Road traffic accidents

The following are examples:

 

• Pedestrian crossing the road. If knocked down at lights, on a crossing or other place where they should have been visible to oncoming traffic there will usually be at least some fault on the part of the vehicle user.

 

• Car Passenger. There will almost always be a claim here as accidents are invariably caused by someone’s negligence but the passenger will have been an innocent party.

 

• Bus Passenger. Bus drivers owe a duty to protect their passengers, especially the elderly and infirm, from avoidable injury. Accidents often occur when passengers are thrown around in a bus that is driven away from a bus stop before they are seated or otherwise driven too fast or erratically. In these cases it is very important to note details of witnesses, and the bus number, driver and operator.

 

• Rear end shunt. These are common cases where one vehicle fails to brake and collides with the back of the vehicle in front. Almost always liability will rest with the driver of the vehicle behind.

 

• Motorbike and bicycle accidents. Bike riders, whether motorised or pedalling, are generally vulnerable to the carelessness of other vehicle users and particularly so to vehicles turning at junctions. We have a great deal of experience running such cases, which are usually successful.

 

 

In most cases there will be an insurer covering the other party. If not, there is an organisation called the Motor Insurers Bureau who may meet the claim. It is often unknown initially whether or not the other party is insured and because the MIB have very strict time limits it is very important that the following steps are taken after any accident:

• Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.

• Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)

• Take details of any other party and any witnesses.

• Contact your own insurers, if relevant

 

 

 

 

ROAD ACCIDENTS - SOME FACTS

The UK has a relatively good road safety record. Even so, in 2005 there were 271,000 road accident casualties, 31,000 of which involved death or serious injury.The Royal Society for the Prevention of Accidents (Rospa) estimates that 95% of all road accidents involve human error.

One example of human error causing accidents is the use of a mobile phone whilst driving – according to the Royal Society for the Prevention of Accidents the use of a mobile phone whilst driving can reduce reaction times by up to 50%.
Using a mobile whilst driving was made a criminal offence in 2003 (initially a £30 fixed penalty).



LONDON ROAD ACCIDENTS

Some more facts: London accounts for 13% of road traffic accidents in the UK, about 30,000 road traffic casualties a year, costing a total of £1.4 bn

Cheaper car insurance madam?

Three quarters of drivers involved in road accidents in London are men; the majority of those are young men.

Injured?

50% of London road accident hospital admissions are for fractures; head and facial injuries account for 25%

Osbornes Injury Lawyers are based in Camden in North London.

We will arrange home visits across London to visit clients in appropriate cases.

We can attend and inspect accident sites, where necessary

Our office is conveniently located 5 minutes walk from Camden Town underground station on the Northern Line.

We have wheelchair access for disabled and injured clients

We deal on a daily basis with London’s many treating hospitals, doctors surgeries, police stations and medical experts

We have the local expert knowledge to run London accident claims quickly and efficiently

If you have been involved in a road accident

• Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.
• Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)
• Take details of any other party and any witnesses.
• Contact your own insurers, if relevant.
• Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice

WHIPLASH CLAIMS

What is whiplash?

Whiplash is a term that describes a soft tissue injury to the spine from stretching and straining when the body is thrown forward and back in a sudden, jerking movement. The injury most commonly occurs in car crashes involving sudden deceleration.
A typical example is a rear end shunt accident where the impact of the vehicle behind causes the occupants of the vehicle in front to be thrown forward.

 

Symptoms and treatment?

The most common complaints are pain and stiffness in the neck and back, and headaches. These symptoms appear within the first couple of days after the accident and often pass after a few days or or more usually a few weeks. Sometimes, especially where the injured person has a pre-existing vulnerability, the whiplash symptoms can persist, and in rare cases can become chronic (‘whiplash syndome’).
Treatment includes pain relief, rest and physiotherapy.

At Osbornes Personal Injury Lawyers we will arrange for you to be seen by a medical expert for a report on your injuries. We will investigate with you what treatment you may need and will invite the insurers to participate in rehabilitation, funding physiotherapy for you where required.

If you have suffered a whiplash injury

• Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.
• Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)

 

• Take details of any other party and any witnesses.
• Contact your own insurers, if relevant.
• Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice

ROAD ACCIDENTS INVOLVING CHILDREN

 

Around 5000 children are killed or seriously injured on Britain’s roads every year (AA). One third of all cycling casualties, and a quarter of cycling fatalities, are children.

The figures have declined in recent years, thanks in large part to the work of safety campaign groups suchas Brake, Rospa, and APIL, and resulting government policy.

