By Jo Anderson. Last Updated 13th November 2023. If you’ve suffered injuries in an accident on a roundabout, you may be wondering if you could be eligible to claim personal injury compensation. This guide will explore the eligibility criteria that need to be met in order to do so.
Additionally, we will look at answering the question ‘If someone cuts across you on a roundabout, whose fault is it?’. Every road user owes one another a duty of care. We look at what this duty constitutes, and the legislation road users must adhere to in order to uphold their responsibilities with regard to their own and other road users’ safety.
Later on in this guide, we provide examples of how an accident could occur on a roundabout and the injuries that could be sustained. Additionally, we look at how compensation is calculated and what settlements could include following a successful claim.
Furthermore, we discuss how certain road traffic accident claims could be impacted due to the Whiplash Reform Programme and the how this could influence payouts for whiplash injuries.
Finally, we explain the benefits of working with one of our No Win No Fee solicitors and look at the services they could potentially offer to help you seek compensation.
To get started with your potential claim for a roundabout accident, or to ask questions about anything contained in this guide, please contact an advisor.
- Call 0800 073 8801
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If someone cuts across you on a roundabout whose fault is it?
Select A Section
- Eligibility Criteria For Claiming For An Accident At A Roundabout
- If Someone Cuts Across You On A Roundabout, Whose Fault Is It?
- Common Causes Of Accidents At A Roundabout
- Roundabout Accident Claims – What Is The Whiplash Reform Programme?
- Car Accident Claims – Roundabout Injury Compensation Calculator
- Roundabout Accident – Claim With A No Win No Fee Solicitor
- Essential Resources Relating To Roundabout Accident Claims
Eligibility Criteria For Claiming For An Accident At A Roundabout
Road users owe one another a duty of care to navigate the roads in a way that prevents themselves or others from experiencing harm or damage while using the roads. To uphold this duty of care, they must follow the rules and regulations laid out in the Road Traffic Act 1988 and the Highway Code. If they fail to do so, and you sustain harm as a result, you may wonder if you could seek compensation.
In order to begin a personal injury claim for a road traffic accident on a roundabout, you need to prove the following:
- A road user owed you a duty of care.
- This duty of care was breached.
- You experienced harm, either physical, psychological, or both, as a result of the breach.
Additionally, you need to ensure you start your claim within the time limit. For personal injury claims, you typically have three years from the accident date to initiate legal proceedings. However, some exceptions could apply.
If you have any questions regarding your eligibility to claim for a roundabout accident or how long you have to pursue compensation, please contact an advisor on the number above.
If Someone Cuts Across You On A Roundabout, Whose Fault Is It?
Knowledge of the Highway Code is very important when making roundabout accident claims. So, according to the Highway Code, when using a roundabout where you intend to turn right, you should initially signal to the right and make your approach to the roundabout from the right-hand lane. You should stay to the right on the roundabout until such time as you need to switch to the left lane to leave the roundabout. Once you have passed the exit prior to yours, you should indicate to the left.
In many cases, the left-hand lane could be used for going straight on or turning left. However, for some roundabouts, there may be indications in the form of road signs and markings that the left lane is only for those turning left, while with others, there may be indications that the left lane is only for those travelling straight on.
Drivers continuing around a roundabout in the left-hand lane risk causing accidents where drivers are trying to emerge into the roundabout from exits as they cross the exits. Drivers exiting from the right-hand lane are also at risk of causing accidents as they could cut across someone who is moving in the left-hand lane.
If the rules of the Highway Code are not adhered to by a motorist, and an accident occurs, that motorist could be deemed at fault and could be liable for compensation claims to be launched against them.
Common Causes Of Accidents At A Roundabout
There are various ways in which accidents on roundabouts could happen. Some examples of how accidents on roundabouts could occur include:
- A taxi driver uses the wrong lane while using the roundabout, causing them to crash into the side of your vehicle, and you suffer an arm injury.
- A lorry driver is distracted by their phone and is therefore not paying attention to the road. This causes them to pull out onto the roundabout when they are not safe to do so, and they crash into your car, causing you to suffer a serious head injury.
- Another motorist is driving under the influence while using a roundabout. This causes them to crash into the back of your car, and you suffer a whiplash injury.
To discuss your potential roundabout accident claim today, you can contact a member of our advisory team.
Roundabout Accident Claims – What Is The Whiplash Reform Programme?
If you have been injured in a roundabout accident due to another road user breaching their duty of care, you may be eligible to make a personal injury claim. However, the Whiplash Reform Programme has affected how certain claims for road traffic accidents are made in Wales and England.
If you are 18+, and were injured as a driver or passenger of a vehicle with your injuries valued at £5,000 or less, you will need to make your claim via a different avenue. This applies to minor soft tissue and whiplash injuries.
Your whiplash injuries will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are set amounts, and if your claim is successful, you will receive the exact amount listed that relates to your whiplash injury.
Any additional injuries you suffered that are not covered under this tariff will be valued in the traditional way. Furthermore, if the additional injuries mean that the total value of all your injuries exceeds £5,000, you will make your claim via the traditional route.
Contact our advisors today if you are unsure which avenue you should take for your claim if you were injured in an accident on a roundabout. They could also help you with any questions you may have about roundabout accident claims.
Car Accident Claims – Roundabout Injury Compensation Calculator
If you are considering making any car accident compensation claims, you might want to get an idea of how much you could receive. It is important to recognise that all the unique facts and circumstances of the case must be accounted for when calculating compensation.
