Compensation Claims for Car Passengers Injured in Road Traffic Accidents
Car Passenger Claim Advice
Road traffic accidents are the most common type of personal injury compensation claim, and many of those involve passengers in the vehicle. A road traffic accident where someone is injured is a distressing experience for all involved, but especially so if a child is injured. In some tragic cases of course, someone dies and this is particularly traumatic.
- Car Passenger Compensation Claims
- Car Passenger Accident Statistics
- Who Is Responsible For Car Passenger Safety?
- What To Do If You Are A Passenger Involved In An RTA
- Compensation For Your Road Traffic Accident Injuries
- Road Traffic Accidents That We Have Dealt With
- Useful Car Passenger and Road Traffic Accident Websites
- Compensation Claims for Car Passengers
Car Passenger Compensation Claims
Where someone else was to blame for your accident, we at Clear Answers can offer advice to any passenger injured in an RTA. We will provide sympathetic and comprehensive advice because we specialise in road traffic accident compensation claims.
Clear Answers Solicitors operate on a cost free basis. Whether you win or lose, you will not pay a penny. You will keep 100% of any compensation awarded to you, if your claim is successful. Your legal costs are paid by the person who caused the accident.
If you are one of the unlucky individuals who have been involved in a road traffic accident as a passenger, you need expert, experienced legal advice to ensure you receive the compensation to which you are entitled. Even if your injury is the result of the actions of a partner, friend or relative, you should still pursue a valid claim, as the compensation due to you would be paid by their insurer.
If you or a family member has been injured as a passenger in a road traffic accident, Clear Answers' personal injury solicitors have the right experience in all types of road traffic accidents, particularly those involving passengers. Call us now on 0800 783 9019 and speak to one of our advisors, who will be able to give you expert advice on whether or not you have a claim. Alternatively fill out one of our online compensation claim forms and someone will contact you as soon as possible.
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Car Passenger Accident Statistics
According to the annual Transport Statistics Bulletin published by the Department for Transport:
- There were over a quarter of a million people killed or injured on our roads in 2006
- 171,000 of those injured involved car users
- With over 55,000 of these involving passengers in cars
- The majority of these passenger accidents involved those travelling in the front of the car.
- Following a slight increase in 1997, the number of injuries and deaths on the road has declined year on year over the last 10 years
- In the ten years since 1997, the number of car occupants killed has fallen by around 11%.
Whilst the design of cars, road surfaces and other factors are all likely to have played a part in this reduction, the use of seat belts is thought to have been a major factor in this improvement. A study carried out in 2002 and reported in the British Medical Journal, suggested that the use of seat belts reduced the risk of death by up to 65%, and this was increased to 68% if an airbag was fitted.
The new law, which came into force on 18th September 2006, strengthening the requirements for providing appropriate restraints, will hopefully ensure this trend continues downwards.
For more information on the use of airbags, and your responsibilities for ensuring passenger safety, please visit our Airbags - Information and guidance on airbag usage and your legal responsibities section.
Drivers under the age of 21 make up only 7% of licence holders, but are involved in around 1 in 7 accidents where someone is injured, according to The National Youth Agency.
The AA reported that over half of 15 year olds who were involved in accidents in which they were killed or seriously injured were in cars being driven by drivers under 21’s. They also suggest that this may be because new and inexperienced drivers are more likely to show off to their friends, and in some cases, drink or drugs can be involved. However, these passengers can also be injured where there are too many passengers in the car, so that seatbelts cannot be worn by all passengers.
For more analysis of road traffic accidents in relation to children and young people, view the fact sheet produced by the AA Motoring Trust, entitled Facts_about_road_accidents_and_children. The work of the AA Motoring Trust is now being carried forward by the Institute of Advanced Motoring. You can find more information on these issues on the IAM Motoring Trust website.
The government is committed to reducing the overall number of casualties (killed and seriously injured) by 40% by 2010, based on the 1994-98 average figures. At the same time, they are targeting a reduction of 50% of children killed and seriously injured.
Further details of Road accident casualties can be found on the website for the Office of National Statistics.
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Who Is Responsible for Car Passenger Safety?
For passengers under the age of 14, the driver remains responsible for making sure they are correctly restrained. This includes:
- installing the correct rearward facing child seats
- installing the correct forward facing child seats
- ensuring that they use a seatbelt
- ensuring that they have the appropriate booster seat or cushion fitted
- ensuring any child seat, or booster seat, is correctly secured and positioned
- ensuring that if a rearward facing child seat is fitted, any front airbag is deactivated
- ensuring that if a side airbag is fitted, the seat is correctly positioned to avoid contact in the event of the airbag inflating
For more information on child seats and restraints, and your responsibilities for ensuring passenger safety, please visit our Seat Belts and Child Restraints section.
Passengers over the age of 14 are responsible for their own use of restraints, and taxi drivers are also exempt from this responsibility where the taxi has a fixed partition.
If stopped, and the driver or any passenger under 14 is not wearing a seat belt, the driver could face a fine of up to £500. Your motor insurance cover, or premium, may also be affected if you receive a fine or conviction for an offence of this type.
For more information on your responsibilities as a driver or passenger, visit the Think Road Safety website, which also provides a leaflet for quick reference to the seatbelt law.
