Road traffic accidents are one of the most common causes of serious personal injury in England and Wales. Whether you were a driver, passenger, motorcyclist, cyclist or pedestrian, if you were injured through no fault of your own you may have a valid road traffic accident claim for personal injury compensation.
At Curtis Legal, we specialise in road traffic accident claims on behalf of clients and their families across England and Wales. We act on a no win, no fee basis, so there is no financial risk to you in pursuing a road traffic accident claim
Find Out If You Have a Claim — Free, No Obligation Simon Jenkins will assess your case honestly. No win no fee for qualifying personal injury claims.
What Is a Road Traffic Accident Claim?
A road traffic accident claim arises where you have been injured in an accident on a public road or highway, and another party was at fault. Road traffic accident claims can arise from a wide range of circumstances, including:
- Car accidents caused by another driver’s negligence
- Rear-end collisions and whiplash injuries
- Accidents involving uninsured or untraced drivers
- Motorcycle accidents caused by other road users
- Cycling accidents involving vehicles
- Pedestrian accidents at crossings or pavements
- Bus and taxi passenger injuries
- Accidents caused by defective road conditions
The key question in any road traffic accident claim is whether another party was responsible for the accident. In many cases this is straightforward — for example where another driver ran a red light or drove into the back of your vehicle. In others, liability may be disputed and we will need to investigate the evidence carefully
Who Can Bring a Road Traffic Accident Claim?
You may be entitled to bring a road traffic accident claim if you were:
- A driver involved in a collision caused by another driver
- A passenger in a vehicle where the driver was at fault
- A motorcyclist injured by another road user
- A cyclist struck or forced off the road by a vehicle
- A pedestrian struck by a vehicle
- Injured as a result of a defective road or highway
The Motor Insurers’ Bureau provides a route to compensation where the driver at fault was uninsured or left the scene — so even hit-and-run road traffic accident claims may be pursued.
When Do Road Traffic Accident Claims Succeed?
A road traffic accident claim is likely to succeed where another party’s negligence caused or contributed to the accident. Common examples include:
- Driving without due care and attention
- Failure to observe traffic signals or road markings
- Tailgating and driving too close
- Speeding or dangerous driving
- Driving under the influence of alcohol or drugs
- Using a mobile phone while driving
- Failing to give way or check mirrors when changing lanes
Where any of these failures caused your accident, there may be strong grounds for a road traffic accident claim. We will assess the evidence carefully — including police reports, witness statements, dashcam footage and medical evidence — and advise you honestly on the strength of your case.
Find Out If You Have a Claim — Free, No Obligation
Simon Jenkins will assess your case honestly. No win no fee for qualifying personal injury claims.
What You Should Do After a Road Traffic Accident
If you have been involved in a road traffic accident, the following steps will help protect your road traffic accident claim:
Seek Medical Attention Immediately
Even if you feel well, get checked by a GP or at A&E. Many road traffic accident injuries — including whiplash and soft tissue damage — only become apparent hours or days later. Your medical records are essential to your claim.
Gather Evidence at the Scene
If safe to do so, take photographs of the vehicles, road layout, traffic signals, skid marks and any injuries. Note the other driver’s name, registration, insurance details and contact information.
Get Witness Details
If anyone witnessed the accident, take their name and contact details. Independent witness evidence can be invaluable in a road traffic accident claim.
Report the Accident
Report the accident to the police if required and to your own insurer. Do not admit liability at the scene.
Contact a Specialist Solicitor
Our team will review the circumstances of your road traffic accident claim and give you a clear, honest view of whether a claim is likely to succeed — at no cost and with no obligation.
What We Need to Prove in a Road Traffic Accident Claim
To bring a successful personal injury claim for a road traffic accident, we will need to establish three things:
Duty of care. All road users owe a duty of care to other road users and pedestrians. This is almost always straightforward to establish.
Breach of duty. The other party’s driving fell below the standard a reasonable, competent driver would have maintained. This is established through the evidence gathered — police reports, witness statements, dashcam footage and expert accident reconstruction where necessary.
Causation. The breach of duty directly caused or materially contributed to your injuries. Medical evidence is essential to establish the nature, extent and cause of your injuries.
The time limit for bringing a road traffic accident claim is generally three years from the date of the accident. Where a child was injured, the three-year period runs from their 18th birthday. Where a loved one has since passed away, different rules apply and you should contact us promptly.
Road Traffic Accident Claims — Compensation Outcomes
Every road traffic accident claim is different, and the amount of compensation awarded will depend on the nature and severity of your injuries, the impact on your daily life and work, and any financial losses you have suffered. Compensation in road traffic accident claims typically covers:
- General damages for pain, suffering and loss of amenity
- Loss of earnings — past and future
- Medical treatment and rehabilitation costs
- Travel expenses
- Care and assistance costs
- Vehicle repair or replacement costs
We will always give you a realistic assessment of what your road traffic accident claim may be worth once we have reviewed the facts of your case.
Our No Win, No Fee Promise
We act exclusively on a conditional fee agreement — commonly known as no win, no fee. This means:
- There are no upfront costs to pay
- If your road traffic accident claim is unsuccessful, you pay nothing — we absorb all the costs incurred
- If your claim succeeds, we recover our base costs from the other side, and under the terms of the agreement we are entitled to a success fee. This is capped at 25% of the damages awarded, and certain elements of your compensation are ring-fenced so you receive 100% of those amounts
- We guarantee that in the event of a successful outcome, you will receive at least 75% of the total compensation awarded
There is no financial risk to you at any stage of your road traffic accident claim.
What Our Clients Say
“The service I received was excellent. The person who dealt with the case was very helpful and I would have no hesitation in recommending your services.”
“Excellent service throughout. The person who dealt with my matter was excellent and very helpful. I was very happy with the time it took and the outcome. There was no fuss and no trouble and not much work to be done by me as Curtis Legal did all the work on my behalf.”
“The service that I received was excellent with good solid advice. The person dealing with the matter was great support and very helpful. I would definitely use your service again but I hope I don’t have to.”
Frequently Asked Questions About Road Traffic Accident Claims
Can I claim if the accident was partly my fault?
Yes. England and Wales operate a system of contributory negligence — if you were partly at fault, your compensation may be reduced by a percentage reflecting your contribution, but you may still be entitled to recover a proportion of your losses through a road traffic accident claim.
How long does a road traffic accident claim take?
Many straightforward road traffic accident claims are resolved within 12 to 18 months. Where liability is disputed or injuries are serious, cases can take longer. We will keep you updated throughout.
Can I claim if the other driver was uninsured?
Yes. The Motor Insurers’ Bureau handles road traffic accident claims involving uninsured and untraced drivers. We will guide you through the process.
What if I was a passenger?
Passengers can always bring a road traffic accident claim — you bear no responsibility for the accident as a passenger and can claim against the driver of the vehicle you were in or the driver of another vehicle, depending on the circumstances.
Can I still claim if I did not go to hospital at the time?
Yes, though it is always better to seek medical attention promptly. A delayed road traffic accident claim can still succeed, but the medical evidence will need to clearly link your injuries to the accident.
Speak to Simon Jenkins and the Team Today
If you have been injured in a road traffic accident, do not wait. Time limits apply to road traffic accident claims and early action preserves the best evidence.
Call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
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