The winter months often see a spike in personal injury claims as various seasonal factors result in more accidents.
Bad weather is one of the main reasons for the rise.
According to specialist UK-based car insurance company Admiral, the highest percentage of severe road accidents take place between November and February, as conditions combine to make driving particularly treacherous at this time of year.
Adverse weather conditions during the winter also lead to more hazardous conditions for pedestrians. People are particularly prone to falls during the winter months, as ice or heavy rain means that pavements, paths and shop floors become slippery, leading to more slips and trips.
Bad Weather Accident Compensation Claims
But what are your rights regarding weather-related accidents?
Who is at fault for road traffic accidents caused by bad weather? Can you make a claim for compensation if you fall on the ice? Who is to blame if you slip over in a shop doorway?
In this blog, our experienced Personal Injury lawyers consider personal injury cases caused by the weather.
- Proving liability.
The first step towards establishing whether you may be able to claim for a trip on the ice, a slip in the rain or another accident caused by the weather is to consider whether it has happened because of anyone’s negligence.
Accidents that are caused by bad weather are sometimes considered an ‘act of God’. This is when extreme, unforeseen weather conditions make them unavoidable, and the accident was outside of human control or activity.
However, even in cases of extreme weather, third parties generally owe you a duty of care. If you can show that the injuries you suffered were caused by a relevant third party breaching this duty of care, you may have a case for compensation.
Various entities are responsible for providing a duty of care. For example, section 41A of the Highways Act 1980 states that the Highways Agency and local authorities have a duty to ensure, as far as is reasonably practicable, that “safe passage along a highway is not endangered by snow or ice”, meaning they may be negligent for failing to grit a road or close bridges in high winds.
Shop owners are bound by occupiers’ liability which means they are required by law to take “reasonable care to ensure visitors are kept safe when using the premises for the reasons they should be there for”. If you fall over because their shop floor is slippery from the rain, this could prompt a claim.
To prove liability for a weather-related accident, you will need to show that the relevant third party (employer, property owner, local council etc) was aware of the hazard and failed to take the appropriate action to fix it.
- Building your case.
If you suffer from a weather-related accident that was even partly caused by someone else’s negligence, you will need evidence to support your case.
This includes:
- Photos. Take photos of the scene of the accident, including any ice, water or other hazards.
- Medical report. Get a record of your injuries and take pictures.
- Witnesses. Ask any witnesses to make a statement and make a note of their contact details.
- Report the incident. Report what happened to your employer, shop owner, local authority or other appropriate third-party.
- Seek specialist legal advice. Proving liability for a weather-related slip or trip can be difficult. Speaking to a personal injury solicitor can help. A lawyer with experience in personal injury compensation claims can help assess the merits of your potential claim and advise you on the next steps.
At Langley Wellington, our personal injury lawyers have extensive experience in weather-related claims. We will work tirelessly to get you the compensation you deserve and help you access the rehabilitation, medical care and support you need to make the best recovery possible.
To speak to our personal injury team, call us on 01452 521286, email us at lawyers@langleywellington.co.uk or make an online enquiry.
- Making your claim.
The time limit for most personal injury claims, including slipping on ice, is three years from the date of the accident.
If you have fallen in the snow, been involved in a road traffic accident in the bad weather or suffered an injury from another accident this winter, get in touch with our team at Langley Wellington as soon as possible and we will advise on the most appropriate way to proceed.
Personal Injury Lawyers Gloucestershire
Being injured in an accident that was not your fault is distressing and you may not fully understand your legal rights.
Our specialist personal injury lawyers are here to help.
Our personal injury solicitors can help victims in a wide range of compensation claims, with expertise in slips, trips and falls, holiday accidents, workplace accidents and RTAs.
In addition, our lawyers are also experienced at handling claims in cases where medical treatment has gone wrong. Such clinical negligence claims can be complex and require skills which we have acquired with many years of experience.
To speak to us today, please call 01452 521286, email lawyers@langleywellington.co.uk or fill in this contact form.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