In 2006 the Government announced a new cycling proficiency test for children, to be trialled by 3000 kids before national roll out.

Also In 2006 a new law came into force requiring children under the age of 12, and being less than 4 foot 5 inches tall, to use correct child restraints whilst travelling in a vehicle. The Government estimated this would prevent 2000 deaths and injuries a year.

The law recognises that children can be expected to be less careful than adults, and claims involving children are often successful even where it may appear that the child was at fault. The claim will be brought on the child’s behalf by a parent or guardian.

A personal injury claim can be brought by a child any time up to 3 years from their 18th birthday, but in practice a lawyer should consulted as soon after the accident as possible, so that evidence can be obtained and preserved.

If your child has been involved in a road accident

Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.
Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)
Take details of any other party and any witnesses.

Contact your own insurers, if relevant.
Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice.

CYCLING ACCIDENTS

Every year in this country over 15,000 cyclists are injured in reported road accidents (17% of all hospitalised road traffic casualties); more than 2,300 of whom are killed or seriously injured.

But according to Rospa, between 60 and 90% of cyclist casualties are not reported. This is despite the fact that the vast majority of accidents involving cyclists will have been caused by the negligence of another road user.

Cycling and head injuries

Around three quarters of cycling fatalities involve major head injuries. More than half of all cyclist casualties involve head injuries.

Partner Stuart Kightley and Associate Partner Sophie Davies specialise in head injury claims.

Cycling in London

Cycling can be a risky business, especially in London. It is no coincidence that cyclists in London are more likely to wear a cycle helmet than elsewhere in the UK.

Is London cycling good for your health? Does a cycling helmet make you safer? Osbornes Personal Injury Lawyers Partner Stuart Kightley cycles to work in Camden every day. Read his recent article about London cycling here [link].

The London Cycling Campaign http://www.lcc.org.uk/ is a voluntary organisation that campaigns for and promotes safe cycling in London.


Cycling accident prevention

The government is not keen on making high visibility clothing compulsory for cyclists (ministerial announcement in 2003) on grounds that there is insufficient public acceptance and because it may discourage cycling. Similarly, there appears to be no appetite for legislation to make cycle helmets compulsory.

Instead we can expect to see more promotion of

Cycle Route Networks
Traffic Calming Schemes
Improved Driver Awareness and Training
Cyclist Training eg Bikesafe skills days

If you have been involved in a cycle accident

• Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.
• Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)
• Take details of any other party and any witnesses.
• Contact your own insurers, if relevant.
• Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice

MOTORCYCLING ACCIDENTS

Motorcycling accident statistics buck the trend of improved road safety. According to Transport for London’s latest figures the incidence of death or serious injury to bikers is on the increase.

TfL’s figures show that 20% of all crashes in Greater London involve injury to motorcyclists, twice the national average.

Nationally, in 2004 a total of 585 motorcyclists were killed in road accidents, almost 20% of the total number.

The relatively high speed, low visibility and lack of driver protection mean that motor cyclists are more likely to suffer serious injuries in a road accident. Serious orthopaedic injuries are common.
In a collision a motorcyclist is 46 times more likely to be killed than a car user.

If you have been involved in a motorcycle accident

• Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.
• Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)
• Take details of any other party and any witnesses.
• Contact your own insurers, if relevant.
• Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice

‘HIT AND RUN’ AND UNINSURED CLAIMS

 

Insurance is compulsory for nearly all motorised road vehicles. Most road accident claims are therefore directed to a motor insurer and they pay the compensation and costs in the successful cases.

 

If the accident was a hit and run or if the other party was not insured then the case can still proceed but it will be dealt with by the Motor Insurers Bureau (MIB) rather than an insurance company.

Uninsured cases are run like any other personal injury claim but the MIB has a separate scheme for Hit and Run cases. Under this scheme court proceedings are not allowed and there are special rules governing eligibility, procedure and costs.
Please contact Osbornes Personal Injury Lawyers for specific advice on the MIB Hit and Run scheme.

If you have been involved in a Hit and Run or Uninsured Driver accident

• If uninsured, take down the details of the other party at the scene, including name, address, telephone and vehicle registration number.
• Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)
• Take details of any other party and any witnesses.
• Contact your own insurers, if relevant.
• Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice

  
  Where do I start?
  
  Contact Wendy Wright on 020 7681 8671or by e-mail to wendywright@osbornes.net. Or Stuart Kightley on 020 7681 8672 or by e-mail to stuartkightley@osbornes.net We will then discuss the case with you over the phone and if you have a claim we will arrange a free initial interview either here or at your home