A guide to road traffic accident cases

• Pedestrians 

Pedestrians must be given the right of way by motorists. If you are hit by a car you should generally obtain compensation unless you walked straight into its path.

It is important that you report the accident to the police and seek medical attention. You should also obtain legal advice as quickly as possible as your solicitor will need to obtain the police report and speak to any witnesses as part of any investigation.

• Motorcyclists

Motorcycles represent approximately 1% of the traffic on UK roads but they account for 18% of all deaths and serious injuries. Motorcyclists are vulnerable drivers and a collision often leads to very serious injuries.

A claim would be made against the other driver or perhaps a landowner if a road in poor condition caused the accident.

• Passengers

You may have been a passenger on public transport, in a taxi or in a private vehicle such as a car, van, bus or coach.

• Drivers

If you were the driver of a car involved in a collision, your claim would be against the other driver.

• Cyclists

Cycling can be good fun, great exercise and an enjoyable leisure activity. However cyclists are very vulnerable on the road and have little protection if they are involved in any type of collision.

You should always seek medical attention after a cycling accident and if you have hit your head, you should speak to a solicitor who specialises in head and brain injuries.

To make a successful claim for compensation it has to be proven that someone else was to blame for your accident and your injuries.

If you have been injured by another driver running into the back of your vehicle, responsibility will generally be admitted by the other driver’s insurance company. However, in other circumstances details of independent witnesses to the accident and photographs of where the accident happened are crucial.

If you don’t have this information, do not delay contacting us as we may be able to help get that information for you.

In the UK, there is a standard time limit of three years from the date of an accident in which court proceedings must be issued in court otherwise it is unlikely that a court will hear your case. It is always best to seek legal advice as soon as possible so that a solicitor can thoroughly prepare your claim and, where appropriate, apply for interim payments to help ease the financial strain during your treatment or if you are unable to work.

Some exceptions to the time limit do exist, and special rules apply for children or adults who lack legal capacity, but it is always best to take legal advice as soon as possible.

If you have been injured by someone who was uninsured, or who left the scene of the accident without stopping and giving their details, there are still ways we can help you.

The Motor Insurance Bureau (MIB) is an organisation that helps members of the public who have been affected by uninsured or untraced drivers.

We can contact the MIB on your behalf but, again, such accidents need to be reported within time limits so you should contact us as soon as possible.

The circumstances of road accidents are often similar, but the effects on the individual differ from person to person. This makes every compensation claim unique.

Compensation is awarded for pain, suffering and the inability to do things you could do before your accident and for any financial losses in the past or future.

We will obtain expert medical reports on your injuries if necessary and will claim for all your losses and expenses, including: loss of earnings now and in the future, the ongoing costs of your care and assistance such as DIY, shopping, gardening etc. (including any unpaid help provided by your family or friends) and the costs of treatment and rehabilitation.

You may be entitled to state benefits, such as employment and support allowance (ESAC).

Whilst these claims are made separately to your claim for compensation, Thompsons can provide advice, or you can contact your local Department for Work and Pensions (DWP) office.