broken ends of the same bone.

    Comminuted: a more complex fracture with multiple bone fragments.

    Compound: the fracture has breached the skin, and bone may be visible to the naked eye.

    Displaced: the position of the distal part of the fracture has been shifted relative to the proximal portion (for example, the two components may override each other, producing a Colles’ fracture).

    Greenstick: this is not so much a fracture as a defect in the covering of the bone (the periosteum) and is commonly seen in children.

    If you have been injured in a road traffic accident and you want to make a claim, call 0114 2678780, for a free same-day visit. You can also email Richard Meggitt at [email protected], or fill out a form on our road traffic accident claim page today.

    This article has been written by Dr. David Thomas, a barrister.

  • Why Pay 25%? for a No Win No Fee claims

    Most personal injury firms offer a ‘no win no fee’ scheme for their clients, but what does this actually mean and do all solicitors offer the same terms?

    ‘No win no fee’ simply means that if your claim is unsuccessful, you will not be charged. Some solicitors do ask their client to pay for expenses such as medical reports if the claim fails. However, the most likely scenario is that there will be nothing to pay.

    What happens in the event of a win?

    Since April of last year, solicitors have been forced by the government to charge their clients a success fee rather than the insurers. The success fee charged is usually 25% of the compensation recovered. In addition, some solicitors charge an insurance premium. They insist the client takes out a policy to pay for expenses if the claim fails and premiums can range from £35 to £1500.

    At ASD, I insist on transparency so the client knows exactly what they have to pay and when. If the claim fails, my client never has to pay a penny unless the claim brought to us was a dishonest one. If the claim succeeds, all the client pays is a fixed success fee. There are no premiums to pay or loans to take out, my firm funds the claim and if it fails, we pay the expenses. The success fees we charge are never 25%, but range from 10% to 20%, plus VAT of the compensation recovered.

    A clear policy from a local firm, that still offers a home visit by a solicitor.

    If you’ve had a workplace accident , a burn accident, a head accident , a spinal cord accident or a loss of limb accident, call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim.

    Richard Meggitt

    Solicitor / Director

    Accident Solicitors Direct

    Sheffield

  • Failure to Wear a seatbelt – effect upon Compensation

    Failure to Wear a seatbelt – effect upon Compensation

    Car Makers Offered Relaxed Regulation for Installing Ignition Lock ...

    Failure to Wear a seatbelt – effect upon Compensation

    In a road traffic accident, where a Claimant fails to wear a seatbelt, an insurer will almost always seek to deduct 25% from the compensation claim.

    In reality it is not as straightforward as an insurer would have you believe. Firstly, the burden of proving the deduction rests firmly with the opponent. Secondly, the standard deductions are not as simple as reducing the claim by 25%.

    The standard applicable today is set out in Froom v Butcher (1975) as follows:-

    • No deduction where use of seatbelt would not have made any material difference to the injuries suffered;
    • 25% deduction if the failure to wear a seatbelt made all the difference, in other words the Claimant would have been uninjured or virtually uninjured;
    • A deduction of 15% in other cases, in other words cases where the Claimant would still have suffered an injury, but the injury is more severe because of the failure to wear a seatbelt.

    If you have suffered serious injury, a 25% deduction will be considerable. As always, instruct a local solicitor who specialises in personal injury claims to ensure you get the right result.

     If you want to make claim for a traffic road accident, a pedestrian, cyclists, or motorcyclists accident  and are considering making a claim, call 0114 2678780.  You can also mail Richard Meggitt at [email protected], or complete our online form today.

  • Understanding the Value of a Cycling Claim

    Many of us are cycling more at the moment. Richard Meggitt, Partner at ASD Solicitors, explains what you can claim for following a cycling accident. Most cyclists understand that if they suffer injury as a result of someone else’s negligence they can claim damages for personal injury. See our guide here. In this article I set out other claims that can be made in addition to General Damages (compensation for injury).

