Archive for the 'Children accidents' Category

Published in CV Driver April 2011.

This is the fourth in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article outlines how different companies view accident claims, and the tactics used by some to encourage injured victims to deal direct with them.

Published in Motorcycle Monthly April 2011. 

It’s happened.  You’ve had a road accident.  But what do you do now?  MCM has the answers…

In the second of a two-part feature, solicitor and biker Steven Hinchliffe outlines when and how to make claims for any personal injury and property damage following a road accident, and considers the basic elements that need to exist for the claim to be successful.

WHO WAS RESPONSIBLE FOR THE ACCIDENT?

For a compensation claim to be successful, you must show that the accident has occurred because of the negligence or fault of the other driver or road user.  If their “duty of care” to you is breached and as a result you are injured, then it is highly likely that you will have grounds to recover compensation.

Published in Motorcycle Monthly March 2011. 

It’s happened.  You’ve had a road accident.  But what do you do now?  MCM has the answers …

In the first of a two part feature, solicitor and biker Steven Hinchliffe outlines some of the issues that should be considered following the unfortunate event of a road accident, plus offers guidance on the initial steps to take.

WHAT TO DO IMMEDIATELY AFTER THE ACCIDENT

Before you think of anything else, switch off your bike and get away from any fuel spill.  Then take a note of relevant details: it’s useful to keep a pen and paper under your bike seat, together with a copy of your insurance certificate, for this type of situation.

If you are injured or in shock you may not be able to obtain all the information you need, or maybe overlook things in the immediate aftermath, but it is important to record as much of the following as possible:-

Malvern solicitor Steven Hinchliffe outlines some of the issues that should be considered following a road accident, and which can easily be overlooked in the immediate aftermath.  This note offers guidance on the initial steps to be taken.

Steven Hinchliffe is the Principal of Hinchliffes Solicitors which firm specialises in personal injury compensation claims and handles accident at work, road accident and many other types of cases throughout England and Wales.  Even so, many clients of the firm are local to Malvern and the surrounding towns of Ledbury, Upton upon Severn, Tewkesbury, Pershore, Evesham, Droitwich, Redditch, Tenbury, Bromyard and the cities of Hereford and Worcester.

WHAT SHOULD I RECORD AFTER AN ACCIDENT?

Before you think of anything else, switch off your ignition and get away from any fuel spill.  Then take a note of relevant details and it is useful to keep a pen and paper with you, together with a copy of your insurance certificate, for this type of situation.

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

In February 2010 in the personal injury case of Richardson v Butcher the Court held that the defendant driver had been negligent in hitting an 8 year old child running out from the pavement into the road causing injury, even though in her defence it was found reasonable that she had been concentrating on the vehicle immediately in front of her which was making a turn.

The judge, Burnett J, held that the injured 8 year old child had been in the road for at least 2 seconds and was therefore “there to be seen”. The defendant not seeing the child amounted to a failure to keep a proper look out and she was therefore negligent as her diving had fallen below the standard of care required of a road user.

In February 2010, in the personal injury compensation claim case of Stanton v Collinson, the Court of Appeal upheld the initial trial judge’s decision that a 16 year old male front seat car passenger who had suffered serious brain damage in a road accident had not been contributory negligent, even though he had carried another passenger on his knees and neither had been wearing seat belts.  The Court of Appeal found that the trial judge was in the best situation to consider the evidence and decide whether the wearing of a seat belt would have reduced the injuries sufficiently to justify a reduction in compensation for contributory negligence.

The Motor Insurers’ Bureau (“MIB”) was established in 1946 as an organisation to deal with road accident compensation claims by innocent victims who have suffered personal injury or damage to their property because of a negligent uninsured or untraced driver.

Every insurance company underwriting compulsory road accident claim motor insurance is obliged to be a member of the MIB and to contribute to its funding.  One out of every 20 drivers is uninsured!

The MIB must pay compensation where the negligent driver is found to be responsible for personal injury or damage to property arising from a road accident.  The MIB stands in place of the guilty party’s insurers and investigates issues of liability and valuation in the same way as in any other road accident compensation claim.

If you have accidents on holiday (either in the UK or abroad) and want to pursue personal injury claims, as long as the “holiday package” was booked through a tour operator in the UK and what you were doing at the time of the accident was part of that package, then you may be able to make an injury compensation claim against the tour operator for your injuries and any related financial losses.  In this situation the personal injury compensation claim would fall under the jurisdiction of the Courts of England and Wales and can therefore be handled by any UK solicitors experienced in personal injury claims

Under the Package Travel, Package Holidays and Package Tours Regulations 1992 a tour operator can be held responsible for all of the services provided as part of a package holiday.  This can include:-

Hinchliffes Solicitors, a leading firm of personal injury compensation claims solicitors, say that recent research shows the number of children and young people injured in road traffic accidents in the morning rush hour has reduced considerably.  Between January and June 2008 there were 344 road accidents involving children, but for the same period in 2009 this number dropped to 228.  Some commentators suggest the recession may be linked to the reduction in this type of accident, occurring at the time of the morning “school run”.

Solicitor Steven Hinchliffe, who is the Principal and owner of Hinchliffes Solicitors, said:  “Fuel prices and the other overhead costs involved in running a car have become a great burden on many families during the current economic downturn.  Many parents are now walking their children to school rather than travelling in the family car.  Fewer car journeys have resulted in a reduction in accidents, and which is a good thing.”