One of the chief causes of road traffic accidents is careless drivers. Whilst something done ‘carelessly’ is usually thought of as being relatively harmless, this changes when the careless act is committed by someone in control of a ton of metal. The overwhelming majority of incidents on the road are not done purposely but as a result of a mistake or a moment of indecision on the part of a driver. This can be seen in the circumstances of a claim we recently settled for one of our many cyclist clients.
Our client was proceeding down a road in Chester when a car pulled out of a side road and hit him side on. He fell sideways from his bicycle and ended up lying in the road. After the accident occurred, the driver of the car admitted to our client that she had been looking the wrong way down the dual carriageway. A simple mistake like this had caused an accident that left our client with neck, chest and spinal injuries. These types of incidents could be avoided entirely if road users would take more notice of others around them. There is a reason that drivers are encouraged to ‘think bike’; this type of road user is particularly at risk of serious injuries should they be involved in an accident.
Luckily the driver in this situation admitted that she had done wrong. This is not always the case. Some drivers involved in accident decide to protest their innocence despite knowing they were in the wrong, presumably in fear of increased insurance premiums. We’ve represented countless clients who’ve had to fight allegations from the other party that it was their fault. In some cases, there can be irrefutable proof that our client is an innocent victim and yet the other driver still seeks to pursue these allegations (see our recent GoPro camera case as seen on ITV’s Car Crash Britain as an example).
If a client finds themselves on the receiving end of these false accusations of fault, we will do everything within our power to gather all the evidence and prove otherwise. Engineer and Police reports are invaluable tools in proving who was really at fault. We also try to trace any witnesses who have seen the accident and present their statements to the other party’s insurer. Anything that can be used to prove our client’s case we will gather and add to our file.
We would urge anybody involved in an accident caused by careless drivers to try to take down details of any witnesses at the scene. Whilst they were not needed in the above case, they are incredibly helpful in proving liability for disputed cases.