Steps to Take if You Are Injured in a Road Traffic Accident
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by Chris Macwilliam, Partner & Head of Litigation, Clough & Willis Solicitors
Motorcycle riders are among the most vulnerable road users and, when accidents occur, the results can be severe. When you are involved in an accident, there are several procedures you should follow in the immediate aftermath to maximise your chances at recovery. If the accident was not your fault, you may also be entitled to compensation that can not only account for your pain and suffering, but act to minimise any financial losses.
Compensation can help to make your recovery more comfortable, account for the costs of any damaged equipment and ensure you receive the best available treatment. Here, the team at Clough & Willis Solicitors explains the steps you should take if you have been injured in a road traffic accident to support your recovery and give yourself the best chance of securing compensation.
Seek medical attention
The first step you should take following a road traffic accident is to seek medical attention. Naturally, you should seek emergency care if you have been seriously injured, but this is important even if you do not feel that you have been injured, especially if you were riding a motorbike. Some injuries are hard to detect immediately but can have serious lasting consequences that emerge later, and motorcycle riders are particularly vulnerable to these types of injuries. A doctor will know what to look out for in terms of symptoms based on the nature of your accident, and may be able to diagnose and treat conditions that you would otherwise have been unaware of.
The other important reason to consult a medical professional is that your medical records can be used as evidence. Your doctor will make notes about any conditions or injuries they find, and this can be used to show a clear link between your accident and any symptoms that later arise. This can form a fundamental piece of evidence to support a claim, if you decide to pursue compensation for your injuries.
Collect evidence
If you are able, you should collect evidence at the scene of the accident. This usually includes the contact details of any eyewitnesses who saw the accident take place, but may also mean taking photographs and writing down any details you can remember, which can support your account later.
You should take photographs of any elements that may have contributed to the accident (such as evidence of potholes or other poor road conditions) and any vehicles involved. If the accident was not your fault, you may be able to secure compensation not only for your injuries, but also for damage to your vehicle or equipment. As such, you should also document this damage and, if you can, find photographs of your belongings before the accident, which can help to show that the accident was the cause of the damage in question.
This step applies to all road traffic accidents, not only those involving other vehicles. For example, if you are injured when your motorcycle collides with a pothole, you may still be entitled to make a claim. This is because local authorities are responsible for maintaining roads in UK towns and cities, and must ensure that conditions are as safe as possible. Generally, the only preconditions you must meet to make a claim are that you have been injured, and that someone else was responsible for your accident.
The final type of evidence you should gather is receipts for any expenses related to your accident. This includes if you need to pay for private healthcare, any travel arrangements to and from medical appointments, and any lost earnings if you are forced to take time off from work to recover from your injury. With these receipts, you may be able to claim back these costs when making a compensation claim.
Speak to a solicitor Once you have collected as much evidence as you can, speak to an expert personal injury solicitor. They will be able to advise you on whether or not you can claim, and help you to build your case - for example, by collecting witness statements or arranging for independent medical examinations. Where necessary, they can even advise you and help you to secure the best possible treatment for your injury. In most cases, any costs for private medical treatment can be included in your compensation claim, along with any expenses associated with travelling to and from appointments.
A road traffic accident solicitor can begin the process of filing a claim on your behalf. There are strict deadlines associated with personal injury claims - any claims must be initiated within three years of the date of the accident, or they will usually be unable to proceed. If you have been injured in an accident and are unsure what to do, speak to a solicitor today to find out what your next steps should be.
Article by Chris Macwilliam, Partner & Head of Litigation, Clough & Willis Solicitors