Accidents on motorways can be very scary and extremely dangerous. Often such accidents happen at high speeds and can involve multiple vehicles resulting in very serious injuries. Importantly,
motorway accident claims might be possible if you’ve been injured in an accident caused by somebody else. Therefore, we’ll look at some of the reasons why you could claim compensation for a motorway accident and the amount of compensation that could be awarded.
You can call on us if you’d like advice about making a motorway accident claim. A specialist from our team will consider your case and explain your legal options. As well as providing free advice on your next steps, we could partner you with one of our personal injury solicitors. They’ll manage your case on a No Win No Fee basis if you start a claim meaning there are no legal costs payable unless the case is won.
Read on for more information about the motorway accident claims process or call 0800 6524 881 to speak to us right away.
Table of contents
- Am I Eligible To Make A Motorway Accident Claim?
- Common Causes Of Motorway Accidents
- Common Injuries From RTA’s On Motorways
- How Much Compensation For A Motorway Accident Will I Get?
- Evidence For Motorway Accident Claims
- Time Limits For Claiming Motorway Accident Compensation
- Starting The Motorway Accident Claims Process
Am I Eligible To Make A Motorway Accident Claim?
The Road Traffic Act 1988 means that all motorway users have a legal duty of care to try and keep others as safe as possible by driving as safely as possible. Therefore, you might be entitled to start a motorway accident claim if:
- Another party breached their duty of care through negligence; and
- A motorway accident occurred because of that negligence; and
- You sustained injuries in the accident.
Whether you’ve been hit by a lorry, involved in a multi-car pile-up or you’ve been forced off the motorway by a driver who failed to check their blindspot, we could help you claim for your injuries. Please call today and we’ll review your options for free.
Can I Claim If I Was Injured On The Motorway By An Uninsured Driver?
If you’ve been injured on a motorway and the other driver was uninsured or cannot be traced (hit and run), our solicitors could still help you to claim compensation. Instead of claiming in the usual way, they’ll apply for you to be compensated through the Motor Insurers Bureau (MIB). This scheme is funded by a levy on insurance premiums.
If you’d like to know more, call us today for free advice on your options.
Common Causes Of Motorway Accidents
There are around 2,300 miles of motorways and smart motorways in the UK. While motorways are relatively safe, the sheer volume of vehicles that use them each day and the speeds involved mean that accidents can and do happen daily.
We won’t list every single type of motorway accident that could occur here but some common reasons why they happen include:
- Speeding drivers.
- Drivers who fail to react to lane closures or variable speed limits.
- Drivers who use their mobile phones while on the motorway.
- Tired drivers who fall asleep at the wheel.
- Spillages or road damage (large potholes etc).
- Drivers who fail to maintain a safe distance between vehicles (tailgating).
- Drivers affected by alcohol or drugs.
- Road rage and reckless driving.
- Being hit on the hard shoulder of a motorway when you’ve broken down.
Whatever the reason for your motorway accident, if your injuries were caused by somebody else’s negligence, we could help you to claim for your suffering so please get in touch today.
Accidents Caused By Road Defects
While many accidents on motorways are caused by unsafe driving, others are caused by potholes, spillages or motorway roadworks. In these cases, you may still have the grounds to seek compensation but your claim would probably be against National Highways (previously Highways England).
They are the agency that is responsible for motorway maintenance in England. Therefore, if they’ve failed to inspect or react to major road damage on the motorway which has caused you to have an accident, you may have grounds to sue them for any subsequent injuries. Please contact us if you’d like to know more.
Common Injuries From RTA’s On Motorways
You could potentially be compensated for any injury in a motorway accident claim but some of the most common include:
- Broken, shattered or fractured bones.
- Spinal cord and brain injuries (sometimes leading to paralysis).
- Moderate head injuries including concussions.
- Crush injuries.
- Cuts, lacerations and bruising (ranging from minor to severe).
- Soft tissue injuries including whiplash.
- Minor burns from vehicle fires or airbag deployment.
- Scarring.
- Fatalities.
- Psychological trauma.
To see if you could claim for these or other injuries following a motorway accident, please speak to us today.