    Real Understand of the value of your Bike

    I understand that your bike may have cost many thousands of pounds, and in some scenarios can have a value above that of the car that struck you. In addition to the purchase cost you may have spent hundreds of pounds on extras such as GPS trackers or performance pedals. Bikes often suffer major damage in seemingly minor collisions.

    If it is economic to repair i.e. the cost of the repair is less than the value of the bike, I seek to recover the cost based on an estimate. If the bike is beyond repair, I will look at the purchase cost of the bike and the equipment. As a general rule you are entitled to claim the pre-accident value of the bike. This will depend on the age, condition, purchase price. A purchase receipt is ideal but not absolutely necessary. In addition to recovering the pre -accident value of the bike additional extras for equipment can also be recovered. The value of these extras is generally the purchase price less a percentage to cover for ‘wear and tear’. If the equipment is almost new the reduction will be minimal, if it is, say, 3 years old the deduction could be as much as 50% depending on use.

    Safety Equipment

    Clothing, helmet, cycling shoes can all be damaged in an accident. Indeed, after an accident the helmet should not be re-used if it has suffered a blow. Similar to bike equipment the purchase cost of these items can be claimed less a percentage for wear and tear, depending upon age and use. An original purchase receipt is useful bit not a prerequisite.

    Other losses following a bike accident may include:-

    • loss of earnings;
    • medical expenses, such as the cost of
      physiotherapy or psychological treatment;
    • travel expenses. For example, if you would
      normally cycle to work but have to take an alternative method transport
      then taxi fares etc may be recoverable;
    • care and assistance provided by family members

    If you need further information about how to make a cycling claim, please call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim. We have been assisting local cyclists
    since 1984.

  • Why Do Some People Get More Than Others For Similar Injuries?

    Why Do Some People Get More Than Others For Similar Injuries?

    This is one of the most common questions we get from clients. People are often angered when they realise a friend or colleague received more compensation for what they perceive to be an identical injury to their own. In this article, we’ll explain why this happens and which factors directly affect the amount you receive in compensation for an injury.

    But before we drill down into each factor, it’s important to understand exactly what personal injury claims are for. The compensation awarded is also known as “Pain, Suffering and Loss of Amenity”. These three factors, to put it simply, are added together and monetised to determine how dramatic an effect the injury has had on your life and therefore how much you deserve in compensation. This is why the amounts vary, because they are always relevant to the individual. 

    Compensation for the physical injury

    Every case is different, and no two injuries are identical. In every case a medical report is obtained to set out the injuries the client has suffered. The building blocks of any personal injury claim is the medical evidence. A solicitor will review the value only when the opinion is definitive and final prognosis given. The value, for example,  of a ‘whiplash’ claim will differ from case to case dependent upon a variety of factors including duration of symptoms, the degree of pain, time off work, effect upon hobbies, any pre-existing symptoms which have been made worse, nature and extent of medical treatment. These factors and others can mean the difference of thousands of pounds for similar injuries. 

    Another example would be to compare a middle-aged man working behind a desk in a corporate business, and a teenage girl. If they were both in an accident and cut their heads in the same place, with the same sized scar as a result, who do you think would need more compensation? Based on case history, the girl would be likely to receive more compensation, as the injury would potentially affect her much more than it would the man. This is because although the pain is the same for both, having a facial scar as a young girl can be much harder to deal with, perhaps even leading to psychological issues such as anxiety or depression, due to society’s stereotypes of beauty.

    Compensation for loss of earnings

    The compensation a person is awarded will often be heavily dependent on how much a person earns and how long they have to be off work for. For example, two people at the same company could both suffer the same severity of whiplash in a car crash. However, if one earns £500 a week and the other only earns £250, they would receive different amounts of compensation, even if they’re both off work for the same amount of time. The higher earner would obviously seek to recover more.

