Public Area News - Page 3 of 3 - The Compensation Experts

If you have an accident in public, we know that taking photos of what caused you to have your accident may be the last thing on your mind. However, they are important in your potential claim.

Accidents in public places are one of the most common types of enquiry we receive here at The Compensation Experts. Whether that is a trip, slip or fall on a pavement to falling on a pothole in the road, they can encompass a wide variety of claims. If you have fallen on the street or a road, then, in most circumstances, you may be asked for photos of the area you fell in. These photos are important as they help build the basis of your claim.

Here at The Compensation Experts, we aim to help everyone get the compensation that they deserve. This guide is here to give you everything you need to know about taking accident images as evidence for your compensation claim.

What is an accident photo?

No matter where you’ve suffered a personal injury, be it in public or at work, you want to be sure that your personal injury claim is as strong as possible so you can get the compensation you deserve.

To ensure this is the case, one thing you should always aim to gather as evidence in any claim is an accident photo.

We know that taking photos of what caused your accident may be the last thing on your mind after receiving an injury. However, they are a vitally important piece of evidence for your potential claim.

An accident photo is exactly what it sounds like. It’s a photo of the place you suffered your accident, but specifically of whatever hazard caused it and the area around it.

For example, if defective machinery or inadequate PPE broke at work and caused you to receive an injury, you should take a photo of the tool, the place surrounding where the injury occurred, and the injury itself if possible.

Public accident photos

While you should attempt to take an accident photo regardless of what kind of personal injury you suffer, there are certain types of accidents where an accident photo is a must.

This is especially important when making a public space injury claim.

Accidents in public spaces are one of the most common types of personal injury that people can experience. Whether it’s a trip, slip, or fall on a pavement, or falling in a pothole in the road, they can encompass a wide variety of injury claims.

Regardless of what caused your injury, you should take a picture of the site as soon as possible.

Pavement accident photos

If you have had a slip, trip or fall on the pavement due to a pothole or a raised paving stone, for example, an accident photo can be instrumental in showing that the hole, paving slab, or whatever caused your fall, is at least an inch in depth or height.

An inch is equivalent to a 50p piece, so you can take accident images showing that the damage in question is of a similar size. You could also use a tape measure, ruler, a credit card, or anything else that is bigger than an inch.

This is important to do, and will lend your accident photo more credibility, as the depth can show if it could have been avoided by the council or landowner carrying out regular maintenance.

Road traffic accident photos

The next important type of accident to get an accident photo of are road traffic accidents. A picture of a car accident is perhaps the most important evidence you can have when making a road traffic accident claim, to prove the damages that occurred.

But car accident pictures are relevant for any kind of road traffic accident, even if it’s just a pothole that causes damage to your vehicle.

Pothole accident photos

If you have had an accident on the road due to a pothole or uneven surface, then much like with a pavement accident claim, you should take comparative photos of the offending surface as car accident pictures.

It should be noted, however, that potholes or uneven surfaces on the road need to be bigger than those on the pavement, upwards of 2 inches deep and 12 inches (a foot) across in either width or length.

Again, when you take photos of these defects, you’ll need to use something that measures both the depth of the pothole, and the width or length of it.

An example would be to use a plank of wood or a spirit level across to show the width or length, and then a tape measure to show the depth, again showing how regular maintenance could have avoided the problem.

But as we know, road traffic accidents are not limited to pothole damage. If you do find yourself in a more serious type of road traffic accident, then pictures of car accident damage should be taken when appropriate to do so.

Private property injuries

Of course, some injuries may occur while you’re on private property. In these cases, it’s still just as important to gather accident images should you suffer any injury.

Private property includes anything from supermarkets to farmland; anywhere that’s owned by someone other than the council. If an owner’s property is in public use, it’s up to them to remove any potential injury hazards and make it safe for visiting people.

Therefore, should you suffer a personal injury on private property due to a preventable hazard, you should always take an accident photo of it. For example, suffering a trip, slip, or fall on a wet or polished floor in a supermarket that lacked proper signage.

What to do if you’re unable to take photos at the accident

If you have had an accident in any scenario, but you were unable to gather any accident images at the time, don’t panic.

If you know that the defect is still there, and you can get back to the area to take photos, then you should do so when possible. If you’re unable to go due to your injuries, then you should ask someone else to go instead.

But we also know that there are scenarios where taking an accident photo simply isn’t possible. It’s important to note that these situations do not make your claim any less valid. Plenty of claims have been won without accident images, they just make proving your claim easier.

