Wafer Phillips Solicitors | RTA and Accident Solicitors in Liverpool

Wafer Phillips is a specialist accident solicitors based in Croxteth. We can assist with a range of claims, from road or work accident to clinical or medical negligence. Let us help you.

FREE Initial Advice · No Win, No Fee

Tel: 0151 256 7898 · Fax: 0151 226 9817
Email: enquiries@waferphillips.co.uk

Can you claim for a cycling accident?

Did you know Liverpool consistently ranks among the most dangerous UK metro areas for cyclists?

From 2016 to 2021, more than 850 cyclist accidents occurred in Liverpool, with 190 serious accidents at the Gateacre Brow / Rose Brow roundabout alone.

Being involved in a cycling accident can be not only traumatic, but also life-altering.

If you, or a loved one, has sustained injuries, you may now be wondering if you can make a cycle accident claim.

The good news is that if it was the fault of a driver, pedestrian, or even your local authority, you may be entitled to compensation.Unsure where you stand? Speak to an expert member of our team today by dialling 0151 256 7898, or send an email to enquiries@waferphillips.co.uk

 

Who can make a cycling accident claim?

You may be eligible to make a cycling accident compensation claim if:

 

  • You were injured in a cycling accident that wasn’t your fault
  • The accident was caused by the negligence of another road user, for example, a driver being distracted by using their phone whilst driving
  • Your injury was caused by unsafe road conditions, for example, by potholes that the local authority should have fixed
  • A child for whom you are the parent or guardian was injured while cycling, and you’re claiming on their behalf.
  • You’re claiming for a family member who was involved in a fatal cycling accident

 

In cases where you believe you’re partially at fault, you may still be eligible to pursue a cycle accident claim under a split liability agreement.

Our experienced team of solicitors will be more than happy to assess the specifics of your case and advise you on how best to proceed.

Start a conversation with us.

 

What are your legal rights after a cycling accident?

Not many people know that as a cyclist, you have the same rights as any other road user.

If another person’s reckless and careless behaviour has caused your accident, the law will always be on your side.

 

Your rights as a cyclist include:

 

  • The right to claim compensation for any injuries
  • The right to receive medical treatment or rehabilitation as part of your compensation
  • The right to reclaim bike repair or travel costs
  • The right to seek legal support to make your compensation claim

 

What can you claim compensation for after a cycling accident?

Cycling accident claims can cover a wide range of physical and financial losses.

Every case is different, and your dedicated solicitor will attempt to make sure you receive proper compensation for both general and special damages.

General damages will compensate you for any pain, suffering, and impact on the quality of life caused by the accident. This figure will consider the severity of the injuries, recovery time, and long-term damage.

 

Special damages cover any out-of-pocket expenses and financial losses you have experienced, such as medical costs, loss of earnings, bike repair or replacement, travel expenses for medical appointments, and any home adaptations.

 

In fatal cycling accidents, compensation may be awarded to families to cover funeral costs and loss of financial dependency.

 

When should you make a cycling accident claim?

As with all accident claims, your cycling accident claim must be made within three years of the date of the incident.

 

The only exceptions to this limitation period are as follows:

 

  • If the injured individual is under 18, a parent or guardian can claim on their behalf. Otherwise, they have three years from the date they turn 18 to start a compensation claim.
  • If the injured person lacks the mental capacity to make a claim, there’s no time limit until and if they can regain capacity
  • If your cycling accident resulted from dangerous driving or another deliberate act, you may need to claim through the Criminal Injuries Compensation Authority, which has a two-year deadline.

 

Whatever the circumstances surrounding your case, the sooner you get in touch with a solicitor, the easier the process will become.

 

How do you start a compensation claim after a cycling accident?

We understand that after a traumatic experience, starting a cycling accident compensation claim can feel daunting, but with the support of our team, it can be a straightforward process.

 

Seek medical attention

 

The first step is always to seek medical attention at your local GP or a hospital.

Even if you don’t think you have sustained serious injuries, it’s important to ensure you have medical records to support your claim.

 

Compile evidence

 

Evidence will be the backbone of your claim, so where possible, try to gather the following:

 

  • Photos of your injuries and the scene
  • Witness statements and contact details
  • Footage from a dashcam or your own footage
  • Emergency service reports
  • Receipts for expenses or repairs

 

Contact a cycling accident claim solicitor

 

Get in touch with a cycling accident compensation claim solicitor as soon as possible.

From the date of the accident, you’ll have three years to claim, so it’s essential to arrange an initial consultation to seek advice on the validity of your case.

 

Negotiation and settlement

 

At Wafer Phillips, we proceed with all accident claims on a no-win, no-fee basis, meaning there’s no financial risk to our clients.

As part of the claim, your solicitors will gather evidence, liaise with insurers, and negotiate a fair settlement on your behalf.

Most claims are settled out of court, but our team will always represent you in court if necessary.

 

Start your cycling accident claim

 

If you, or a loved one, has been involved in a cycling accident in the past three years, we can help.

To learn more about how the friendly team at Wafer Phillips can best assist, feel free to visit our cycling accident claims page, or get in touch today by dialling 0151 256 7898.

Alternatively, send an email to enquiries@waferphillips.co.uk

 

What to do if you’re involved in a cycling accident

Cycling is a fantastic way to keep fit and do your bit for the environment.

However, with increasing traffic and more distractions than ever, cycling accidents are a common occurrence.

While the latest statistics demonstrate a 5% reduction in cyclist fatalities, and a 6% decline in injuries year-on-year, the total number of cycling casualties remains high, with 14,345 incidents reported.