    Compensation for care and assistance

    Another factor which is considered when deciding how much money a person is awarded for a claim, is whether or not they need any additional care. The term ‘additional care’ applies to more than you might expect. For example, as well as any medical care, an injury victim might also receive compensation for having to hire gardeners, decorators or cleaners to name just a few. Anything that the claimant has to pay for which they would ordinarily do themselves is eligible to be refunded as part of the claim. However, these only apply when they are relevant. 

    Ruined Holidays

    Another consideration is whether the victim was injured before a pre-booked holiday. If the victim suffers an injury which means they cannot enjoy their holiday to the fullest, then they may be entitled to compensation towards the cost of the holiday. The amount of that compensation often relates to the cost of the holiday, so for example, a claimant with a booking for a fortnight’s holiday to California would likely receive more than a person with a booking for a weekend’s caravan holiday in Cornwall.

    Other Losses

    This could include traveling expenses resulting from the accident, damage to personal items such as jewellery, vehicle hire, medical treatment, such a physio and a partner’s loss of earnings if they have to take time off.

    Future Losses

    Injuries which are serious and significant can often be life changing. This can mean that a person’s earning capacity is affected. In these cases, the claimant may be entitled to compensation for loss of future earnings. This amount varies depending on the person’s past earnings, future earning capacity, age and family situation. 

    These are some of the main factors that determine how much you are entitled to in compensation. To maximise the potential of getting the most compensation available to you, it is important to get in contact with an experienced personal injury solicitor.

    If you’ve had a workplace accident , manual handling, a fall from height, poor PPE, or a traffic road accident, a pedestrian, cyclists, or motorcyclists accident and you suffered an injury, you can make a claim. For advice as to the value of your claim please call 0114 2678780.  You can also mail Richard Meggitt at [email protected], or complete our online form today. They will meet with you face to face to gather all the information they need to get you what you deserve.

  • 21 Common Mistakes Personal Injury Clients Make

    21 Common Mistakes Personal Injury Clients Make

    Without further ado, here is a list of the 21 mistakes someone may make in their personal injury claim:

    Not seeing your solicitor in person.

    I am of the opinion that when someone is injured and thinking about making a claim the first meeting should be ‘face to face’ with a solicitor. That is true even in relatively minor cases. Dealing with an unqualified person over the telephone or through ‘form filling’ is no way start a relationship with a law firm. 

    Believing you have to use your Insurer’s Law Firm.

    Insurers often give the impression that a client has to use their recommended lawyers. This is not true! A client is free to shop around and use a local firm. An insurer’s law firm may not be the best option, your claim may not be dealt with by a qualified person, they are unlikely to be local and the volume of cases they deal with can be very high. They may still charge you more than a local firm.

    Thinking your question might be stupid so not asking it.

    Some adverts suggest that making a personal injury claim is easy, so you might feel you can’t ask a question. Do not think like this. This is your claim and you have a right to know what is going on. It isn’t your day job to understand this area of law. Ask, ask, ask. I bet your lawyer couldn’t do your job. Personal injury law is really complicated. Frequently my experienced team of solicitors will disagree on a point – which proves that there aren’t always black and white answers to questions. So feel free to ask your lawyer.

    Assuming a compensation claim will be easy.

    I never tell my clients this because it rarely is all that easy. Sure, some claims, particularly road accidents can be fairly straight-forward, but most claims have their complexity. And I never think that bringing a claim against an employer [link to Accidents at Work] is easy. It is something that you need to think about carefully. You never know, when you bring a claim, whether you will need to go to court to give evidence as a lawyer cannot know how the other side will approach your claim. Discuss the advantages and potential disadvantages of bringing a claim.

    Failing to keep key evidence.

    In the immediate aftermath of an accident, clients are understandably preoccupied with their injuries.  However, once you have ensured your safety, the next thought should be to preserve as much evidence as possible.  For example, if you have a mobile phone with a camera, take as many photographs or videos as you can. Write everything down.  The earlier a note is written down, the more weight it will carry should it be needed for court in due course.  Make sure you obtain the contact details for any witnesses present.  It is always for a Claimant to prove his or her case and not the other way around.

