Road Traffic Accident

Insurers set their insurance premiums taking in to account risk. If a driver lies to the insurance company, the cover is invalid but thankfully that does not stop injured victims from making a claim.

Fatal road accidents happen every day. You never think it is going to happen to your loved one. If it does, not only is it devastating to lose someone you love, but the legal processes which then occur can be bewildering. At this time, you need a friendly and sympathetic ear that can listen to you as well as explain in clear terms what these legal processes are.

Smart Motorways have been in the news a lot recently and are quite controversial. Smart Motorways are said to be “smart” because a combination of CCTV cameras and lane indicators on gantries enable the managers of the motorway to shut a lane by putting a large red X above that lane. So far so good, but what happens if a car breaks down on a motorway and there is no hard shoulder?

Assuming the rider is riding a privately owned scooter then it is unlikely, though not impossible, that they will have insurance, and so they might not be too keen to hang around and give their details. It is an offence not to give details to the scene to anyone who reasonably asks – which is a fact worth knowing if you are involved in such an accident or witness one.

Post Traumatic Amnesia (PTA) is where after a head injury, the patient suffers with a period of confusion, disorientation and memory loss until the return of continuous memory. This state can last for a few moments, a few minutes or days and weeks.

When the claim was submitted, the Defendant’s insurance company refused to settle the claim as they argued that the driver was not at fault for the accident. They argued a rarely seen legal defence known as “automatism.” This arises where a person experiences a total loss of control through no fault of their own.

Discover more about how Levenes Personal Injury Solicitors are helping spinal cord injury clients and their experience with Levenes.

Tim Beasley, Head of Catastrophic Injury at Levenes can often be seen out on his bike and motorists behind him can sometimes be heard to sound their horns at their frustration of being behind him. This is not because Tim is slow – although he is – it is because he always rides well clear of what is known as the “door zone”.

Our work did not end once liability was established, in fact it was just beginning as the Claimant was recommended rehabilitative therapy before obtaining further expert evidence to comment on the impact of her brain injury on her future life and the support she would need to support her. With liability accepted, we were able to obtain interim payments to arrange rehabilitation immediately. It was essential to get the right case management company and case manager involved as brain injury, especially for a child, required the right expertise and team of therapists.