If you’ve been involved in a cycling accident, you may be entitled to compensation, especially if another road user was at fault.

Unsure where you stand? Speak to a member of our team today by dialling 0151 256 7898, or send an email to enquiries@waferphillips.co.uk

 

What steps should you take immediately after a cycling accident?

If you’re involved in a cycling accident, your health and well-being should always be your first priority.

In the immediate aftermath, if you’re physically able to, you should move yourself to a safe location, away from the oncoming traffic.

If you or anyone else involved is seriously injured, call the emergency services, including the police, to report the incident.

With up to 15,000 cyclists injured annually, seeking prompt medical help isn’t just sensible; it’s vital for a successful claim.

Even if you feel fine, we would always advise seeking medical attention as soon as possible to address injuries like concussions or soft tissue damage that might not be immediately apparent.

 

How can you collect essential information at the scene of a cycling accident?

While it may not feel like a priority in the moment, gathering information at the scene is vital.

If possible, we recommend collecting the following:

 

  • Driver details: the name, address, and contact number of the drivers involved
  • Vehicle details: registration number, make, model and insurance details if possible
  • Witness details: names and contact details of other road users or pedestrians who witnessed the incident
  • Photographs: Take photos of the accident scene, injuries, damage to your bike and anything else pertinent to the accident

If the road user involved leaves the scene without providing you with any details, try to take note of their registration number and contact the police instead.

 

What evidence can help a compensation claim?

Collecting as much evidence as possible will put you in the best position for a successful cycling accident claim.

Aside from the information gathered at the scene, other helpful pieces of evidence include:

 

  • Medical records: After seeking medical attention, keep records of all treatment, diagnoses and ongoing health problems related to the accident
  • Repair: Keep records of incurred costs if your bike was damaged or destroyed during the accident
  • Injuries: Take photos of any injuries sustained and how they develop over time
  • Written records: If possible, straight after the event, write an account of what happened in your own words, as this can be used as evidence
  • Video evidence: Any dash cam, CCTV, or helmet camera footage should be saved to support your claim. If an accident happened in an urban area, like Liverpool city centre, there would likely be security camera footage

 

When should you seek legal advice after a cycling accident?

As soon as possible.

Consulting with a solicitor early on ensures you are confident in understanding your legal rights and have the necessary support and guidance to begin creating a strong claim.

Start a conversation about your potential cycling accident claim by contacting us today.

 

Is there a time limit to make a compensation claim after a cycling accident?

Yes, in most cases, you will have three years from the date of an accident to file a personal injury claim in the UK.

The only exceptions are if the injured party is under 18, in which case the three-year limit begins from their 18th birthday.

If the injured party lacks the mental capacity to make a claim, there’s no time limit until unless, or until, they regain capacity.

 

What are the eligibility criteria for making a compensation claim after a cycling accident?

The eligibility criteria to claim compensation are relatively straightforward.

The accident must have involved negligence by another party.

 

Common examples of negligence are:

 

  • A driver failing to check mirrors before turning
  • A driver being distracted while operating their vehicle (for example, using their mobile phone)
  • Being hit by a car door suddenly opening into your path
  • Potholes or other road damage (often the responsibility of the local authority)
  • Pedestrians stepping onto the road without warning

 

As part of this, you will also need to prove that, as the injured party, you have suffered injury or loss (for example, physical injuries, damage to your bike, loss of earnings, emotional or psychological trauma)

You must also provide evidence as part of your claim that the accident occurred within the past three years.

 

Need support following a bicycle accident?

Cyclists account for about 11% of all road casualties and 5% of road fatalities in Great Britain.

While these figures are improving year on year, they still highlight the vulnerability of cyclists on UK roads and the importance of knowing what to do if you’re involved in an accident.

So, if you’ve been injured in a bicycle accident in the past three years due to another road user’s negligence, it’s important to be aware that you may be entitled to compensation.

Wafer Phillips has served the Liverpool community for more than 35 years, specialising in road traffic accident claims – including those involving cyclists.

To learn more about how our team of solicitors can assist you, feel free to visit our cycling accident claims page or get in touch today by dialling 0151 256 7898.

Alternatively, send an email to enquiries@waferphillips.co.uk

 

 

Common causes of pedestrian accidents and how to prevent them

In 2023, some 6,067 pedestrians sustained serious injuries due to pedestrian accidents on British roads.

Without the protection of a vehicle, pedestrians are among the most vulnerable road users, and a simple walk across a road can quickly turn into a dangerous endeavour.

When drivers are distracted, visibility is limited, or there are road problems, the risk to pedestrians rises.

 

What makes pedestrians vulnerable?

 

As mentioned above, without the protection of a vehicle or the protective gear worn by cyclists, pedestrians have nothing to act as a barrier between them and other road users.

In the event of a collision, pedestrian car accidents can be life-altering, with many victims suffering from broken bones and even severe head and spine injuries.

Often, pedestrians can be left with long-term injuries that take months or even years to recover from, as well as the emotional trauma of the event.

Children are even more at risk, with figures showing that 1,251 children aged 6-10 and 3,106 children aged 11-15 were killed or seriously injured in road traffic accidents from 2020 to 2022.

 

Where do pedestrians have the most accidents?

 

The majority of pedestrian accidents happen in urban areas such as towns and cities, where there is the most foot and vehicle traffic.

The statistics for pedestrian car accidents vary across the country, but common hotspots include junctions and crossings, busy city centres, roads without pavements and poorly lit areas.

Road traffic accidents most commonly occur during peak hours when roads are congested and drivers are more likely to be distracted or in a rush.

 

What are the most common causes of pedestrian accidents?

