How To Claim For A Car Accident On A Bend In The Road
By Cat Way. Last Updated 24th July 2023. If you’ve suffered an injury in a car accident on a bend in the road, you may be interested in starting a personal injury claim for car accident compensation. To be able to do so, you must be able to prove that your injuries were caused by another road user breaching their duty of care.
In this guide, we will discuss in more depth the duty of care road users owe one another, and the eligibility criteria you must meet to be able to make a personal injury claim.
Following this, we’ll explore compensation in car accident claims. There are generally two different kinds of compensation that you can pursue following a car accident; we’ll explain these, along with the different kinds of evidence that you can use to support your claim.
Finally, our guide will explain how working with a solicitor could benefit your claim, and how one of our solicitors could help you. To receive free advice for your potential road traffic accident claim, contact one of our advisors today:
Select a Section:
- When Could I Claim For An Accident Caused By A Bend In The Road?
- What Evidence Do I Need To Prove A Car Accident Claim?
- How Could An Accident Occur On A Bend In The Road?
- How Much Compensation Could I Receive For A Car Accident Claim?
- No Win No Fee Road Traffic Accident Claims
- Helpful Resources
Sometimes, driving around a sharp bend in the road can be dangerous. Bends can come with blind spots, and the angle of some can result in drivers losing control due to adverse weather or speeding.
However, to be eligible to make a personal injury claim, you will need to prove that another road user breached their duty of care, and that this breach is what caused your injury.
Road users owe each other a duty of care, and must follow the rules and regulations set out by the Road Traffic Act 1988 and the Highway Code. Per their duty of care, they must navigate the roads in a way that avoids causing harm to themselves and others.
If another driver fails to fulfil this duty of care, and you are injured as a result, you may be eligible to make a personal injury claim.
To find out if you could be eligible to make a road traffic accident claim for an accident on a bend in the road, contact our team today.
If you have been injured in an accident on a bend in the road there are a number of things you can do to help with your compensation claim such as:
- Photos – If you can, take photos of the scene of the accident, the damage to the car, condition of the road etc. Also, take photos of your injuries as visual proof of the pain and suffering you have endured due to the accident.
- Witnesses – Witness statements are really good for strengthening your case, so if there are any witnesses, get their details so they can be contacted for a statement.
- Proof of expenses – Keep a record of all the expenses you have had due to the accident such as prescription fees, treatment costs, travel costs etc.
- Medical report – Make sure you see a Doctor, firstly for the sake of your health, but also because a medical report will be made about your injuries, suggested treatment and recovery period. This is important when determining the amount awarded.
- Write it down – Write down anything you remember about the accident and the circumstances around the time of the accident. These details may be taken into consideration by the court when deciding on your claim.
- Report to the Police – All road traffic accidents should be reported. If you can, obtain a copy of the Police report.
There are of course a number of reasons accidents occur whilst travelling around a bend in the road. The most common reasons are:
- When drivers travel around a bend and hit into the back of a stationary vehicle that is in a queue of traffic – drivers should anticipate possible problems like this and slow down when approaching a bend just in case there is such a problem that can’t be seen on a blind bend.
- When drivers pull out of a side road on a bend – this is because there often isn’t a clear view of oncoming traffic particularly on blind bends and so unfortunately there is a chance of hitting oncoming traffic, extra caution needs to be taken. Oncoming traffic needs to take notice of road signs so that they too can be cautious if they know there is a turning on a bend in the road.
- When drivers that unintentionally or sometimes intentionally drive onto the other side of the road into oncoming traffic that are also driving round the bend – this can often be because of the speed they are going when they go round the bend which can cause them to lose control if they take it too fast, or when they recklessly overtake on a blind bend. Although both circumstances, in this case, are completely preventable, it’s still one of the most common reasons.
There are two kinds of compensation that you could pursue following a car accident on a bend in the road. The first head of claim, general damages, is awarded to every successful claimant and addresses your injuries. This includes both physical and mental injuries.
Oftentimes, solicitors and other legal professionals will refer to the Judicial College Guidelines (JCG) when valuing this head of claim. The JCG offers guideline settlement brackets for a number of different injuries at varying severies. You can find some examples of the figures in the 16th edition of the JCG in the table below. Please note that they are guidelines only and not guarantees of what you could receive.
