Personal Injury Claims in Winter
3 December 2020 by Rhian Lowe
As the winter months and cold weather continue, the risk of weather-related personal injury claims can increase. But who’s responsible for making sure public areas are safe during the icy months? And what steps are involved in making a personal injury claim?
Do you notice a rise in personal injury claims during the winter months?
Yes – road conditions are often more hazardous during the winter months and darker nights and poor street lighting also lead to a rise in tripping accidents.
Talk us through the process of making a personal injury claim.
The first thing to do is to contact a Solicitor. More often than not they will offer a 30-minute free appointment where they can go through the merits of your case and discuss with you the next steps.
What information does someone need to provide to their solicitor when making a personal injury claim?
The nature of the claim will dictate the information required. However, the accident date, vehicle registration, accident location, third party details will always be required. If the accident happened on a public footpath or was a tripping accident then photographs of the defect that caused the injury would also be useful together with relevant measurements.
If an accident is caused by bad weather, what are your rights for making a personal injury claim?
It all depends upon the accident circumstances. If no one else was at fault and the accident was caused purely by the bad weather then there may not be a claim to be pursued. However, if someone has not adjusted their driving in accordance with the weather conditions then it would not impact on your rights to bring a claim against that person. In addition, if there is snow and ice on a small country road then there may not be anyone responsible for causing an injury but if there is ice at the entrance to a frequently used shopping centre then there is probably a claim that can be pursued. It will very much depend upon the circumstances of the accident.
Who is responsible for making sure public areas are safe in icy conditions?
Again, this will very much depend upon the accident circumstances. There may not be anyone responsible for gritting an area, but more often than not if there is a particularly built-up area then the Council or the owners of the land will have responsibility to render that area safe. If you are aware of a particularly dangerous patch of road or a particularly treacherous part of town then you should report this to the Council wherever possible so that they are made aware of the danger and can take steps to rectify this.
Personal injuries can happen at any time of the year. If you have been involved in an accident and have suffered a personal injury as a result, please contact Rhian Lowe for a no-obligation assessment of your case – call 01206 700113 or email [email protected].
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