 

Between 2019 and 2023, ‘pedestrian failure to look properly’ was the most frequently cited contributory factor in fatal or serious collisions involving pedestrians.

 

However, several factors can contribute to pedestrian accidents, including:

 

  • Drivers being distracted by looking at their phones while driving
  • Speeding in pedestrian-heavy areas (city centres and around schools)
  • Drivers failing to yield at crossings
  • Driving under the influence
  • Driving when there is poor visibility (typically at night in dimly lit areas or bad weather)

 

In most cases, the driver is at fault, and injured pedestrians may be entitled to make a pedestrian accident claim.

 

Ways pedestrians can reduce the risk of being involved in an accident

 

While pedestrians cannot control the actions of other road users, there are steps that can be taken to reduce their own risk when travelling on foot.

 

We would recommend always:

 

  • Using designated traffic and zebra crossings
  • Avoid being distracted by your phone or wearing headphones
  • Wear reflective clothing when travelling at night
  • Make eye contact with drivers before crossing the road

 

How can we help?

 

If you have been involved in a pedestrian accident in the past three years, you may be entitled to compensation for your injuries, loss of income and medical costs.

To learn more about how our friendly team can assist, feel free to visit our Pedestrian Accident Claims page, or get in touch today by calling us on 0151 256 7898.

Alternatively, send an email to enquiries@waferphillips.co.uk

Common causes of bicycle accidents and how to prevent them

In the UK, roughly 15% of the population, or about 9.3 million people, cycle regularly.

Over the years, this figure has continued to grow as more people have turned to cycling as a healthy, environment-friendly, and cost-effective means of transport.

However, cycling does not come without risks and without the protection of a vehicle, cyclists are at significant risk of injury in the event of a crash.

If you are a cyclist, it’s crucial to understand the common causes of bicycle accidents to help reduce your risk of injury on the road and know where to turn if you have been involved in an accident.

 

How common are bicycle accidents on the road?

 

According to the Department for Transport’s 2023 report, there were 14,999 reported pedal cyclist casualties, including 87 fatalities, 3,942 serious injuries, and 10,970 slight injuries.

Despite the number of fatalities decreasing over the years, bicycle accidents remain a significant concern on British roads, particularly in urban areas.

There are many benefits to cycling instead of driving or using public transport, but it does put cyclists in close proximity to fast-moving vehicles.

Whether you regularly cycle to work or enjoy the occasional bike ride when the weather is good, it’s important to know the causes of bicycle accidents to help you ride with greater awareness of the dangers around you.

 

What are the main causes of bicycle accidents?

 

One of the most common causes of bicycle accidents on British roads stems from drivers being distracted while operating their vehicles.

Whether they’re looking at their mobile phone (which 27% of UK drivers have admitted to being guilty of) or are not fully aware of their surroundings, this lack of awareness often leads to cyclists being injured.

Outside of that, other bicycle accidents causes include:

 

  • Drivers or passengers opening the car door without checking the side mirrors for approaching cyclists
  • Vehicles turning left or right across a cyclist’s path, usually at a junction or a roundabout
  • Drivers failing to give way at junctions or, in many cases, overtaking cyclists without enough space to do so
  • Roads with potholes or uneven surfaces causing cyclists to lose control of their bikes
  • Drivers being unable to see cyclists either because they are obstructed by something or there is poor visibility due to the weather or darkness

 

How can cyclists reduce the risk of being involved in an accident?

 

Unfortunately, not all accidents can be avoided, but we urge all bike users, from regular riders to work to the occasional sunny day cyclists, to take proactive steps to remain safe on the road.

This can include the following measures:

 

  • Wear high-visibility clothing at night and when the weather is bad
  • Ensure that you follow the Highway Code and clearly signal at every turn
  • Ride in a predictable pattern by avoiding weaving between cars and mounting pavements
  • Stay alert when riding by not wearing headphones
  • Be aware of doors opening as you are passing by vehicles

You cannot always anticipate the actions of other road users, but staying vigilant can significantly lower the chance of being involved in what could be a life-altering crash.

 

Have you been involved in a bicycle accident?

 

If you have been injured in a bicycle accident in the past three years as a result of another road user’s negligence, you may be entitled to compensation.

To learn more about how our friendly team can assist you, feel free to visit our Cycling Accident Claims page, or get in touch today by calling us on 0151 256 7898.

Alternatively, you can send an email to enquiries@waferphillips.co.uk

 

Compensation for a child’s injury in a car crash

According to research from UK road safety charity Brake, every 19 days the equivalent of a whole 
class of young children is killed or seriously injured on roads in Britain. 
 
When children are involved in a car crash, the emotional and physical aftermath for both the child and 
their family can be devastating. 
 
We believe victims should be able to pursue car crash injury compensation to help families secure 
the financial support that is often needed to pay for medical treatments, lost income and other 
expenses. 
 
In this short guide, we’ll explain the process of making a car crash compensation claim on behalf of 
your child. 
 

What to know about Child Accident Claims 

 
Children are naturally more vulnerable to sustaining injuries in car accidents, whether they’re 
passengers, pedestrians or cyclists. 
 
These injuries can be simple cuts and scrapes but often are more serious, with many children suffering 
from broken bones, head trauma or even long-term psychological issues.  
 
As children cannot legally make claims for themselves, it falls to their parent or guardian as a 
‘litigation friend’ to advocate for them and handle the process on their behalf.  
 

Is my child eligible for car accident injury compensation? 

 
To be eligible for compensation, you will need to demonstrate the following: 
 
∙Your child was involved in an accident that was directly caused by another party’s negligence 
∙The injuries your child sustained were a direct result of the accident 
∙There is clear medical evidence to support the claim 
 

How can I start a Child Accident Claim? 