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What to Do If You are A Passenger Involved in an RTA
The most important thing to do immediately is to identify if anyone is injured. If so, the police and medical services must be called immediately and before any of the vehicles are moved. If attending, the police will make detailed notes of what happened. These can be called in evidence if required at a later date.
If you are a passenger and you are involved in an RTA, depending on the extent of your injuries, you should try to take as much information as you can. The driver of your vehicle will be collecting their own information, assuming their own injuries are also not too severe. However, if the driver is unable, due to his injuries to obtain the information, you should try to make your own enquiries.
In the event that the driver of your vehicle is subsequently found to be responsible for the accident, it will become important that you have your own evidence and recollection of what happened.
- obtain the insurance details from other driver(s) involved
- record the make and registration of the other vehicle(s)
- make a note of the time and date of the accident, and the weather conditions at the time
- try to take photographs of the scene
- try to obtain the names and addresses of any witnesses, even if they were travelling in one of the other vehicles involved
- make a note of any circumstances leading up to the accident which you can remember (time can cloud your recollection quite quickly, and written evidence at the time will aid recall later)
You should also obtain details of the driver of the vehicle in which you were travelling, including full details of the vehicle and insurance, even if you are not sure at the time who was responsible for causing the accident.
After the accident, if you require medical treatment, keep a record of any appointments and expenses such as travelling to hospital, or medication you need to take. Keep a note of any special support you need from your family and friends, such as help with housekeeping and shopping, driving to hospital appointments. You should also keep documentary evidence of any other losses or expenses that you incur which are as a result of your injuries.
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Who Is Responsible For Your Accident?
In many cases, the accident will have been caused by a driver. But there are occasions when this is not the case. Sometimes the condition of the road will have been at fault; perhaps a pothole not repaired; snow or ice on the road, not cleared away or correctly gritted; poor lighting not maintained.
Contacting an experienced road traffic accident solicitor, who has specific expertise in winning passenger accident claims is vital. They will be able to correctly identify the person(s) responsible for your accident and pursue your claim for the compensation to which you are entitled.
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Compensation For Your Road Traffic Accident Injuries
In any compensation claim, there are two elements that the courts may award. The first is for general damages. This is compensation for your injury or injuries, and for the pain and suffering caused to you by the accident. It also compensates you for ways in which your life may have changed, either temporarily or permanently, following the accident. This may include your inability to partake in sports which you previously enjoyed, involvement in your children’s activities, or even household chores or DIY.
The second element is called special damages and looks solely at the actual financial losses you may have incurred. It will take account not only of loss of earnings immediately following the accident, but any future earnings you may lose because you are unable to return to work, or to return to the type of work you previously enjoyed. The objective of this element is to ensure you are returned to a position of the same financial level as if the accident had not occurred. For this element, it is important that you retain receipts and other evidence such as the cost of medical treatment, to support this part of the claim.
Obviously, the amount of compensation will be based on the extent of your injuries and your recovery period, loss of earnings etc. Your own part in the accident will also be taken into account, and in the event that you are deemed to be partially responsible for the accident, an amount of compensation may be deducted from the sum awarded which reflects the extent to which you contributed to your injuries. For example, deductions are sometimes made where people have made their injuries worse by not wearing a seatbelt. However, our specialist team of solicitors will try to keep any deductions to a minimum.
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Road Traffic Accidents That We Have Dealt With
Clear Answers has very many satisfied clients and extensive experience in dealing with all types of road traffic accidents, including those involving car passengers . To read just a few examples of our successful cases, please go to our Road Traffic Accidents That We Have Dealt With section.
Alternatively, please visit our News Section which is regularly updated with information on personal injury compensation claims and other news items.
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Useful Car Passenger and Road Traffic Accident Websites
We hope the links below will provide you with useful information to help make your family safer.
- The AA
The Automobile Association - BBC Parenting
Part of the BBC website - British Medical Journal
Providing information to help Doctors make better decisions - Child Car Seats
Produced with the support of the DfT and Think! - Department for Transport
Government Department with Responsibility for all Transport Matters - IAM Motoring Trust website
Institute of Motoring, continuing the work of the AA Motoring Trust - The National Youth Agency
Funded primarily by the Local Government Association and government departments - Office of National Statistics
Now known as UK Statistics Authority - PACTS
Parliamentary Advisory Council for Transport Safety - RoSPA
The Royal Society for the Prevention of Accidents - Safer Motoring
Indpendent Advice and Information - Think Road Safety
Part of the Department for Transport
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Compensation Claims for Car Passengers
Clear Answers’ lawyers are specialists in all types of road traffic accidents. We have teams of experts waiting to help you, should you decide to instruct us to represent you in your claim, whether you were in a work related road traffic accident, or one when you were on a personal journey. Our advisers will be happy to talk to you in plain English, explaining the claims process, and provide you with expert legal advice to answer any questions you may have regarding your claim.
The insurer of the person responsible for your road traffic accident will pay our legal fees and the entire service will be cost-free for you. You will receive 100% of your compensation if you select Clear Answers to represent you in this matter.
If you or a member of your family have been injured as a passenger in a road traffic accident through no fault of your own, contact Clear Answers' personal injury solicitors on 0800 783 9019 and speak to one of our advisors who will be able to assess whether or not you have a claim. Alternatively fill out one of our online compensation claim forms.
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