Dealing with road work accidents can be a distressing scenario, but you may be eligible to claim compensation if you have been injured as a result of the negligence of a third party. You are entitled to a duty of care when passing through a road works – from both the workers present and the other vehicles in the vicinity – and if either of these parties has failed to perform their duty of care you may be entitled to pursue road works injury compensation. If you believe you have a valid road works injury claim, you are advised to contact a personal injury* solicitor at the earliest opportunity following your accident and injury.
After being injured on road works you may find it difficult to pursue compensation, but by engaging the services of a personal injury* solicitor at the earliest opportunity, the process of making a claim for an accident at road works can be made easier with professional representation on your behalf. It should be noted that this article is only a guide to claiming compensation for traffic accidents caused by road works, and it is not a substitute to seeking legal advice from a professional solicitor at the earliest opportunity following your accident and injury.
Liability for Workers Injured on Road Works
It is possible that as a worker, you have become injured in road work accidents because of the negligence of a third party, which could have occurred in a number of ways. First, it is possible that you were struck by a car which had been driving negligently despite warning signs alerting them to the hazard which had been present – in which case a road works injury claim would be made against the negligent driver in question.
Compensation for traffic accidents caused by road works could also be possible against your employer if they or your co-workers did not adhere to safety measures. This could be the situation if – for instance – you were injured on road works as a result of a lack of safety gear which could have prevented your accident. It is also possible that your road works injury compensation could be claimed against your employer if a co-worker had neglected to alert car drivers to safety procedures and this resulted in your injury. However a claim for an accident at road works could be more difficult if you had been the party responsible for health and safety.
Liability for Drivers Making a Road Works Injury Claim
It is also possible that as a driver, you suffered road work accidents because of the carelessness of another party. A claim for an accident at road works could be possible if – for example – a worker had neglected to clearly establish safety signs to alert drivers of the hazards which existed and an injury occurred as a result. Road works injury compensation may also be possible if your accident occurred because of equipment which had not been stowed away correctly or if the warning measures used were incorrect.
Compensation for traffic accidents caused by road works could be claimed if the negligent driving of another party was a factor, although the negligent party may have to be established. For instance, if you were injured on road works because of a negligent driver caused– but warning signs were not established – the workers may be liable for your injury. However a road works injury claim could be made against the negligent driver if the workers had taken all the required precautions.
Making a Claim for an Accident at Road Works
When liability has been established for road work accidents, you can submit an application for assessment to the Injuries Board. This can be initiated by submitting Injuries Board Form A either online or via post (except for children, which can only be done via post), accompanied by Form B containing your doctor’s analysis after you were injured on road works. When this has been submitted the Injuries Board will contact the negligent party as mentioned in your claim for an accident at road works and seek consent to continue with assessing your claim.
If consent is provided, the Injuries Board will assess your claim and determine the compensation for traffic accidents caused by road works to which you are entitled, which is to be accepted or rejected by you and the negligent party. If accepted by both, your road works injury claim should soon be settled and your compensation paid. If rejected, the injuries board will provide you with an authorisation to pursue your claim for road works injury compensation in court, although your claim may yet be settled out of court.
How Much Compensation for Traffic Accidents Caused by Road Works
The amount of compensation you can claim for your road work accidents will depend upon the unique circumstances of your accident and injury. Your claim for an accident at road works will begin with general damages for the injuries you have sustained by considering the nature of your injury, its severity and the lasting impact it is likely to have, the figure of which will then be adjusted to consider your age, gender and general state of health prior to your accident. Your compensation for traffic accidents caused by road works will then include special damages for the expenses you have incurred and the income you have lost because of your injuries, and should restore your financial situation to as though your injury never occurred.
Your road works injury compensation will proceed to consider the loss of amenity you have suffered as a result of being unable to perform everyday tasks and pursue leisure and social activities you would have normally enjoyed. Finally if you have suffered psychologically after you were injured on road works, this can also be compensated if this can be verified by a qualified psychiatrist. As the compensation rewarded for your road works injury claim differs between each individual case, you are advised to contact a personal injury* solicitor to determine your entitlement.
Claiming Road Works Injury Compensation for a Child
When a child has become involved in road work accidents, the procedure for claiming compensation will be different. A child legally cannot legally make a claim for an accident at road works until they turn eighteen years of age, nor can they instruct a solicitor to make a claim on their behalf. For this reason, an adult is required to seek compensation for traffic accidents caused by road works on their behalf as a “next friend”.
This “next friend” must first be approved by a court and cannot hold a conflict of interest – for example, if they were the negligent party whose dangerous driving caused the child to be injured on road works. Once a road works injury claim is completed, the compensation awarded must be paid into court funds until the child reaches eighteen years of age. However sums of the road works injury compensation can be released upon application to the court.
Road Work Accidents: Summary
After you have been injured on road works, compensation may be required for various reasons. A road works injury claim could be initiated to help come to terms with the changes in your life following your injury, to help pay for your medical costs or to pay for the damage to your car. In order to determine whether you can – or should – pursue compensation for traffic accidents caused by road works, you should consult a personal injury* solicitor following your accident.
By consulting with a solicitor, you can ensure that your claim for an accident at road works is handled professionally. Your solicitor will assess your claim, determine the amount of compensation to which you are entitled and assist in gathering evidence as required. The preparation of a claim could take some time, and for this reason you are advised to contact a solicitor regarding your road work accidents without delay after your injury.