 
If your child has been involved in a car accident, the first and most important step is to seek medical 
treatment. 
 
Not only is this the best step to ensure your child’s health and wellbeing, but it will also start a paper 
trail of medical documentation, which is crucial to supporting a claim. 
 

Continue reading “Compensation for a child’s injury in a car crash” »

Legal rights of cyclists in the event of a road accident

According to the most recent statistics from the National Travel Survey and Active Lives Survey, around 7.4 million people regularly participated in cycling in England.

It has become an incredibly popular mode of transport, offering a more eco-conscious and cost-effective method of travel.

Read More!

However, with this rise of cyclists on the roads, the risk of accidents has also risen, with almost 15,000 cycling accidents reported in 2023.

It’s now more important than previously that cyclists involved in road accidents understand their legal rights to ensure they’re fairly treated and compensated.

 

What should you do immediately after a cycling accident?

 

If you find yourself involved in a cycling accident on the road, there are steps you can take to protect yourself legally and strengthen any future compensation claims.

 

Prioritise your wellbeing

 

If you’ve been injured, you should seek medical assistance immediately and document even minor injuries with your local GP, as these may worsen after the fact.

 

Collect evidence

 

Try to gather as much evidence as possible from the time the accident occurred.

This can include photos of the scene, the damaged bicycle, injuries, and the contact details of any witnesses. If possible, detail the insurance information of the other party involved.

 

Seek legal advice

 

As soon as possible, consult a specialist cycle accidents solicitor to guide and support you throughout the legal process and ensure you’re fairly compensated.

 

What are the legal rights of cyclists?

 

In the UK, cyclists are protected by several laws to ensure their rights are upheld in the wake of an accident.

There are three key pieces of legislation to be aware of should an accident occur:

The right to compensation for injuries: If a cyclist is injured as a result of another road user’s negligence, they have the right to claim compensation for medical costs, rehabilitation, loss of earnings, as well as pain and suffering.

 

The right to claim for bicycle damage: Cyclists can claim for any damage to their bike and any other personal property affected by the accident. This can include the cost of repair or, if a repair isn’t possible, the replacement of the bike.

 

Legal protection under road traffic laws: Cyclists also have the same rights and responsibilities as any other road user, whether in a car, on a motorbike, or even on horseback.

Under the current highway code, motorists are required to exercise caution around cyclists to prevent accidents and failure to do so can leave them liable.

 

What are the different types of cycling accident claims?

 

Cyclists can pursue various types of accident claims following a road accident.

If a driver fails to follow road safety rules and causes injury to a cyclist, the injured individual can claim compensation against the negligent driver.

This type of claim often arises from the driver not giving way, opening their car door without checking for cyclists or driving recklessly.

Another compensation claim could be pursued for drivers responsible for an accident leaving the scene. This allows cyclists to pursue a claim through the motor insurer bureau for a hit-and-run accident.

In some cases, cyclists may be involved in a road accident as a result of poor road conditions, such as potholes or poorly maintained roads.

In this instance, a claim can be made against the local authority as it is their responsibility to maintain safe road conditions.

 

How do I make a cycling accident claim?

 

Making a cycling accident claim may seem daunting, but the process becomes relatively simple once you have contacted a specialist cycle accident lawyer.

An experienced solicitor can guide you through the claims process, supporting you every step of the way and ensuring all the necessary evidence in your case is presented.

As part of this process, you must gather all supporting evidence, including medical records, photographs and videos, witness statements and police reports.

Compensation will then be assessed based on the severity of your injuries, any financial loss as a direct result and emotional distress caused by the accident.

From there, your solicitor will negotiate with the responsible party’s insurer and representatives to ensure you receive the best compensation package possible.

 

Why work with Wafer Phillips Solicitors for Cycling Accident Claims?

 

With more than 35 years’ experience handling road traffic accident claims, including cycling accident claims, we are proud to be a trusted name in Liverpool and beyond.

The Wafer Phillips team is on hand to offer tailored legal advice and support to help clients navigate what can feel like a rather complex and often stressful process.

We’re committed to ensuring cyclists involved in these accidents receive fair compensation, which is why we operate on a no-win, no-fee basis, so our clients never have to worry about legal fees if their claim is unsuccessful.

If you would like to learn more about how our friendly team can help you with your cycling accident claim, feel free to visit our Road Traffic Accidents page, or get in touch today by dialling 0151 256 7898 or send an email to enquiries@waferphillips.co.uk

How to claim following a road traffic accident: a step by step guide

Being involved in any kind of road traffic accident (RTA) can be highly traumatic. If you sustain injuries, then these can impact your daily life for months and years afterwards. Many people involved in RTAs subsequently lose their confidence as a driver, or even as a passenger, sometimes making it difficult to carry on in their profession or conduct their everyday life.

If you’re involved in a road traffic accident that wasn’t your fault, then you may be able to receive financial compensation.

Knowing how to claim for a road traffic accident, the time you have available to make a claim, and the evidence you will require is an essential first step in the process.

 

How long after a road traffic accident can you claim?

 

One of the key factors to remember when considering how to claim for a road traffic accident are time limits. Under the Limitation Act 1980, all personal injury claims, which includes RTAs, need to be initiated within three years of the date of the accident.

However, some exceptions do apply. If you were under the age of 18 when the injury occurred, the three-year claim period doesn’t begin until you turn 18, expiring when you reach 21. If you are under 18, someone may be able to begin a claim on your behalf prior to your 18th birthday.

