When Could You Claim For A Car Crash On The Motorway?

In this guide, we’ll discuss when you may be eligible to make a personal injury claim after another driver causes a car crash on the motorway. We will provide examples of how a car accident could occur on the motorway and the kinds of evidence you could collect to support a claim for compensation. In addition, we’ll look at how compensation awards are calculated for successful road traffic accident claims.

Traffic starting to build up due to a crash on the motorway

This guide will also examine the benefits of working with one of our No Win No Fee solicitors. For instance, these professionals will not charge for their services while your claim is still ongoing.

Read on for more information. Also, our advisors are available if you would like to ask questions directly. Our team can tell you more about the claims process and shed light on the merits of your case. This free consultation can happen at any time, 24/7, so reach out today by:

  • Telephoning our team on 0800 073 8801
  • Speaking with an advisor using the chat box at the bottom of the screen
  • Completing our ‘Contact Us‘ form here

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When Could You Claim For A Car Crash On The Motorway?

If you were injured in a car crash on the motorway, you could be eligible to begin a personal injury claim. There are three criteria you must meet in order to do so. These are:

  1. First, you must show that another road user owed you a duty of care.
  2. Second, you must demonstrate that this duty of care was breached.
  3. Third, you must be able to demonstrate how you sustained a physical or psychological injury as a result of this breach.

Together, the presence of these criteria indicates that negligence occurred. The first of these is not usually difficult to demonstrate because the duty of care owed on the road is established in the Road Traffic Act 1988. Each road user owes a duty of care to other road users, meaning they must take reasonable care to prevent harm from occurring to others and themselves. Additionally, the Highway Code contains rules and guidance that road users should follow. Some of these rules are backed up by law.

If you were injured in a car crash on the motorway, you may be able eligible to claim compensation. Speak to our advisors if you have further questions about the claims process.

Time Limits To Claim For A Car Crash On The Motorway

A piece of legislation called the Limitation Act 1980 determines that you typically have three years to begin a car accident injury claim. This begins from the date of the accident.

There are some exceptions to these limitations. For instance, the time limit is suspended for children or adults incapable of beginning a claim on their own behalf. On a similar note, the court may appoint a litigation friend to begin a claim on behalf of these individuals.

Contact our team of advisors today using one of the methods described above if you have questions about time limits.

Examples Of Car Crashes On The Motorway

A motorway is a specific type of road designed for fast traffic. A car crash on the motorway could cause injuries or even become a fatal accident.

For instance, road traffic accidents on a motorway could occur if drivers:

  • Do not pay due attention to their surroundings
  • Operate their vehicles while tired
  • Operates their vehicle under the influence of drugs or alcohol
  • Uses their phone or otherwise becomes distracted

If you have questions about your eligibility to claim following an accident on the motorway, speak to our advisors.

Evidence Supporting Motorway Accident Claims

Evidence will help prove certain aspects of a claim, such as the severity of your injury after a car accident. To demonstrate how negligence contributed to your accident, you can:

  • Get your medical records after you receive treatment
  • Request CCTV footage showing the accident as it occurred
  • Photograph your injuries
  • Photographs of the accident scene
  • Witness contact details in case a statement is needed later on
  • Police reports
  • Dashcam footage

Contact our advisors if you have concerns about gathering evidence.

Examples Of Potential Payouts For A Car Crash On The Motorway

If you make a successful personal injury claim following a road traffic accident, your compensation could include up to two heads of claim. These are known as general damages and special damages. General damages aim to compensate you for the mental and physical suffering that your injuries cause.

Solicitors can use the Judicial College Guidelines (JCG) to assess how much certain injuries may be awarded in compensation. This is because the JCG contains compensation brackets that reflect different types and severity of harm an individual could suffer due to negligence.

We’ve created a table below showing some of these brackets. However, these figures are not a guarantee, as the JCG cannot account for all the unique circumstances reflected in a compensation claim.