Fatal Motorway Accidents
Unfortunately, reports of deaths on motorways happen far too frequently. We realise that if a loved one has died in an accident on the motorway, claiming compensation won’t be at the forefront of your mind.
However, if you do decide to claim at some point, we are here to help. One of our solicitors could secure compensation for you if you relied on the deceased’s income or pension. Similarly, they could help claim back funeral expenses or other losses linked to their death.
We provide no-obligation legal advice so there’s no pressure to claim if you simply want to call and discuss your options.
How Much Compensation For A Motorway Accident Will I Get?
Compensation payments for personal injuries (including psychological injuries) are different from case to case. Therefore, when assessing a motorway accident claim, your solicitor will use an independent medical specialist to assess your injuries. This will include a meeting where you’ll be examined and you’ll discuss any impact of your injuries. Our compensation calculator gives some insight into potential compensation amounts for motorway accident injuries:
You could be awarded other compensation on top of any paid for physical injuries. This might include damages to cover:
- Psychological injuries (emotional distress, flashbacks, anxiety etc).
- Medical treatment and rehabilitation costs.
- Care costs.
- Travel expenses.
- Loss of earnings.
- Future reduction of earnings for more serious cases.
- Loss of amenity (for injuries that have an impact on your normal hobbies).
- Mobility aids and home adaptations to help improve your ability to function if you’ve been left disabled.
Any claim accepted by one of our solicitors will be reviewed in full to try and ensure any settlement covers all of the suffering linked to your motorway accident and injuries.
Evidence For Motorway Accident Claims
Sections 275 to 287 of The Highway Code explain what you should do if you’re involved in an incident such as an accident on a motorway. In addition to those safety guidelines, there are some steps you could take once it is safe to do so that could help you if you decide to claim compensation for any injuries. They include:
- Seek medical treatment. Go to a hospital or minor injuries unit to have your injuries properly diagnosed and treated. Medical notes and test results may be requested later on by your solicitor.
- Swap details. Anybody involved in a motorway accident must (legally) provide contact details and insurance information to anybody else involved. You should also note any relevant details about other vehicles including colour, model, make and registration details.
- Take photos. If you can take pictures from a safe place, it can be a helpful way of describing how the accident occurred.
- Collect video footage. Ask for copies of any relevant dashcam footage from any other drivers who stopped at the accident scene. Also, you could ask National Highways for copies of any relevant CCTV footage within 5 days of the accident.
- Speak to witnesses. Ask anybody else who saw the motorway pile-up to provide their contact details. If necessary, they might be asked to file a witness statement with your solicitor at a later date.
In all situations, you must try to ensure the safety of all road users including yourself above anything else.
If you have any relevant evidence to support a motorway accident claim, please inform your advisor when you make contact as it could improve your chances of being paid compensation.
Time Limits For Claiming Motorway Accident Compensation
You usually have 3 years to start a claim for a motorway accident. In most cases, this will begin on the date you were injured, or a later point if you only became aware later that the injury was linked to the motorway accident.
However, there are a few important factors that can affect the time limit. These are:
- If your child was a passenger and was injured, their time limit will not begin until they turn 18 years of age. Therefore, you can pursue damages for them at any point before then.
- If the person injured in the motorway accident lacks the mental capacity to manage their compensation claim, the time limit won’t apply until their capacity is regained.
- If the motorway accident resulted in a fatality, the three-year time limit starts from the date of death or from the date the death was linked to the accident, if this is later.
Please contact our advisors to determine how long you have to make a claim.
Starting The Motorway Accident Claims Process
You’re not obliged to use a solicitor provided by your insurer if you’ve been injured on a motorway through no fault of your own. Therefore, you call us for free on 0800 6524 881 and have your claim assessed by a personal injury claims specialist.
You’ll be offered free legal advice once your claim has been reviewed and we’ll answer any questions you might have. If there are strong enough grounds for your claim to proceed, one of our road accident solicitors may offer to help you claim. If that happens, you’ll benefit from a No Win No Fee service.
If you’d rather discuss motorway accident claims online, please feel free to use our live chat service