If the injured party lacks the mental capacity to make a claim the time limit is frozen, allowing someone else to claim on their behalf. Should the injured party then recover their mental capacity, the time limit will be reinstated from the date of their recovery.

 

What to do after a road traffic accident

 

Immediately after a road traffic accident, you should ensure that everyone involved is safe and out of harm’s way. Any medical treatment that is required should be obtained as quickly as possible. If you think you may have grounds to make a claim, then you should arrange for a medical examination shortly after, as this will form the basis for your claim.

 

Common injuries from road traffic accidents

 

Some of the most common RTA injuries that may lead to a compensation claim include:

 

  • Whiplash

 

This is a neck injury that is often caused by rear-end collisions that create a sudden jerking motion

 

  • Fractures

 

Broken bones are a common outcome of RTAs. They may occur in various parts of the body, but typically impact arms, legs, collarbones, or ribs.

 

  • Concussions

 

A blow to the head can lead to a traumatic brain injury that can have a significant impact on the individual.

 

  • Soft tissue injuries

 

Sudden impacts can result in injuries to muscles, ligaments, or tendons.

 

  • Spinal injuries

 

RTAs can often lead to damage to the spine with a range of severity. Compensation claims are made for everything from minor sprains to severe damage to the vertebrae.

 

  • Internal injuries

 

Blunt force trauma caused by an RTA can lead to damage to internal organs, such as kidneys, liver, or lungs.

 

  • Psychological injuries

 

RTAs can be highly traumatic, leading to conditions such as post-traumatic stress disorder (PTSD). This can often impact on the ability of the individual to work, socialise, and carry out other aspects of their lives.

If you’ve been injured in any way during an RTA, it’s essential that you seek medical attention, and consult with a legal professional who can help you understand your options.

 

How to make a road traffic accident claim

 

If you’ve been injured as a result of an RTA, knowing how to claim for a road traffic accident is crucial.

You should report the accident to the police within 24 hours. This will count as valuable evidence to support your claim. You will also need to collect the names, addresses, and phone numbers of all those who are involved or who witnessed the accident. At this early stage it’s important not to admit culpability for any accident if you sincerely believe you were not at fault.

You should then contact a legal professional for advice about any potential claim. At Wafer Phillips, our experienced team will be able to advise about the strength of your claim and how to proceed.

 

What factors can affect your claim?

 

A range of factors will impact the outcome and potential size of any compensation that might be received.

The severity of the injuries, and the impact the accident has had on your daily life will be considered when reaching a compensation total. The cost of any medical care, your ongoing treatment, and rehabilitation will also be taken into consideration.

Establishing who was at fault for the accident will be a key element of your claim. If the claimant was partially responsible, then this may reduce the amount of compensation that you receive. The quality and quantity of evidence that you can produce, such as police reports, medical records, and witness statements, will all determine the likely success of your claim as well as the potential size of any compensation claim.

 

How long do road traffic accident claims take?

 

A straightforward road traffic accident claim might be settled within a few months, with more complex cases taking up to two or more years. Factors such as the complexity of the case, the severity of the injuries, and how cooperative the parties involved are, will impact on the time it takes.

 

Injured in a road traffic accident? How Wafer Phillips can help

 

If you’ve been injured in a road traffic accident, either physically or psychologically, then you may be entitled to compensation. Our experienced team can investigate your claim, offering confidential advice about the likelihood of success, and what you may receive in compensation.

Your solicitor will be with you through every step of the process and will continue to work hard to win you the settlement you deserve at the end of the case.

At Wafer Phillips, we adopt a no-win, no-fee policy, with no hidden charges for you to worry about.

 

If you, or someone you know, has recently been injured in a road traffic accident, don’t hesitate to contact us today on 0151 256 7898 for a free initial consultation.

What to do after a motorbike accident

What to do after a motorbike accident

Whether it is because of increased speed, inexperience, or being under the influence, there are many reasons why a motorbike accident can happen. There is no doubt that being involved in a motorbike accident can be one of the scariest experiences you may have. However, if you find yourself in this type of situation, it’s better to be well-informed so that you will know what to do if it happens.

Should you call the police after a motorbike accident?

One of the first instincts that many people have when they find themselves involved in a motorbike accident is to panic.  However, you should also consider who you need to call in this situation.  If you have been in a motorbike collision where no one has been injured and there are no allegations of driving offences, it may not be necessary to call the police.  The best thing to do in this scenario is to exchange details with whoever else has been involved.  However, it is vital that you report the accident to the police if details could not be exchanged with the other party, if someone was injured at the scene, or if you believe the other person has committed a driving offence.  By alerting the police when you are present at the scene of the accident, you will receive a police report after a police officer assesses the situation, which can be vital if you are going to make a claim for damages.

What information do you need following a motorbike accident?

When a motorbike accident has occurred, it is crucial that you gather information.  This can include pictorial evidence and videos of the location of the accident as well as the state of the motorbikes and the people involved in the collision.  It will also be useful to have a police report including any statements from witnesses as well as details of the date, time and location where it happened. Furthermore, any relevant medical records could be needed as well as the names and contact and insurance details of who you believe is responsible for the accident. All of this evidence can be used if you are making a motorbike accident claim later down the line.

When can you make a motorbike accident claim?

It can be difficult to know how soon you should make a motorbike accident claim after a motorbike collision occurs. Of course, it depends on how serious the situation is and how much harm has been caused. If you have been involved in a motorbike accident and no one has been seriously injured, it is wise to contact your insurance company on the same day to get started with a claim.  However, it isn’t a good idea to leave it too long before contacting your insurance company to start the claims process as there is usually a three-year time limit in the UK which applies to motorbike accident claims (from the date the accident occurred).

