Road Traffic Injuries in Scotland

Road traffic accidents are extremely common in Scotland, and occur at a rate of 160,000 a year in the UK according to Government statistics. Most of these are minor accidents, but every year thousands of people are injured on the roads in Scotland.

If you have been involved in a road traffic accident or collision, whether as a driver, a passenger, or a pedestrian, you may be entitled to a personal injury compensation claim. At Quantum Claims we have an excellent track record of successful personal injury claims resulting from road traffic accidents through no fault of our clients, obtaining hundreds of thousands of pounds in compensation awards.

Statistics again confirm that the majority of road traffic accident claims are not pursued, and the first step to establishing if you have a claim for compensation for injury as a result of a road traffic accident is to call Quantum Claims at no cost to you, whereupon you will be able to discuss matters with a Claims Handler at one of our five claims specialists offices throughout Scotland. At Quantum Claims our "no win, no fee" policy means you can't lose."

Negligence Claim after a Road Accident Injuring a Cyclist

In an important case covering duty of care during excavation work a 56 year old housewife, Ms, C sought damages from T, a joiner and small building contractor.

Ms C sought damages in respect of injuries sustained after she went over the handlebars of her bicycle near a site on which T was working. She claimed that she fell from her bicycle as a result of debris left on the road following work contracted out by T to M, a company specialising in excavation. Ms C endured serious and painful injuries, losing a crown from her tooth, suffering a broken jaw and a collapsed lung.

Ms C argued that it would reasonable to anticipate the danger of debris causing an accident. She asserted that (1) it should have been anticipated that some debris would contaminate the road and it was Ts duty to take reasonable care to avoid deposits or remove any as soon as was reasonably possible; and (2) T could not escape liability even if he proved that M were independent contractors: the hiring of plant and drivers to do a job under the direction of the main contractor was not a subcontract.

The action was dismissed because it was held that (1) there was insufficient evidence to conclude what had caused Ms C to fall, and witness statements did not support her account of what happened. (2) It was not proved that T knew the road was subjected to deposits of mud to a material extent as to make it reasonably foreseeable that passing cyclists might come to harm, furthermore, the fact that deposits were 150 yards from the site of the accident made it less likely that the incident was a foreseeable consequence of the work.

It was observed by the court that it was clear from the evidence that the relationship between T and M was more than just a hiring of equipment, and had the matter gone to debate earlier, it might well be that the issue of whether Ms C had pled enough to found a case on the neighbourhood principle would have been resolved out of court.

It was the court's opinion, that had liability been established, the parties were agreed that compensation of damages would have been assessed at £12,360 at 4 per cent from the date of the accident to the date of decree, with loss for "hurt" at £294 with interest at 8 per cent, and patrimonial loss in respect of dental costs at £643 with interest on £243 from 1 January 2002 until the date of decree, less the deduction of 25 per cent for contributory negligence.

Employers Liability Law for Casual Workers

Quantum Claims have noted an important case in Employment Law relating to casual workers. In an important case from 2002, Allison v. Davidson, a man was asked, with another, to do some painting by a publican. During the work, one of the men fell from a ladder which was too short. When this case came to court, it was accepted that there would be liability for compensation if the man had been employed by the defender under the 1992 Workplace Regulations. It was decided that the defender was indeed liable under these regulations — even although it was only a single job — about as casual as casual employment can be.

All cases are unique, but if you've been in an accident or injured whilst doing casual work for an employer, you may be entitled to compensation under the 1992 legislation. For more details, see the accidents at work section of our website or contact us by telephone or email here. Quantum Claims work exclusively on a no win no fee basis, which can take much of the stress out of pursuing a claim through the courts.