    Settling your claim without obtaining medical evidence. 

    Insurers sometimes respond to a claim by offering a sum of compensation immediately. A lawyer will find it nearly impossible to value your claim without medical evidence, unless you have made a full recovery in a matter of weeks. Occasionally it might be worth accepting such an offer, but I would approach any offer with a healthy dose of scepticism.

    Choosing to rely on a GP’s medical report only.

    I have lost count of the number of times the prognosis of a GP expert witness has been wrong. What does GP stand for? General Practitioner. I have had clients with injuries which I know the GP has misdiagnosed, and I have said to my clients that they should demand of their GP that they are referred to a consultant. In most cases I will instruct an orthopaedic surgeon for orthopaedic injuries rather than a GP.

    Assuming that all law firms are the same.

    Many people injured in a road accident use the law firm allocated to them by their insurance company, without questioning whether this law firm is any good. Shop around, use the internet, ask yourself a few questions:

    • Is this law firm near you?
    • Can you meet your solicitor ‘face to face’?
    • Do you trust them?
    • Not just that, ask the person handling your case some questions too:
    • Are they a qualified solicitor?
    • How many clients do they have at any one time? I know of a firm where the paralegals (case handlers who are not even qualified) have up to 500 road traffic accident clients at the same time!

    It’s your case – so choose your own lawyer. Many clients feel that they cannot change law firms, but it may be the best option, particularly if your injuries are serious [link to Serious Injury].  

    Assuming all lawyers are equally skilled and experienced.

    We are not! I wouldn’t dream of advising on a house purchase, but I can count on one hand the number of times a client has asked me whether I have dealt with a claim like theirs before. Make sure your lawyer knows his or her stuff. Personal injury claims are hugely important, so don’t trust a novice with your case.

    Settling your claim too soon.

    I hate it when this happens. My best advice is, if you can, only settle your case when you have made a full physical and psychological recovery. Of course, some injuries are permanent, but if this is the case, make sure that the medical evidence is final. Why is early settlement a problem? Well, say for example, a medical expert states you are likely to make a full recovery in one year, and you settle your claim before that year is up. You are still injured – your injuries might continue beyond the expert’s prediction. If you do continue to suffer, then the chances are you have settled your injury claim for less than it is worth. Once settled, you cannot go back for more, except in rare circumstances.

    Believing you can deal direct without a lawyer.

    Often insurance companies will try and settle a claim directly with you and tell you that lawyers complicate things – that you will get a better settlement without all those legal fees. This is nonsense. I have spent my professional career bringing claims against insurers. I once had a client who was tempted to accept an insurer’s offer before medical evidence had been obtained. The offer was £5000. He instructed me, and I subsequently recovered £175,000 on his behalf.

    Failing to keep records of financial losses.

    This is a problem for every personal injury lawyer in the country! Every time you incur a cost because of your accident – or even every time a friend or relative incurs such a cost – write it down. Keep any receipts, record it on your phone, or send it to your lawyer. You should view making a personal injury claim as if you are making any type of insurance claim. Imagine – heaven forbid – that your house is broken into and your wedding ring is stolen. When making a claim on your insurance your insurer will want to see proof of purchase or ownership, and who can blame them? Even with small costs, such as parking at a hospital, physiotherapy appointments and additional take-aways because you cannot cook due to your injuries – the sums all add-up and are potentially claimable. Your lawyer should advise you on what can be claimed.

    Failing to inform the medical expert of all symptoms.