How We Can Help

Here at The Compensation Experts, the solicitors we work with deal with many personal injury claims every day. This includes public place claims, and slips, trips and falls. This means that they are well placed to help you get the compensation you may be entitled to. Contact us today by filling in our contact form, or by calling us on 01614138765 to speak to one of our friendly knowledgeable advisors.

If you’ve gone to work, taken the kids to school or frankly done anything that’s required leaving the house in the last few days, then you will no doubt have experienced the effects of Storm Ciara.

With Storm Dennis now forecast to be hitting British shores by the weekend, we are likely to continue experiencing disruption to public transport, sporting fixtures and our daily lives for the foreseeable future too.

This bout of bad weather has meant that, in recent days, it has been hazardous to walk down the street – even in areas that haven’t experienced flooding thankfully, there has still been large volumes of ground water, as well as black ice in some parts, on pavements and roads.

Add to this the high winds, fallen trees and blizzard conditions that we’ve had, and it would be fair to say that it has also been treacherous to drive on UK roads the past few days, thereby increasing the likelihood of accidents happening.

It is the responsibility of your local council to ensure that the highways and byways around you – this includes both the roads and pavements – are cleared and gritted in icy and windy conditions and so, safe to travel on. Similarly, it is the duty of Highways England to make sure that the nation’s motorways are safe for motorists to use, while it is the responsibility of Transport Scotland north of the border.

If this is not done, and you are involved in a road traffic accident (RTA), or suffer a slip, trip or fall while walking down the street, you may be entitled to compensation.

At The Compensation Experts, we work with specialist law firms who have a track record of making successful compensation claims against local councils and after RTAs have occurred. We and the legal firms we work with have a lot of experience with these types of cases and so, are well-placed to help you get you the maximum amount of compensation.

If you have been involved in a road traffic accident or have sustained any type of injury while out in public the last few days, the stormy conditions we have been experiencing are not an excuse. Therefore, you may be entitled to compensation.

Do not hesitate to contact The Compensation Experts via the contact form on our website or by calling 0161 413 8765.

Though great for your health and the environment, cycling poses several risks of its own. The lack of protection from other drivers and even unsafe road conditions could turn your comfortable bike ride to work into a disastrous accident. Therefore, cycling accident compensation claims are a difficult reality in the UK.

In many cases, these injuries might occur due to the negligence of another party.

For example, say the driver of a car doesn’t check their blind spot and strikes you. You can subsequently sue them for compensation. An improperly paved road that caused you to lose control could mean you have a case against the city.

The difficulty in these cases, and why you should always hire an experienced attorney, is that in most cases the furthest a plaintiff can go with their case of negligence is contributory negligence, which puts both parties to blame for the accident. Not know how to make personal injury claims? Read on.

Can You Claim for Cycling Accident Compensation?

Indeed, you can. Just as you can claim compensation after a driving accident. Or, if a car strikes you as a pedestrian.

So, too, can a person claim compensation as a cyclist. In fact, you’ve mostly the same rights, too. Not a moment too soon, either: there exists significant cycling accident statistics in the UK. In 2018, RoSPA reports 4,106 serious injuries and over 13 thousand slight injuries amongst cyclists.

What are the Complications When Making a Claim?

Even if this is the case, there are some complications. A pedestrian struck on the pavement has no responsibility in the accident. Accordingly, the vehicle that hits them violates the rules of the road.

As cyclists and motorists share the road, however, this can make compensation claims a bit more tricky. This is because the cyclist faces distractions at the time of the accident.

As a cyclist, it’s your responsibility to be attentive at all times. Other elements can also be a distraction when making a compensation claim.

For example, listening to music on the way to work or;
Alternatively, taking a drink from your water bottle.

Although this may be true, this does not rule out your ability to win a claim. However, it does increase the likelihood that the amount you receive will be deducted. This is what often happens because these cases are contributorily negligent. In other words, you were partly to blame for the accident. The case is, if you face no distractions, you will be able to stop in time or avoid the accident.

The other complication is that judges, in general, aren’t very familiar with cycling injuries and accidents. That is why hiring a knowledgeable lawyer can help, as they will explain in legal terms the case in a way the judge can understand.

The Issue of Distractions

Contributory negligence does not mean you won’t receive compensation. It just means the total amount they award you is subject to a discount, sometimes by as much as 25%.

However, the exact amount will depend on how complicit the judge believes you were in the accident. The argument holds then that – if you face distractions – you can, therefore, ride away, stop, or otherwise minimise the accident from occurring.

If a driver breaks the law while injuring you (instead of, say, turning lanes without checking their blind spot), then you have a very solid case.