How to make a claim following a motorbike accident

The process of making a motorbike accident claim can be stressful to do alone which is why the help of the professional team at Wafer Phillips Solicitors is crucial.  As specialists in accident claims, we are dedicated to helping you make a claim if you have had a motorbike accident through no fault of your own.  Whether it is by assisting you in getting any compensation related to your recovery or helping you wade through the sea of trauma that has been inflicted because of the accident, we will support you every step of the way.

We simplify the process of making a motorbike accident claim by working with you to collect relevant and essential information to assess your claim.  By looking at evidence such as police reports, we will determine who is liable.  Furthermore, by conducting a medical assessment or involving an independent medical advisor, we aim to get you back to your pre-accident self.  Of course, we will then look at the compensation you are likely to receive and we will discuss this with the opposing party.  If they refuse and make an unsuitable counter offer, the issue will be taken to court where a judge will decide on the level of compensation you should receive.

So, if you ever find yourself needing to make a motorbike accident claim, why not consider turning to Wafer Phillips Solicitors? With a pool of knowledge, advice and support, we are always keen to guide you through the process of making a claim.

Contact us via telephone on 0151 256 7898 or by email to find out more about how to get started with your claim.

Why you need a motorcycle accident solicitor when making a claim

A motorcycle accident, no matter how minor, can be a traumatic event which can affect you both physically and mentally.  Immediately following an incident, you may not be aware of the fact you are able to make a claim, or it may be that years later you experience effects as a direct consequence of what happened. Motorcycle accident solicitors like Wafer Phillips understand that each claim needs handling differently and are there to help.

What can you claim for after a motorcycle accident?

you can make a claim if you have been physically injured after an accident, but also for the impact it has had on your mental health such as PTSD (post-traumatic stress disorder).  You can also claim for damage to your bike and clothing. If the accident wasn’t your fault, you may be able to claim for lost wages, medical bills, pain and suffering. You can claim for injuries to anyone riding with you too.

When can you make a claim following a motorcycle accident?

You should make a claim as soon as you possibly can because there is a statute of limitations on filing a personal injury claim in the UK.  For an accident you were involved in which wasn’t your fault, you have up to three years to make a claim. You may also consider making a claim too if you were partly to blame for the accident.

Why is it important to have the help of a motorcycle accident solicitor?

Experienced motorcycle accident solicitors will work with you to achieve the best possible outcome for your claim. If you have already been in a motorcycle accident, you will understand just how overwhelming the experience can be.  Having to navigate an aftermath of pain, recovery, prescription costs, loss of earnings and on top of that having to reach an agreement with insurance companies can all be extremely stressful.  For that reason, there is a risk that you decide to accept a compensation offer that doesn’t accurately reflect the impact the accident has had on your life. Indeed, you may not even realise the things you can claim for.  If you don’t know what motorcycle accident solicitors can and will do for you, then read on:

They will explain the legal process

Whether you receive compensation or not depends upon many complex factors, and if you are unfamiliar with the law on motorcycle accidents it’s easy to feel completely out of your depth.   This is where the legal specialist will help, not only in providing you with valuable support but by ensuring you understand fully your legal rights and the bearing they have on your case.

They will collect evidence​

Motorcycle accident solicitors are there to help you to build your case.  You need to collect evidence to prove the accident occurred and caused your injuries, that you suffered damages as a result, and another’s negligence caused the accident.  They will help you collect things like photographs of the scene, usually from the police but maybe also from people who were taking pictures with mobile phones at the time (it happens).  Eyewitness statements, medical and police records are also important because together they can demonstrate the cause of the accident and who was actually responsible.  Think about it. A motorbike accident can happen in an instant, and even though you’re involved, you may not know the reason why it occurred. A lawyer will be on the trail of evidence to answer that question for you

They’ll wait

Although a claim needs to be made quickly, you don’t want to rush into the process when you don’t know the extent of your injuries and how long recovery might take.   Let’s face it; without knowing the long-term prognosis it could mean you don’t receive adequate compensation for what has happened to you.  By ensuring they have all the evidence, can understand the extent of your recovery, and have details of all your past and future medical expenses, they can then work out the compensation you require.

They’ll help you get medical aid

If the accident involves life-changing injuries, you’ll need the best medical help.  You may require specialist therapies and equipment. Motorcycle accident solicitors can not only help with this but obtain the support of medical professionals who can describe the long-term effects of the accident and who will be able to appear in court on your behalf if necessary.

They’ll be able to quantify your claim for…

∙Medical expenses

This will be the amount you need to pay for your medical treatment. While the NHS is brilliant when it comes to essential medical treatment, there may be costs incurred for things like physical therapy. If this is ongoing, the amount of compensation you receive needs to take this into account.

∙Pain and suffering

This is a hard one to quantify, but again, it is something that a legal expert will consider when calculating how much you receive.

∙Loss of earnings

Not only will your solicitor calculate the income you will have missed out on as a consequence of the accident but also work out future earnings that may be lost, as well as money relating to any disability you may suffer.

∙Damage to property

This could be for the repair or replacement of your motorbike or the funds to clear the debt if it is one you have rented.

Motorcycle accident solicitors will also employ medical professionals to interpret medical records obtained from your doctors and serve as an intermediary between you and your medical team.

How Wafer Phillips can help with motorcycle accident claims​

Your motorcycle accident solicitors at Wafer Phillips can get a real grasp on the value of your claim and argue the case with your insurance company for a specified amount based on your specific circumstances.  If this sounds like something you would like to pursue and you would like to talk to one of our motorcycle accident solicitors then do not hesitate to contact us to arrange a no-obligation consultation.