To give you some idea of the compensation you could receive for car accident compensation claims, we have put together the table below. You will see figures in the table from the Judicial College Guidelines, which is a publication courts and lawyers could use to help them arrive at a value for your pain and suffering which is compensated under general damages. This is only a rough guideline, however, and we have only used a small selection of injuries in the table. Further to this, it doesn’t account for the special damages you could claim, which is the head that compensates for the financial losses caused by your injuries.
Type of Injury (location) Notes Award Bracket
Multiple severe injuries plus special damages Severe multiple injuries, both mental and physical, plus special damages. Up to £1,000,000+
Brain damage (moderate) (i) Where personality changes, there is an intellectual deficit that is moderate to severe, speech and senses are affected, there is a risk of epilepsy and there is no chance of being able to be employed. £150,110 to £219,070
Brain damage (moderate) (ii) Where there is a modest to moderate intellectual deficit, risk of epilepsy is present and there is not much chance of employment if any at all. £90,720 to £150,110
Brain damage (moderate)(iii) Memory and concentration would be affected, and any ability to work would be reduced. Minor risk of epilepsy, but little dependence on others. £43,060 to £90,720
Neck Injuries (Severe) (i) Incomplete paraplegia/permanent spastic quadriparesis cases could be considered under this bracket. The claimant could wear a collar 24 hours per day for many years, but movement in the neck is still not a possibility, or they have only a little movement. Headaches could be termed ‘untreatable’ In the region of £148,330
Neck injuries (Moderate) (i) Dislocations of the neck or fractures. These would have an immediate effect and could include chronic referred symptoms elsewhere. Serious injuries to the soft tissues in the neck and the back could also be considered here. A limitation of activities would be present as well as risk of future trauma. £24,990 to £38,490
Neck injuries (Moderate) (ii) Soft tissue injuries or wrenching with lesions to the discs could be included here. Surgery could be required at a later date and there could be serious limitations on the claimant’s ability to move. £13,740 to £24,990
Back injuries (Severe) (ii) Where there is root nerve damage, a loss of sensation, an impaired ability for the bladder or bowel to function, scarring and sexual difficulties. £74,160 to £88,430
Whiplash - One or more whiplash injuries with one or more psychological injury Symptoms lasting between 18-24 months. £4,345
Whiplash - One or more whiplash injuries Symptoms lasting between 18-24 months. £4,215
If you would like a more personalised estimate of the compensation you could receive, please call our team. We would be happy to talk you through the compensation you could receive for your car accident claims.
Special Damages Which Could Be Claimed For An Accident At A Roundabout
If you’re wondering what roundabout accident claims can include, this section will be helpful to you. When you make a compensation claim for any personal injury, you could expect to be compensated for the suffering and the pain of your injuries, which could be classed as general damages. However, you could also receive, as part of your claim, awards for special damages, which are the monetary costs/losses that you’ve sustained directly as a result of your injuries. These could include:
- Care costs
- Medical costs
- Travel costs
- Loss of earnings
It could be a wise idea to gather any evidence of costs and losses you’ve experienced because of an accident at a roundabout. This could help make claiming for such damages easier.
How Long Do I Have To Make A Roundabout Accident Claim?
If you have sustained injuries in a car accident on a roundabout that was caused by another road user breaching their duty of care, you could be eligible to claim compensation.
If you are eligible to make a car accident claim, you might wonder how long you would have to take action. Usually, the limitation period for car accident claims is three years from the roundabout accident date. Or the date you became aware that your injuries resulted from someone else’s negligence. Details of these limitation periods can be found in the Limitation Act 1980.
There are some exceptions to this limitation period for car accident claims, however. For example, if a child was injured in a car accident on a roundabout, they wouldn’t be able to begin their own claim until they turned 18. They would then have three years from their 18th birthday to launch their claim. However, a responsible adult could apply to be a litigation friend on the child’s behalf. If successful, they could launch a claim for the child. The litigation friend could do so at any time before the injured child turns 18.
Further exceptions to the personal injury claims time limit for car accident claims could relate to those who don’t have the mental capacity to make their own claims. For further advice, please call our team. We would be happy to tell you how long you could have to make a claim.
Roundabout Accident – Claim With A No Win No Fee Solicitor
If you suffered injuries in a roundabout accident, you may wish to make a personal injury claim. You could have the support of a No Win No Fee solicitor who may provide their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When working with a No Win No Fee solicitor, they will not charge you upfront for their services. They usually won’t ask you to pay for any ongoing fees either. If they secure compensation on your behalf, they will take a success fee from your award though the CFA limits the amount they can take. If your solicitor does not secure compensation, they usually won’t charge you for their services.
Our advisors can answer any questions you may have, including ‘whose fault was my accident?’. All the legal advice they give is free and available 24 hours a day, 7 days a week. In addition to the free advice, they can assess the validity of your claim. If it seems eligible, you could be connected to one of our solicitors who typically offer their services on a No Win No Fee basis.
To speak to us:
- Contact us online.
- Call 0800 073 8801
- Use our live webchat at the bottom of the screen.
Essential Resources Relating To Roundabout Accident Claims
- Motor Insurers’ Bureau claims – Our guide to making claims following an accident with an untraced or uninsured driver.
- Taxi Injury Claims – Were you in a taxi that was in a roundabout accident? If so, this guide may be of interest.
- Head Injuries – Did you suffer a head injury in an accident at a roundabout? If so, this guide may be of use.
- Find out how to prove fault in a car accident claim with our helpful guide.
Resources For Motorists – Roundabout Safety Facts
- The Highway Code – Here, you can find a link to the Highway Code, which describes how to use a roundabout.
- The Government’s Page On Road Safety – Here, you will find the Government’s page on road safety.
- Road Casualty Statistics – Here, you can find published statistics from the Department for Transport for 2019.
