Many people may not be aware of what a passenger injury claim is in relation to road traffic accidents. You do not have to be the driver of a car to claim if you have been injured due to someone else’s negligence.
Negligence is where someone breaches the duty of care they owe you, causing you harm. All road users owe each other a duty of care to take reasonable measures to keep each other safe. The Highway Code outlines the responsibilities each road user has when navigating the roads.
When a duty of care is breached, resulting in injury, you could be eligible to claim passenger injury compensation. This article will explain what you need to make a passenger injury claim, including the evidence you could gather to support your case.
Additionally, this guide explores how much compensation you could receive and the factors considered when calculating your settlement.
Furthermore, we will look at the benefits of having a No Win No Fee lawyer represent you.
If you have been injured in a road traffic accident caused by another road user’s negligence, our team could help. Contact our advisors for more information. They are available 24/7 to answer any questions you might have.
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- What Is A Passenger Injury Claim?
- What Types Of Injuries Could Passengers Suffer In An RTA?
- What Evidence Supports A Claim After A Road Traffic Accident (RTA)?
- Compensation Payouts For A Passenger Injury Claim
- Where Can I Find The Best No Win No Fee Lawyers?
- More Information On A Passenger Injury Claim
Road traffic accidents are an area of personal injury law concerning all types of road users. More specifically, a passenger injury claim is the pursuit of compensation for the injuries and suffering you have experienced due to negligence as a passenger in a vehicle.
It is important to establish whose negligence caused you to be injured. There are different positions you could be in as a passenger. On the one hand, you could be the passenger of a driver whose negligence results in you getting injured. In this case, you may claim against the driver of the vehicle in which you were riding.
Alternatively, an injury could be caused by the negligence of a road user operating another vehicle. In this scenario, you may claim against the other road user.
Finally, it is important to note that traffic accidents do not cause all accidents on the road. An accident could be caused by other factors, such as potholes and uneven surfaces. This would fall under public liability claims.
Imperatively, you must consider time limits in personal injury claims. The Limitation Act 1980 describes that in most personal injury claims, you have three years from the date of the accident or from the date you connected your injuries with negligence. However, there are exceptions.
Contact our team of advisors for more information on the time limits involved with starting your passenger injury claim.
When making a passenger injury claim, it’s important to be aware of the Whiplash Reform Programme that came into affect on the 31st May 2021.
This made changes to the way passengers and drivers of vehicles over the age of 18 can claim. If their injuries are valued at £5,000 or less, claims need to be made through the governments online portal. If injuries are valued at £5,000 or more, then claims can be made the traditional way.
To find out how this could affect your claim, please get in touch with our team.
Passenger Injury Statistics
We have provided some road traffic accident statistics that are sourced from the government road traffic statistics by the Department for Transport. They focus on reports from the year 2020 in Great Britain.
As per the statistics, there were:
- 115,584 casualties.
- 21,504 passenger casualties.
- 18,898 passenger casualties in cars.
- 625 van passenger casualties.
- 1,303 bus or coach passenger casualties.
- 342 motorcycle passenger casualties.
- 101 HGV passenger casualties.
As previously mentioned, all road users owe each other a duty of care. Breaching this duty of care could result in accidents that cause harm to various road users, including passengers. This is negligence that could lead to a passenger injury claim.
Some injuries that passengers may suffer in road traffic accidents are:
There are various accidents in which these injuries could be sustained. For example, a driver may have been speeding on the road and behaving recklessly. In doing so, they may have swerved onto the opposite side of the road to overtake the vehicle in front of them and hit an oncoming car head-on.
As a result, the passenger in the oncoming car may have hit their head on the dashboard, resulting in a serious head injury. In this scenario, the passenger could claim compensation for their injury due to the other road user’s negligence.
Contact our team of advisors for more information on making a passenger injury claim.
After the accident, gathering evidence to prove a personal injury claim is important. Once you have received medical attention for your injuries, there are various forms of evidence you should collect to help strengthen your case, such as:
- Medical records – These can detail the nature of your injuries and any treatment that was needed.
- Photographic evidence – Take pictures of the scene of the accident and your injuries.
- CCTV footage – Video footage can help to show the series of events that occurred and who was liable for the accident.
- Witness contact details – Witness statements are valuable evidence when claiming compensation for a passenger injury. They can corroborate your story and describe details of the accident. Please note that you cannot acquire the statement yourself. A third party, such as a solicitor, must take statements.