What happens to uninsured drivers in an accident?

According to the Motor Insurers’ Bureau (MIB), uninsured drivers account for more than 26,000 accidents annually.

While it is a legal requirement in the UK to ensure your vehicle is adequately insured, there are, unfortunately, many drivers who choose to legally and financially put themselves at risk.

But what happens to uninsured drivers in an accident?

What happens if you are an uninsured driver?

First, it is important to state that it is illegal to drive a car in the UK without insurance.

If a driver is injured as a result of an accident, they are entitled to make a claim if there was negligence involved on the part of the other motorist involved – irrespective of whether they are insured or not.

There are some legal rights that uninsured drivers have if they are involved an accident. However, they will still face charges from the police. Being discovered to be driving without insurance alone will result in a £300 on-the-spot fine and six to eight points added to a driver’s licence.

In more serious cases, they may be arrested, face a driving ban, and have their vehicle seized.

Additional fines can also be applied, up to as much as £5,000, depending on the circumstances.

What happens if you are hit by an uninsured driver?

Being involved in any car accident is scary, but the most important thing is to stay calm and collect as much information about the other driver and their vehicle as possible.

This will include the following:

  • The make, model and registration of the car
  • The name and address of the other driver
  • The details of witnesses and photos of the damage to your vehicle

You should also call the police to report the collision as soon as possible, and tell them the other driver is uninsured. In some instances, failing to do so will be considered an offence and could result in fines and penalties.

When making a claim, the UK’s laws are clear, so if you have been in an accident with an uninsured driver that has left you physically harmed or caused you to suffer financial loss, you may be entitled to compensation.

What happens if you are at fault for the accident?

If you are the driver at fault for an accident where you sustained an injury, in most cases you will not be able to make a compensation claim.

The only exception is if the other driver was also partly to blame, in which case a claim may be pursued.

However, in terms of insurance claims, the other uninsured driver should still be able to claim from your insurance policy despite not having insurance themselves.

You should also be able to claim to cover any damage to your vehicle.

Why is it important to ensure your car is fully insured?

Not only is having car insurance a legal requirement, but it also gives you financial protection in the event of an accident.

Some insurance will even cover claims where you are at fault for the accident and have caused injuries to others.

How to make a claim against an uninsured driver?

Being injured in a road traffic accident (RTA) can be incredibly distressing, but then finding out that the driver who caused the accident is uninsured can be cause for further concern.

However, if you are involved in an accident with an uninsured driver, you may be entitled to claim compensation through the MIB.

The MIB is a national mechanism which provides compensation for victims of accidents caused by uninsured and untraced drivers.

The organisation pays a set amount of money every year to ensure victims of road accidents receive the compensation and support they are entitled to. Ultimately, its aim is to assist the police force in removing uninsured vehicles from the road and keep the public safe.

If you have been involved in a road traffic accident with an uninsured driver, our team is here to help.

At Wafer Phillips, we understand that RTAs can often be traumatic, which is why it is our job to ensure that you don’t have to suffer financial and other hardships as a result of someone else’s negligence.

To find out more about RTAs involving uninsured drivers, visit our dedicated page.

If you have any questions or think you may be entitled to make a claim, don’t hesitate to contact our team today on 0151 256 7898 for a free initial consultation.

Can you make a claim for an accident on a motorcycle?

Compared to other road users, motorcyclists are much more likely to die or suffer serious injuries if they have a road traffic accident.

Even during the Covid 19 pandemic with a nation in lockdown, figures show that 285 people died as the result of a motorcycle accident .

It’s a fact that motorcyclists are amongst the most vulnerable of road users and as a consequence the majority of motorcycle accidents happen because drivers don’t see them in their path. That doesn’t mean accidents are entirely the fault of people in other vehicles. Motorcycle accidents can occur for a number of reasons resulting in injury or even death.

What are the most common motorcycle accident injuries?

  1. Head injuries

Motorcycle users must wear approved safety helmets, not only because it’s a legal requirement in the UK but because head and neck injuries are the most common in motorcycle accidents.

Helmets which comply with British safety standards are very effective when it comes to cushioning this, the most important part of the body and can make the difference between life and death when someone is involved in a motorbike accident. However, head injuries are very serious and can lead to life changing injuries.

  1. Road rash

You might think that when you fall off your motorcycle at speed and skin is damaged in the process, that it will eventually heal. But the impact of falling on the ground and then maybe sliding along a hard road for several yards can cause serious injury. Not only will there be cuts and bruises but there may be long term effects such as irritation, infections, and nerve damage. To reduce the risk of skin abrasions, motorcyclists are always encouraged to wear protective leather jackets, thick gloves, and padded pants.

  1. Leg injuries

Legs, knees, and feet can all become damaged when a person is involved in a motorcycle accident. These may not be as life-threatening as head and neck injuries, but they could potentially be life-changing and result in a person being unable to return to the life they had before.

Amputation, long term muscle pain and the inability to walk unaided can all seriously impact on a person’s life. And like any serious injury the consequences on overall physical and mental health can be affected.

  1. Loss of hearing

When someone travels at high speed the pressure that is placed on the ears can lead to damage of the eardrums. Hearing loss could also be the result of a collision.

  1. Fractured bones

Because motorcyclists don’t have the same protection as someone in a car or van, their body will bear the brunt of any road accident. The only thing between them and the hard road is a helmet and leathers and while they may lessen the impact, the possibility of bone fractures is likely. Arms, wrists, ribs, or pelvis can all be broken during such an accident and recovery can take several weeks or even months.

 When can you make a motorcycle accident claim?