Table Of Guideline Compensation Brackets

Injuries Severity Brackets/Tariff Amounts Further Information
Head/Brain Injuries Very Severe (a) £282,010 to £403,990 Little if any meaningful response to the environment. Award considers life expectancy and other factors.
Arm Amputations Loss of Both Arms (a) £240,790 to £300,000 Individual with full awareness is reduced to a state of considerable helplessness.
Arm Amputations Loss of One Arm (b) (i) Not less than £137,160 Arm amputated at the shoulder.
Leg Injuries Amputations (a) (i) £240,790 to £282,010 Both legs are amputated above the knee, or one leg is amputated above the knee while the other is lost below.
Leg Injuries Severe (b) (i) £96,250 to £135,920 Injuries that do not involve amputation but are just as severe; e.g. extensive degloving of the leg.
Neck Injuries Severe (a) (i) In the region of £148,330 Such injuries are associated with incomplete paraplegia or permanent spastic quadriparesis.
Neck Injuries Moderate (b) (i) £24,990 to £38,490 Fractures or severe dislocations that cause immediate and severe symptoms.
Injuries to the Pelvis and Hips Severe (a) (i) £78,400 to £130,930 Extensive fractures of the pelvis or a hip injury leading to spondylolisthesis of a low back joint.
Whiplash Injuries One or More Whiplash Injuries and One or More Minor Psychological Injuries £4,345 Symptoms last more than 18 months but no more than 24.
Whiplash injuries One or More Whiplash Injuries and One or More Minor Psychological Injuries £3,100 Symptoms last more than 15 months but no more than 18.

What Is The Whiplash Reform Program?

You may notice some of the entries above are for whiplash and minor psychological injuries. These reflect changes brought in under the Whiplash Reform Programme, which determines that adult drivers and passengers who experience whiplash or injuries valued at £5,000 or less must claim using a different method. Whiplash injuries will be valued according to the tariff established in The Whiplash Injury Regulations 2021. You can see some of these entries in the table above.

If, however, adult drivers or passengers suffer injuries that take the value over £5,000, they may claim in the traditional manner. While the relevant whiplash injuries would still be valued in accordance with the appropriate tariff, their additional injuries would be compensated according to the traditional JCG brackets.

We would like to note that the tariff may still apply to whiplash and soft tissue injuries suffered by claimants who do not have to use the new method of claiming. For example, this may include child passengers.

If you would like a more personalised estimate of your potential compensation, contact one of our advisors.

What Special Damages Could I Be Entitled To Claim?

If your claim is successful, your compensation could also benefit from special damages. This payout is intended to return you to the financial state you were in before the injury. Special damages can compensate you for:

  • Travel to and from medical appointments
  • Costs of specific medical treatment required for your recovery
  • Any loss of earnings, current or future

Speak to our advisors if you have been involved in a car crash on the motorway and would like more information about claiming.

How Accident Claims UK Could Help You

If you were injured in a car crash on the motorway, our team of advisors may be able to put you in touch with one of our solicitors, who work under the terms of a No Win No Fee agreement.

In particular, the kind of No Win No Fee agreement that our solicitors use is called a Conditional Fee Agreement. Under these terms, you do not have to pay your solicitor for their services at an hourly rate while your claim proceeds. Also, you don’t have to pay service fees if your case does not succeed.

As an alternative, your solicitor takes a small success fee if your claim succeeds. As established in the Conditional Fee Agreements Order 2013, success fees are subject to a legal cap.

Contact Our Team

Our advisors are here seven days a week, twenty-four hours a day, to respond to the queries you may have about starting a claim following a car crash on the motorway. If they feel your claim is valid and you wish to continue with the process, they can also put you in touch with one of our solicitors. Contact Accident Claims UK today by:

  • Telephoning our team on 0800 073 8801
  • Speaking with an advisor using the chat box at the bottom of the screen
  • Completing our ‘Contact Us‘ form here

Learn More About Claiming For A Car Crash On A Motorway

Some more of our useful personal injury guides:

How Much Compensation Can I Claim for Post Traumatic Stress Disorder (PTSD)?

£4 Million Compensation Payout For A Passenger In A Car Crash

Claims Against A Drunk Driver For Car Accident Compensation

Some information from outside sources you might find useful:

How do I know if I have broken a bone? – NHS

Road accidents and safety statistics – GOV.UK

First aid after an incident – NHS

If you have been involved in a car crash on the motorway and have questions about claiming, please do not hesitate to get in touch with one of our advisors.