Accidents on the Road - Car Accident Claims & Legal Advice
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In legal terms, a claim founded on negligence
needs a number of requirements to be satisfied. Firstly, a "duty of
care" needs to be owed. Secondly, there has to be in breach of that
duty. And thirdly, the breach of duty must have caused consequential
Applied to road traffic accident claims, it is seldom difficult to prove that the duty of care was owed. Quite clearly, drivers have a clear responsibility for the safety not just of themselves but also for other road users and pedestrians.
As for the breach of duty, the parties will often disagree as to who was to blame for their accident, and to escape liability the defendant will have to establish that he or she was driving safely. Finally, the person bringing the claim must establish that the accident actually caused the injury. Sometimes in whiplash claims, the defendants are able to prove that the true medical origins of the injury were constitutional factors, rather than the accident in question.
The most common type of road traffic accident claim is that involving motor vehicles. These tend to be of three main types. The first type of accident is that occurring between two separate motor vehicles travelling in different directions. The second type is where of accident is where the passenger in a vehicle suffers injuries due to the negligence of their own driver. Finally, perhaps most common type of vehicle accident case is where a stationary car is shunted from behind by another vehicle.
In many back injury claims and back injury compensation cases arising from an RTA, cases brought by the passenger against the driver, it is not uncommon for the driver and passenger to be members of the same family. Because of this, one can sometimes have the strange situation where a wife takes legal action against her husband, or vice versa.
In addition to the above, many road traffic accident claims involve pedestrians, and very often children. There have been a number of decided cases over the years where the court has considered the appropriate age at which children might be reasonably expected to take some responsibility. In cases where a child darts across the road without warning, generally speaking the younger the child the more the court will tend to emphasise the speed of the driver.