    Another bane of the personal injury lawyer’s work. If your lawyer sends you to a medical expert, and you don’t tell the doctor about all of your symptoms, it is very unlikely you be able to change the resulting report. Medical reports are crucial in personal injury claims. Reports document your injuries and your prospects of recovering from them. You cannot rely upon the doctor to ask exactly the right questions and extract all information about your injuries. Do not be afraid of doctors. If a doctor doesn’t ask you something and you think it is important, volunteer the information. If your injuries are not mentioned in a medical report, it’s unlikely that you will be compensated for them.

    Not telling your lawyer about the mental/psychological side of an injury. 

    Psychological injuries should not be underestimated;  

    · Are you losing sleep?
    · Has the accident affected you at work?  
    · Is the accident causing stress at home?  

    Psychological injuries can often be more significant than the physical.  It is nothing to be embarrassed about.  Make sure that you tell the medical experts how you are feeling.

    Assuming that your lawyer always has your case in their mind.

    If only this was true. A personal injury lawyer may have over 200 clients at any one time, depending upon how complex the claims are and how much help they have. Some unqualified paralegals have 500 claims. My recommendation is that a client should frequently engage with their lawyer, nudging the lawyer if the lawyer appears to have forgotten them. Incidentally, if you become aware that your case handler has a ridiculously high number of claims to deal with, you should look into changing to another firm of solicitors.

    Not accepting a reasonable first offer.

    My clients are often told by friends or family not to accept the opponent’s first offer. This may be correct in some circumstances, however if the offer is reasonable and fair it may be appropriate to accept it, even if it is the first offer that the insurer has made.

    Worrying that a court hearing will involve a visit to a Court.

    A civil claim, like a personal injury claim in the unlikely event that it goes to a trial, will be in front of a judge, not a jury. It’s not scary. In any event I estimate that less than 5% of claims go to trial.

    Taking legal advice from unqualified friends and family

    Everyone has an opinion about a claim, from a family member to the bloke in the pub. If you have a question, ask your solicitor. If you ask a question and can’t get a satisfactory reply, consider changing solicitors. Comparing the value of claims with other people’s awards is also a common error. Everyone’s claim is different, the value of the claim will depend on the medical evidence, you have instructed a lawyer to value your claim, leave it to your solicitor to value your claim.

    Exaggerating claims

    You may be tempted to exaggerate the extent of your injuries or inflate the value of your loss of earnings. Don’t do it! This can lead the insurers alleging fundamental dishonesty which, if proved, will lead to no compensation, a costs order against you and even a custodial sentence.

    Social Media – be careful what you post

    Many of us use twitter, Facebook, Instagram on a daily basis. Insurers routinely access our client’s social media accounts. Insurers will use this to gather information to contradict a client’s case, for example the nature and extend of the injuries. Be careful what you post as this could be very damaging to your case.

    Unclear fees

    Understand from the firm you instruct what you will have to pay if the claim fails and what you will have to pay if you win. Some personal injury firms have a fixed deduction of 25% of damages, others will deduct a premium for an insurance policy. How much is it and when does it have to be paid?

    If you would like to make a personal injury claim with experienced, specialist solicitors, contact Richard Meggitt of ASD Solicitors [link goes to a different solicitors website, is this correct] for a chat about your case. We offer free consultations in your home, at our office or on the telephone with no obligation to proceed further. Our fee structure is simple and easy to understand with no loans, interest or insurance premiums to pay.

    We have been acting for local people like you since 1984.

    If you want to make an injury claim, call us on 0114 2678780. You can also email Richard Meggitt at [email protected], or complete our online form today.

  • Drunk Driving is on the Rise in the UK

    Drunk Driving is on the Rise in the UK

    The latest government statistics thankfully show that whilst traffic in the UK is increasing, overall road casualties and fatalities are decreasing.

    However, it’s disappointing to discover that according to Gov.uk there has been a significant increase in road casualties where at least one drunk driver was involved. Whilst the current road casualties caused by drunk drivers is similar to those during the years of 2012-2014, one would have hoped that with current information and education about this issue, we would have come along way in 5 years and that the numbers would decrease year to year. Yet there has been a 7% increase in overall drunk driving casualties in 2016.

