13th January 2021
The winter months provide some hazardous driving conditions as motorists contend with ice, snow, heavy rain, and low sun.
Being involved in an accident that is not your fault can be extremely stressful and have a significant impact on your life. However, when poor driving conditions play a part in an accident, it can make bringing a claim very difficult.
Our Personal Injury team at Lamb Brooks look at some of the critical issues surrounding road traffic accidents in bad weather and offer some tips for safe winter driving.
Claims can be brought for injuries sustained as a result of a road traffic accident, whether you were the driver, a passenger or a pedestrian. A claim can be made when another party was at fault or at least partly to blame for the accident.
There are strict time restrictions on personal injury claims (3 years for an adult and 3 years from the date of your 18th birthday if you are a child) and the process can be quite lengthy, so it is worth seeking legal advice as soon as possible to avoid missing deadlines.
Poor weather can make ascertaining fault more difficult. Unfortunately, even the most careful drivers, can find themselves losing control at the wheel if the driving conditions are extremely hazardous. But there are a few factors that will mean that a personal injury claim for compensation is still viable.
Good motorists know that they should adapt their driving to suit the weather conditions. For example, allowing extra braking distance, slowing your speed down or using fog lights when required. When other motorists have failed to take extra precautions and thus caused an accident, they may be liable.
Councils are legally obligated to keep the roads safe. If they fail in this responsibility and you have an accident as a result, then you could bring a claim against them for your pain and suffering. However, highway authorities only have a duty to take ‘reasonable steps’ so you may find that there are some circumstances where they are not liable, for example damages to roads that have not been reported.
If you have been injured in a road traffic accident which was not your fault, then you may wish to explore making a claim for compensation. This claim is separate from your insurance to recover damage to your vehicle and will compensate you for your pain, suffering, medical treatment, loss of earnings and any long-term care or treatment that you require as a result of your injuries.
As stated in this article, accidents that are attributed in some way to poor weather can be trickier to pursue, so it is worthwhile seeking advice from an experienced Personal Injury lawyer.
Lamb Brooks take on a variety of road traffic accident claims on a ‘No Win, No Fee’ basis.
For more information, an idea of compensation levels or to see if you have a claim please call our Personal Injury department, who have a collective experience of over 100 years in dealing with such matters. Call the office on 01256 844888, email firstname.lastname@example.org or speak to one of our Live Chat Assistance via the website at any time of day.
What To Do If You Are In A Road Traffic Accident
6 Signs That You May Have a Compensation Claim
What’s The Time Limit For Making a Personal Injury Claim?
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
Lamb Brooks LLP
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