If you are involved in a motorcycle accident that wasn’t your fault, then you can make a claim within three years of the incident happening.

 Can you make a claim if you are partly to blame?

The short answer is yes. Although, somebody else must also be to blame. The law says that we should take responsibility for our own safety. This means that if you did something careless, like overtaking a car on the inside of slow-moving traffic you could be considered partly to blame, as this would be deemed contributory negligence. Basically, even if the other party did something reckless, the accident would probably not have happened had you not made this unsafe move.

How much compensation can you get for a motorcycle accident claim?

Compensation for motorcycle accident claims always depends upon multiple factors, such as how severely injured you are and the length of treatment that you might need.

For general damages, a medical assessment is needed as part of the claims process, and a report would be created to show just how severe the injuries are that you suffered and confirm that they were either caused or exacerbated by the accident. Most personal injury compensation is made up of general and special damages. So, if you have lost earnings because you haven’t been able to work then, you would receive special damages. Financial losses must be proven through banks statements, involves etc.

In cases where you were partly to blame the compensation will be reduced.

Contributory negligence is assessed in terms of percentage, which will vary according to the circumstances of the accident – for example, you are 30% to blame and the other party is 70% to blame. This means that the amount of compensation you can get is reduced by the same percentage. So, if you were awarded £10,00 and were 30% at fault, you’d get the £10,000 compensation, minus 30%, which is £7,000.

 How to make a motorcycle accident claim

  1. Get medical attention

If you’ve been involved in a motorcycle accident, it’s essential to obtain medical attention as soon as possible. This could be at the scene or later, but your injuries must go on record, however minor. It is also possible that any injuries could develop into something more serious later.

  1. Collect evidence

You may have dashcam footage or be able to take photographs with your phone of damage to your bike, clothing, property, and injuries, all of which will help with a claim.

  1. Witness statements

Obtaining names and contact details of anyone who might have seen what happened with also be helpful when it comes to motorcycle accident claims.

  1. Inform the police

Again, getting details of the accident on record, is something you should do and will help your claim.

  1. Inform your insurance company

This is another essential step as failing to let your insurance company know what happened could invalidate your insurance.

  1. Contact a solicitor

Once you have contacted a solicitor, you’ll be able to commence the claims process. They will take you through everything step-by step and advise you of the best course of action.

If you want to know more about motorcycle accident claims click here and we will be happy to help in any way we can:

What evidence do you need for an RTA?

If you are involved in an RTA, the more evidence you collect the better your chance of a successful claim. Even if you come out of the accident worse off, you may not be entitled to compensation unless you can prove that you were not at fault. Evidence is often key to getting the compensation you need, however in many claims following an accident it all comes down to one person’s word against the other. If that is the case, all is not lost as police reports and accident reconstructions may be used to determine what has happened and who is responsible.

How much is ‘enough’ evidence?

When you are involved in an RTA there are steps you should take in order to ensure you have a good chance of your case succeeding.

Ideally you should have:

Photographic evidence

Most of us have cameras on our mobile phones and can take pictures of the scene of the accident to help determine what has happened. Taking pictures of any injuries sustained in the accident is also something you should do.

Video evidence

Even more powerful than photographic evidence is video evidence. Many of us now have dashcams which are attached to the inside of the car and which can reveal exactly what happened. The dashcam can show how you tried to avoid the accident, whether you were driving in a dangerous environment and who is liable. 

Witness statements

If there are witnesses you can ask them to make a statement and leave their contact details. Taking their statement as soon as you can will ensure that the incident is fresh in their mind.

Police reports

The police can be vital witnesses when it comes to proving who is responsible for the RTA. They’ll have notes, statements from you and the other person involved in the accident and evidence from the scene, and will file reports that discuss what happened for the accident to occur. Their input is invaluable as it is completely objective. 

A diary of events

By keeping a diary of what happened during and after the accident you won’t have to try to recall any minor details weeks or months later.

You can never have enough evidence however, there are ways a claim can be made even if you have been unable to take pictures and collect witness statements. Relevant to this will be receipts and other documentation that proves you suffered financially as a result of the accident.

This could be loss of earnings or paying for specialist treatment. Any documents that prove you have suffered financial damage as the result of the accident will be useful. Doctors’ notes showing the extent of your injuries and what you need to help you get back to where you were before the accident are also important.

Does everybody need a dashcam now, or can we rely on security cameras?

While dashcam evidence can be important you don’t need one in your vehicle in order to get video evidence of what happened. CCTV is pretty much everywhere these days so unless your RTA happens in the back of beyond it could be the way to prove irrefutably that the accident was someone else’s fault. According to the Data Protection Act 1998 you have the right to access information that is held about you by another party, therefore you are entirely within your rights to request CCTV footage of your accident.

Is it one person’s word against another? Whose carries more weight?

As far as the law is concerned, one driver’s word isn’t any better than the other’s. If there is no evidence, or witness statements, police reports, videos and photography are used to determine whether you have a claim.

What role does the police have? For example, assessing the site of the accident

The role of the police can be important when finding evidence in an RTA claim. You don’t need to report an RTA to the police if you’ve exchanged details, nobody was hurt and there are no allegations of driving offences involved, however you must report the collision to the police if you were unable to exchange details at the scene, if anyone was injured, or if you suspect that the other person may have committed a driving offence. 

https://www.met.police.uk/advice/advice-and-information/rs/road-safety/collisions/

RTAs can be an extremely complex business, especially when you have little evidence to prove that another person is to blame but at Wafer Phillips, we understand this and will try to make the process as straightforward and stress free as we possibly can. Contact Us today for more information about Road Traffic Accidents.

 

Wafer Phillips Solicitors