    A 7% increase may not seem like much, but this is an increase from 8,470 casualties in 2015 to 9,050 in 2016. That’s over 500 extra individuals affected by drunk drivers.

    To put it in perspective, out of the total reported road fatalities in 2016, 13% were due to a drunk driver. That’s an unacceptably high amount of people killed by reckless, irresponsible behaviour which is illegal in the first place. The victims who are not reported on, are what we call the secondary victims, those who are experiencing trauma due to witnessing their loved one be severely injured or killed in an accident.

    The government admits that the data collected is potentially an under-representation of the actual picture. Toxicology reports are only available for around 60 to 70 percent of relevant cases. The estimates in the release are only based on road accidents which are actually reported to the police, therefore it is difficult to assess the true impact of drunk driving when it comes to non-fatal cases. Aside from situations where a serious accident happens and the police are called, there are bound to be many unreported incidents when a drunk driver injures themselves, a passenger, a pedestrian or another driver.

    If you are involved with an accident where you suspect that someone involved may have been drinking, or indeed, abusing any other legal or illegal substances, we encourage you to call the police to ensure a formal report is made. As with any other road traffic personal injury claims, a claim for compensation can be made against the driver and their insurer. If in the case the driver is uninsured, a claim can be pursued with the MIB (Motor Insurance Bureau).

    If you were a passenger in such an incident, it’s possible to make a claim against the driver, although if you were aware they were drunk or encouraged them to drink drive, your compensation may be reduced because of contributory negligence.

    You may also make a personal injury claim if you classify as a secondary victim, someone who witnessed the aftermath of the accident and are suffering psychiatric injury because of it.

    If you have questions about whether you may be suitable to make a personal injury claim, we can provide free, face to face, immediate advice from one of our local qualified solicitors. Simply fill in our claims form or call 0114 267 8780 to speak with a solicitor. We have a wealth of experience with road traffic accident claims and will be able to help you proceed on a no-win no-fee basis if we think you have a case.

  • Distracted Driving

    Distracted Driving

    The facts are clear, in order to drive safely, the road needs our full attention at all times. However, distracted driving is a problem in the UK. In a survey of 11,000 drivers in St Albans, 1 in 6 were found to be engaged in a distracting activity.  Regardless of new rules and legislation, distracted driving is an issue that is going to be difficult to solve, this is partly due to drivers overestimating their performance. Drivers may ‘look but not see’ – sometimes when driving, we think we’ve checked our surroundings carefully, but haven’t actually looked long enough at all. Smartphone use while driving has been a hot topic for newspapers and magazines, but did you know that any activity that keeps your attention away from the road counts as ‘distracted driving’.

    What is distracted driving?

    – The driver was fiddling with a GPS system, handset or another form of ‘in-vehicle device’. – The driver was making a phone call, texting or posting to social media. – Evidence suggests that the more complex and loud music is, the greater the distraction to the driver. Drivers are also more prone to aggressive driving when listening to loud, upbeat music. – Eating or drinking at the wheel. This means the driver has to take at least one hand off the road. A study has suggested that drivers who eat or drink at the wheel have a decreased reaction time of 44%. [According to a Brake survey.] And drivers who eat and drink could be twice as likely to crash. – Smoking is a frequently observed distraction. Not only does lighting the cigarette take hands and eyes off the road, but if the cigarette or its ash falls onto the driver or car, the driver’s attention can be diverted almost completely. – Driver mindset accounts for their performance on the road. The driver could be distracted by other passengers or could be so familiar to a route that they ‘switch off’ and go on ‘autopilot’, meaning they pay less attention to the road.

    Consequence traps and conditioning traps. 

