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 CVDriver January 2011.

This is the first 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 first article deals with the basic elements that need to exist for a successful claim for personal injury compensation to be made following an accident.

Published in Truckstop News September 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “READERS’ SUCCESSFUL ‘REAR END SHUNT’ ROAD ACCIDENT CLAIMS”

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned in these articles are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of the names referred to.

Published in Truckstop News August 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “HOW COMPENSATION FOR ACCIDENT RELATED INJURIES IS CALCULATED”

In this article I set out the basic procedures for working out how much money an injured person should receive to compensate them for the injuries they have suffered in an accident caused by the negligence of another person or company.  Awards of compensation made by the Courts in England and Wales are some of the lowest in Western Europe; therefore it is essential that every avenue is explored to ensure that the injured person is as fully compensated as the law permits.

Sometimes the injured person is found to be partly responsible for the accident, and in that case the amount of compensation they receive is reduced by a certain percentage to reflect their share of the blame.  For example, in a head on car accident both drivers may be held equally responsible and therefore once the full value of the injuries and the full extent of the injured person’s financial losses are established, only 50% of this would be due.  Also, if someone involved in a car accident was not wearing their seatbelt and this resulted in their injuries being more severe than would otherwise have been the case, they would lose between 15% and 25% of the full compensation, depending upon the individual circumstances.

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 the recent personal injury compensation case of Osei-Antwi v. South East London & Kent Bus Co Ltd decided by the Court of Appeal in January 2010, the Court reversed an earlier decision by a judge who decided that a pedestrian was guilty of contributory negligence by standing lawfully on a pavement when she was hit by a bus which had unlawfully mounted the same pavement.

The rear of a bus, while turning a corner, mounted the pavement and hit the female pedestrian.  The judge in the lower Court found that notwithstanding the woman was standing on a designated pavement area she was very close to the road and had not kept a proper look out for the bus.

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.

Published in Truckstop News May 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPACT OF THE NEW PROCESS FOR DEALING WITH ROAD ACCIDENT CLAIMS”

From 30 April 2010 there will be an entirely new process for dealing with road accident claims involving a personal injury.  This has been forced through by the Government, acting under pressure from insurance companies, and it will affect all cases where the overall value of the claim is less than £10,000.  In practice, this will include the overwhelming majority of road accident compensation claims.  However, what are the implications for you – can you be sure that your case will be properly conducted by your solicitor and that you will receive the full amount of compensation you are entitled to?

Published in Truckstop News January 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers “THE PITFALLS OF DEALING DIRECT WITH INSURERS IN A ROAD ACCIDENT CLAIM”

This article looks at the very beginning of road accident claims, how they are funded and the pitfalls to be aware of, particularly regarding insurance companies.  However, similar issues could apply to any type of accident compensation claim.

For many commercial entities involved in the personal injury claims business, an accident is purely a commodity to be bought and sold.  Despite the apparent lack of openness, almost all insurance companies will trade a claim for cash, potentially exploiting the injured party rather than protecting their interests.  Many insurers may soon be launching advertising campaigns to persuade the public to deal with them direct, but concealing their real motivation.

Like all injury compensation claims, a road accident claim can only be pursued by solicitors.  Adverts from claims companies on TV, on the Internet and in newspapers might suggest they will handle each case personally, but this is incorrect.  They actually sell the claim to solicitors on their appointed panel, often for a price of between £600 and £800.  The chosen solicitor will usually handle the matter on the basis that the injured person pays no legal costs, but some claims companies either charge a set amount or take a slice of the compensation once the case is successful, and which can amount to a substantial figure.  Before responding to this type of advertising, why not do some research and find a firm of specialist claims solicitors with a proven track record, and deal with them direct.