What to Do If You Have Been a Victim to a Cycling Accident

If you have been the victim of a cycling accident that wasn’t your fault, then you will want to:

Seek Out a Lawyer.
Seek Out Professional Rehabilitation.

By doing so, you give yourself the best chance of being compensated for a personal injury accident claim.

Here at the Compensation Experts, we frequently hear from people who are injured as a result of defective and uneven pavements and roads with a pot hole. Though the majority of these injuries are bruises and sprains, some people, a pavement trip compensation claim can be life-altering.

It’s especially difficult for the vulnerable and elderly. In short, they are susceptible to sustaining truly painful breaks, fractures and even some head injuries. So successful pavement accident claims for a trip affect a wide range of age groups.

In practice, these negligence claims such as these are by and large defended by the local authorities. Therefore, it’s imperative that either you or someone on your behalf carries out a few simple tasks right away. By carrying these out, you’ll be in a far stronger position to have the proper amount of compensation awarded to you.

In short, you will need to photograph the following factors for road and pavement accident compensation claims.

What you need photographs of for a pavement trip compensation claim

1. Surrounding location where the trip occurs

Take photographs of the street and surrounding shops, properties and landmarks in the area in which the incident took place. Also, be sure to take pictures of road signs and make a note of the surrounding addresses.

2. More specifically, the actual pavement defect

Document the defect in relation to other objects such as trees, the kerb, a street corner or anything else. Then take some photographs of the defect from roughly three metres away.

Next, you will need some close-up photographs of the defect. Ideally, you’ll have rulers in the picture (one in a horizontal position, the other in a vertical). Then, simply record the measurements (length breadth and depth) of the defect if possible. Failing that, placing some large coins in the picture to give a sense of perspective.

As a rule: if the paving slab is at least 1″ higher or lower, you have a right to compensation.

Who you need to talk with

There are certain people (other than The Compensation Experts) that can also strengthen your case for pavement trip compensation claims.

3. Witnesses to the accident for a pavement trip compensation claim

If it’s possible, talk to witnesses at the scene of the accident. Be sure to get their names and contact details: their testimony can significantly improve your case. Other people who regularly use the same street might vouch for certain specifics that can strengthen your case.

For instance:

They can state the length of time the defect has been there.
Also, they can recall any other previous accidents that took place at that spot.
Furthermore, they can state for the record whether or not the defect has been reported to the council.

4. Expert solicitors in a pavement trip compensation claim

It also stands to reason that an expert lawyer in pavement trips is a great way to support your case. Admittedly, we have a strong amount of bias on the matter in general. Nevertheless, at The Compensation Experts, we make it our business to know your case.

For instance, we give your accident the due diligence and expertise to determine if you can win.

Moreover, we work on a No Win, No Fee basis if you’re injured due to pavement trips and falls. That means when we become your personal injury solicitor, we believe in your case. Because we’ve done our homework and have enough confidence in your case.

Bottom line: we’re motivated to get you a successful claim for compensation for uneven surface tripping claims. So call us on 0800 182 2187 or fill out our Contact Form to set up a free consultation – you’ve no obligation.

5. Identifying the council to hold responsible for your claim

To date, you have the place, the lawyer and the witnesses to the pavement tripping accident on the record. So you next need to determine who you actually need to direct your claim at.

One great place to start is the Postcode Check for Pavement Compensation Claims on gov.uk. If you’ve tripped on a pavement and know the location, you can simply insert the postcode and see:

First, the Council that’s responsible for that area.
Second, that Council’s official website & department to handle your claim for personal injury compensation.

Sometimes, the boundaries for determining which council is responsible for that tripping hazard can be tricky. For example, you might be visiting friends in a certain part of London you’ve never been to before.

It’s a reminder, therefore, to act quickly to maintain the integrity and accuracy of your claim.

6. Land Owner

Certain conditions might dictate that the landowner is the point of contact. However, this is more likely for slips, trips or falls claims rather than pedestrian accident claims involving walking.

BONUS – The factors beyond your control

What you can’t directly control in these matters are:

Control of a council’s purse strings.
How weather affects the hazardous area in question.

Indeed, weather conditions alone aren’t the factor so much as budget concerns and the inability of councils to act quickly. But the problem almost unfailingly starts because of the environmental factors that make the hazard crop up. It could be a root from a tree under the pavement, or the salt councils spread over roads for snowstorms.

For instance, consider how a pot hole becomes a tripping hazard in the first place. These road hazards can build up over the long-term as a result of battering from inclement weather and heavy traffic. Yet until someone complains vociferously enough, councils may not know the extent of the problem.

But getting a hazard on the record still might not be enough to incite the council to act. Therefore, your personal injury claim gets stronger. Because the hazard was on the record, and yet the council didn’t act fast enough, meaning they failed to prevent your injury.