    Some distractions are just too tempting to ignore. A consequence trap is a distraction that we know we shouldn’t do but has an immediate reward. Such as reaching over to a flask of coffee so that we can drink it before it goes cold. A Conditioning trap is a type of distraction that we have done many times before with no problems, so think we can get away with performing this activity. For example, if our sat nav is constantly playing up but we have never gotten into a crash because of it, we falsely assume that it’s a safe activity.

    Driver negligence. 

     Drivers have a responsibility on the road. We have a duty to drive safely and responsibly. Failing to do so is negligent. If you were injured in an accident involving a distracted driver, take note of anything that could have caused the accident and make sure the police know if a driver was distracted. In road traffic accident cases, information can be gathered from CCTV evidence, eyewitnesses and phone usage. If the driver was working at the time of the accident, the company they are employed by may be liable; for example, if they insist on drivers answering their phones or using distracting technology. At ASD, we have a wealth of experience in dealing with road traffic accident personal injury claims. Take a look at our road traffic accident advice centre. If you would like to speak to a solicitor face to face on a no win no fee basis, then fill in our claims form and we can arrange an immediate home visit.

  • Support and Rehabilitation After a Personal Injury

    Support and Rehabilitation After a Personal Injury

    When you have a personal injury, you may need treatment, rehabilitation and support quickly. As part of your claim, the costs of treatment, care, or home adaptations/aids can be covered. We will, where possible secure an interim payment to help you access the services that you need.

    Depending on the severity of the injuries, rehabilitation can take form as either direct and early treatment or can include an ‘immediate needs assessment’ followed by appropriate case management and occupational therapy. These will be provided by a qualified rehabilitation professional such as a physiotherapist.

    We have relationships with a variety of rehabilitation support providers for those who have been involved in a personal injury claim.

    Triage – A carefully selected healthcare professional will carry out an initial triage. This will usually be a telephone appointment. Then, depending on the severity of the injury, appropriate treatment will be arranged.

    Treatment – Once the right provider has been identified we will ensure that funding is put in place to get treatment started promptly. The first appointment will be an assessment to decide how many sessions are needed and what the frequency should be. Acute pain is usually successfully relieved within the first few weeks or months after the accident.

    If the injuries you’ve sustained are severe, then it may be the case that you need a healthcare practitioner to visit you at home.

    Immediate needs assessment – An immediate needs assessment report outlines the injured person’s ability to function and what treatment should be administered, along with what home aids or adaptations may be needed. The report will give a breakdown of costs for aids and treatment. When we receive this report, we seek to agree funding from the defendant insurer so that these can be put in place quickly.

    Case management – Complex injuries and catastrophic cases require specialist knowledge and expertise. It may be suggested within the immediate needs assessment report, that on-going case management should be provided. Case management will include establishing care and support services – whether that be for a few hours a day or full 24 hour a daycare. The case manager will seek to liaise with the injured persons NHS medics and GP, or will source funding for treatment to be carried out on a private basis, or a combination of the two. There are also a number of voluntary organisations and schemes that can give you support if you have been injured, or your partner, friend or relative had been injured or killed.

    • Centre of Corporate Accountability and the Work-related Death Advice Service – This is a free and independent advice service for families and friends bereaved as a result of a work-related death.
    • Roadpeace – Provide emotional and practical support to anyone bereaved or injured in a road crash. They also promote public awareness of road dangers, and campaigns for justice for victims.
    • Child Brain Injury Trust –  The Child Brain Injury Trust provides advice and support for anyone affected by childhood acquired brain injury, their families and carers. It provides a national helpline.
    • Disabled Living Foundation – The Disabled Living Foundation gives advice and information about equipment available for people with disabilities.
    • Headway –  Headway supports people with brain injuries and their carers.
    • Mind – MIND promotes the interests of people suffering from mental illness or distress and provides advice and advocacy services.

    If you’ve had a workplace accident , manual handling, a fall from height, poor PPE you can contact us and we will help. To speak to us about the support and rehabilitation offered, please call 0114 2678780.  You can also mail Richard Meggitt at [email protected], or complete our online form today.