Typically, legal proceedings due to poor road design, will be against a local council. This can be on the basis that they to have failed to install proper signs maintained proper design or maintain a A road, high street or motorway. A road traffic accident compensation claim may also include a product liability claim lodged toward the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. Also, if a car mechanic or garage left a car in an unsafe condition, liability may fall within their responsibility.
Unique Situations Unique situations can often arise in a road traffic accident compensation claim which make the legal proceedings more difficult. All parties involved may be liable for potential injuries and this will be considered during the course of any legal proceeding. Various issues that can arise from the accident itself include:
Leaving the scene of an accident: Is not so uncommon in the UK where the driver who causes an accident fails to stop at the place of the accident. This will make it difficult for the injured party involved make a positive ID and therefore bring the driver to court.
Pedestrians and Road Accidents: In such situations, a member of the public can suffer serious injuries as a result of a collision with a vehicle. Often time the conduct of the pedestrian is called into question making it difficult to make a claim against the driver.
Motorbike & Car Accidents: Motorcyclists are very much at risk in regards to personal injury when involved in a road traffic accident, even in collisions which would be relatively minor had they occurred between cars. Due to the nature of some motorcyclists, it may be prove difficult to obtain a far hearing from a jury as they're commonly deemed 'wreckless' road users even if the other party is clearly at fault.
Bicyclists & Car Accidents: Bicyclists are among the most vulnerable road users. They are more likely to sustain serious injury when hit by cars or other vehicles. Various hazards such as doors opening in front of them are obvious causes of collisions as well as many others. Cyclists are often caught in the drivers blind spot and they often report that they did not see the bicyclist until it was too late.
Buses & Car Accidents: Bus accidents can also be quite serious. Due to the sheer size, passengers carried, a collision with a bus will not only see other road users worst off, but unmanaged passengers can also add to the already heated mix of a road accident. Any road traffic accident compensation claim will also be taken up with the operator of the bus not just the driver.
Unsafe road conditions: Where things like road debris and poor, uneven road surfaces abound, accidents can be common place. Whether this is in the form of parts which have fallen off of vehicles, or debris that is kicked up from the roadway, it can all be used as evidence in a road traffic accident compensation claim if the driver believes this was the cause of the accident.