Finally, it is advisable to seek legal advice. A solicitor can contact any witnesses and obtain statements that will help your claim. They can also help compile evidence and guide you through the process.
Please contact our team of advisors if you want more information about what can be used as evidence in your passenger injury claim.
There are two categories of compensation that may be awarded for successful personal injury claims, general damages and special damages.
Firstly, general damages account for the pain and suffering you have experienced as a result of any physical and mental harm you have suffered.
The Judicial College Guidelines (JCG), produced in April 2022, outline guideline brackets for different injuries. Solicitors use it to help them value general damage settlements. This table provides examples of figures from the JCG.
|Injury||Details||Amount of Compensation|
|Moderately Severe Brain Damage (b)||The injury has caused serious disability, resulting in the need for constant care and dependence on others.||£219,070 to £282,010|
|Moderate Brain Damage (c) (iii)||Concentration and memory have been negatively impacted. Work-life is also affected. However, there is not much dependence on others.||£43,060 to £90,720|
|Minor Brain Damage (e)||There may be no or very little brain damage. The recovery time will range from a few weeks to three years.||£2,210 to £12,770|
|Severe Post-Traumatic Stress Disorder (a)||The disorder is permanent, ending the ability to function at the same level as before the accident. It will affect all aspects of life.||£59,860 to £100,670|
|Less Severe Post-Traumatic Stress Disorder (d)||It will take between one to two years to make a nearly full recovery. Minor symptoms may persist.||£3,950 to £8,180|
|Leg Amputation (a) (iv)||One Leg is amputated below the knee.||£97,980 to £132,990|
|Severe Back Injury (a) (iii)||Injuries that cause chronic conditions. Disabilities, such as pain and lowered agility are some symptoms that will remain after treatment.||£39,780 to £69,730|
|Arm Injury (b)||There is a significant and permanent disability as a result of serious forearm fractures affecting one or both arms.||£39,170 to £59,860|
|Wrist Injury (c)||Less severe injury, resulting in some persisting pain and stiffness and a permanent disability.||£12,590 to £24,500|
|Moderate Shoulder Injury (c)||Limited movement and discomfort, caused by frozen shoulder. Symptoms are not permanent.||£7,890 to £12,770|
Please be aware that these figures can differ depending on each claim’s unique details.
Secondly, special damages account for past and future costs caused by your injuries. For example, if you injure your eyes in an accident and needed laser eye surgery, you may be able to claim the cost of treatment under special damages.
You must keep evidence of any special damages you wish to claim, such as receipts or prescriptions.
If you would like to talk about how much compensation you could receive following a successful passenger injury claim, contact our team of advisors.
No Win No Fee agreements are also referred to as Conditional Fee Agreements. They enable you not to pay any upfront or ongoing fees for your solicitor’s services. Moreover, if you do not succeed in getting compensation, you won’t have to pay for your solicitor’s services.
Although, a success fee will be taken from your compensation if you win your claim. This is a small percentage that is legally capped.
Please speak to our team of advisors for advice on finding the best No Win No Fee solicitors to represent your claim. They may be able to assign an experienced road traffic accident solicitor from our panel to begin working on your case on this basis.
Contact Us To Make A Passenger Injury Claim
If you would like further information on how you could begin making a passenger injury claim:
Useful links to provide more information:
- I Had An Accident On Public Transport, Can I Make A Claim?
- How Much Is A Broken Rib Worth In Compensation?
- Road Traffic Accident Claims
- All You Need To Know About Road Traffic Accident Claims
- Fatal Car Accident Claims – How To Get Compensation
- How Can Cycling Accident Solicitors Help Me?
- Car Accident Personal Injury Claims Guide
- Could I Get Compensation After An Accident On A Bus?
- How To Claim For An Accident On Public Transport
- I Had An Accident On Public Transport, Can I Make A Claim?
- What Goes Into Making a Taxi Accident Claim?
- Making A Car Accident Claim Guide
- Bike And Cycle Accident Personal Injury Claims
- How Long Do Car Accident Claims Take To Complete?
- How To Find Solicitors For Car Accident Claims
External links to explore:
We hope this article has helped you to learn more about making a passenger injury claim. If you have any additional questions, please get in touch on the number above.