Conclusion

By carrying out these tasks you can:

Improve your case and;
Greatly increase the likelihood (and perhaps the size of) your compensation.

That money can then go some way to helping you recover from your injury. You can cover costs and any lost earnings as a result of the injury.

We count on it so much that it public transport accidents often fly under the radar. But they really shouldn’t, thanks in part to the number of people who use public transport regularly.

Every day, thousands of people in the UK use one form or another of public transport. They trust it for any number of reasons, either to:

commute to work;
visit family and friends;
do the weekly shopping, and/or;
perhaps just to leave the car behind and go for a drink.

Millions upon Billions of public transport journeys

Last year in the UK, we made 5.2 billion passenger journeys on buses and 240 million journeys on light rail systems. The breakup of national transport networks settles into fragments of private ownership. But the use of the railways has doubled since privatisation. Moreover, most judge it, by and large, to be a safe and effective way of getting around.

Although safety, in general, is a paramount element in supplying transport services, accidents do still happen. Fatalities are thankfully rare, but buses commonly feature in accidents. Although they might not make front-page news, they can still result in back, neck or other serious injuries.

Railway safety also has its share of injuries, albeit mostly minor in nature. For the last five years of Government ready statistics, there have been at least:

6,000 annual minor injuries for train passengers.
Between 287 and 377 annual major injuries for passengers, plus;
There were 586 major injuries for all kinds of people on the rails in 2018-19 alone.

RTAs versus Public Transport Accidents

In the event of a personal injury resulting from a road traffic accident, liability gets tricky. Which is why it’s always advisable to contact a personal injury lawyer as soon after the incident as possible. The responsibility could lie with:

the driver;
the firm providing the service (in essence, the transport company);
another road user or;
the council who are responsible for road layouts and traffic lights.

We usually think of public transport accident injuries resulting from collisions, such as bus accidents. But other non-collision type injuries are more common than many would think. Slipping on wet floors of moving buses and trains is worryingly common, too. They can result in:

bruises;
fractures;
head injuries;
damage to personal belongings and;
the potential loss of earnings during a period of recovery.

Public transport accident: A Case Study

A case study of a passenger accident claim involves a man suffering an injury in a car crash. The cause of the crash itself, however, was another driver of the car in which he was travelling. Accordingly, the claimant suffers severe whiplash and is unable to work for three months while stuck in recovery.

As it turns out, the other driver has driver’s insurance. So we supply the relevant evidence to make a compensation claim (which includes police and medical reports). Accordingly, the driver’s insurance company acknowledges liability. And, as a result, the client receives almost £7,000 in damages.

Altering your life

These injuries are painful and debilitating to those unfortunate enough to fall victim to them. Medical treatments for public transport injuries may become necessary. Moreover, when you’re involved in an accident, it can significantly alter the course of your life. Be it the fault of a bus driver or whomever, any form of public transport has a duty of care to avoid accidents on public fares.

Say if your personal injury claim becomes a reality. In turn, a bus, train or tram accident can wreak havoc on you professionally. Therefore, you can claim for any and all loss of earnings when you:

Miss work;
Must alter your work schedule because of any injuries, or;
Need to change the work responsibilities you have as a result of the accidents. For instance, you work in a job where you’re on your feet and physically interactive. Subsequently, you need to switch to a desk job because the loss of mobility demands it.

What to do next?

Where you sustain injuries from avoidable circumstances, it’s imperative to seek justice. Moreover, the pursuit of a public transport accident claim can develop our ability as a society to do better.

Because through learning from these events, transport bodies can make necessary changes. In addition, these changes can mitigate the risk of such injuries happening again to someone else.

Your lawyer will build your case using relevant evidence to support your claim. For example:

Your medical records detailing your injuries and prognosis.
Reports from the police and other emergency services who respond.
Statements from any witnesses who see or hear your accident.
In addition, they might use photos or film footage of the accident site.

The time limit factor of a public transport accident

You can’t afford to dawdle, either, when it comes to public transport accidents and compensation claims. In truth, you have a three-year time limit from the date of the accident to file a claim.

Nevertheless, the sooner you act, the better your claim will turn out. Taking notes and getting your recollections, witnesses and specific relevant details down helps your case, too. With this now on the radar of your solicitor, we can help turn your injurious malady into a financial melody.

Contact us today if you feel that you need compensation for a public transport accident. Whether it causes an injury or does otherwise, we’re here to help. We use firms authorised and regulated by the Solicitors Regulation Authority (SRA) and are registered in England and Wales.

Category: Public Area

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