Archive for the 'Holiday 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 Truckstop News April 2011.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider how “YOUR ACCESS TO JUSTICE IS IN JEOPARDY”  

I was recently involved in a financial transaction and received very poor service from a high street bank.  As a result I incurred several thousand pounds of expenditure I had not bargained for.  I made a formal complaint and claimed my losses, but the bank refused to deal with the matter.  I therefore involved the Financial Services Ombudsman and although I do not know what the outcome will be, there is now an independent party considering the merits of my complaint, and if it is upheld they will require the bank to compensate me.

How is this relevant to someone wanting to make a claim for personal injury compensation?  Let me explain.  If you are injured in an accident and the party responsible refuses to pay compensation, you can put your case before a Judge at a trial (ie an independent party).  If they find in your favour they can assess the amount you should receive for your injuries and financial losses, and require your opponent to pay this, together with your legal costs.

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.

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:-

A man who was unable to work for 5 months after being trampled by a herd of cows is to receive over £10,000 in personal injury compensation from the negligent landowner.

Inspector Chris Poole made his injury compensation claim for injuries including a punctured lung; 4 broken ribs and a severed artery, which he suffered when he was crushed by a herd of around 30 cattle while walking his dog on the Sussex Downs.

Roads present a dangerous challenge, especially when you have to cope with icy roads, bad weather and increased congestion caused by seasonal holiday traffic, not to mention the reckless behaviour of drivers who may have been drinking alcohol or distracted by a phone call.  One lapse in concentration and you could become involved in a road accident claim.

10,000 road accidents occur every day, which result in 300,000 injuries, and many of these incidents ending up with road accident claims being made against the negligent driver.  Factors leading to accidents include vehicle failure and the poor condition of the roads themselves, but 90% of accidents are as a result of human error.

Published in Truckstop News July 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “ACCIDENTS ON HOLIDAY – HOME AND AWAY”.

If you were on holiday either in the UK or abroad and had an accident, 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 claim compensation against the tour operator for your injuries and any related financial losses.

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

A rambler who suffered injuries when walking on a rickety footbridge has won £3,000 in her accident compensation claim.  Mrs B Green was walking along a public footpath at Combe Haven Valley Nature Reserve, and as she went over a wooden bridge a section of the planking collapsed.

As a result of the accident Mrs Green suffered factures to her 2^nd and 3^rd metatarsals, cuts to her shin and bruising to her groin.

The local council defended the accident claim, stating that she should have seen the defect and stepped over it.  However, they admitted having no formal inspection regime for the bridge as it was in a rural location.

All inclusive cruises and foreign holidays are more popular now than ever, but people may not realise the action they can take if they suffer an injury or become ill while abroad.

If an accident happens, it may be possible to make a personal injury claim under English law if any holiday lasting for more than 24 hours was bought as a package for an inclusive price, and comprises at least 2 of the following items – transport (eg by road, rail, sea or air), accommodation, other tourist services (eg a pre-booked excursion or activity).  The same applies if a medical condition or illness is suffered, such as food poisoning.