Injury Description Amount
Back Minor - (iii) completely recovery will have been made within 3 months Up to £2,300
Back Minor (i) - Full recovery without surgery in 2 to 5 years. Higher amounts tend to be paid if some discomfort remains £7,410 to £11,730
Back Severe (iii) - fractures or lesions sustained to the discs or soft tissues - residual discomfort and/or disability £36,390 to £65,440
Neck Minor - (iii) full recovery will have taken place within a 3 month time frame Up to £2,300
Neck Severe - (iii) fractures, dislocations, extreme damage to soft tissue and tendons that can lead to permanent disability £42,680 to £52,540
Shoulder Minor - clavicle fracture, with amount toward the higher end of the bracket being awarded to those with more severe breaks £4,830 to £11,490
Shoulder Moderate - limitation of movement due to frozen shoulder for about two years £7,410 to £11,980
Leg Less serious - (ii) simple femur fracture £8,550 to £13,210
Leg Loss of both legs £225,960 to £264,650
Head Minor - brain damage will have been minimal, if it were even present at all £2,070 to £11,980
1+ Whiplash Injuries Symptoms last 18-24 months £4,215
1+ Whiplash Injuries & 1+ Psychological Injuries Symptoms last 18-24 months £4,345
The second head of claim is known as special damages. This aims to compensate you for the financial losses you experienced due to your injuries. For example, if you were paralysed in a car accident, you may not be able to go back to work. In this case, you could claim back current and future lost earnings through special damages.
Special damages can also help cover the cost of:
- Over-the-counter medications.
- Help with cooking or cleaning.
- Home adjustments.
- Mobility aids.
However, to claim under this heading, you must be able to prove your losses. Because of this, it can be helpful to keep any relevant receipts or invoices you receive for costs related to your injuries.
To learn more about claiming compensation for an accident on a bend in a road, contact our team of advisors today.
Will The Whiplash Reforms Affect My Claim?
The way some road traffic claims are made in England and Wales changed on May 31st 2021, with the introduction of the Whiplash Reform Programme. Now, if you are a driver or passenger of a vehicle aged eighteen or over with injuries valued at £5,000 or less, your claim is made in a different way.
Per the reforms, your whiplash injuries will be valued in line with the tariffs set out by the Whiplash Injury Regulations 2021. These are fixed amounts. Any additional injuries that are not covered by this tariff will be valued traditionally.
It’s important to ensure your claim has been properly evaluated in order to know how to make your claim. To learn how one of our solicitors could help you with this, contact our team of advisors today.
If you are eligible to make a claim for a car accident on a bend in the road, one of our No Win No Fee solicitors may be able to help. By offering their services through a Conditional Fee Agreement (CFA), you can work with one of our solicitors without paying any upfront or ongoing service fees. Similarly, if your claim fails, your solicitor won’t ask for a payment for the work they have provided on your case.
However, if your car accident compensation claim succeeds, your solicitor will take a success fee. This is deducted directly from your compensation award as a small, legally-capped percentage. The legislative cap is in place to help ensure that you keep the most of what you receive.
Working with a solicitor on your claim can come with many benefits. For example, a solicitor can fully evaluate your claim and help you identify whether it will be affected by the whiplash reforms. Similarly, solicitors are trained to help collect useful, relevant evidence which can help support your case.
Our advisors are here to help. When you get in touch, an advisor from our team can offer a free consultation and evaluation of your claim, following which they can answer any queries you may have surrounding the claims process and potentially connect you with a solicitor. To get started:
- Think Campaign: Here you will find the government’s ‘Think’ campaign.
- Highway Code: This leads to The Highway Code so you can refresh your knowledge of the rules of using the road.
- Country lane driving government advice: This link leads to a government site that is about driving on country lanes.
Or, for more helpful guides:
- Our guide to calculating how much compensation for whiplash you might claim.
- Helpful information on proving a whiplash injury and the evidence you’ll need to clean.
- Read this guide on taxi accident claims to find out how much compensation you could potentially receive.
Thank you for reading our guide on claiming for a car accident on a bend in the road.
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