A guide to making a No Win No Fee accidents on bends in the road claim
Sharp bends in the road are frequently hotspots for car accidents. A compensation claim can often be made for injuries sustained in a road traffic collision, but the question of 'contributory negligence' can arise.
There are a number of common reasons for collisions on road bends:
- drivers not seeing a queue of traffic in time and hitting into the back of a stationary car;
- cars pulling out of side roads on blind bends and being hit by an oncoming vehicle;
- vehicles traversing onto the wrong side of the road when navigating the bend and colliding with oncoming traffic.
Who is responsible?
The Courts will consider each situation on its own merits.As with all claims, available evidence must be examined in order to understand who is responsible for the accident.
Hit in the back by another vehicle
In the case of the driver colliding with a stationary car at the back of a traffic queue, it is almost certain that the driver who hit the stationary car would be found responsible for not taking the necessary precautions when navigating the bend in the road.
Safe road users will slow down when navigating a blind bend, as they cannot see what is beyond it.
Crashes like this are particularly common on country roads where the national speed limit is in place.
They are less common on roads with a 30 speed limit, and in these instances may indicate that the driver responsible was speeding.
Collisions when pulling out of side roads
When examining the situation where the car pulled out of a side road to be hit by an oncoming vehicle, the case is not as clear-cut. The driver pulling out of the side road would most likely be deemed responsible in most cases, as it is their responsibility to ensure that the road ahead is clear before proceeding. However, there may be mitigating factors that indicate otherwise.
For example, was the oncoming driver speeding? If so, they could be found partially responsible. Road signage could also affect the decision - if, for example, there was no adequate warning signage of the bend, or a sign to alert the oncoming driver that there was a side road ahead.
Accidents when overtaking on a bend
With regards to vehicles traversing onto the wrong side of the road, this too is almost certainly the responsibility of the car that was driving on the opposite side of the road.
Whether the Defendant driver may have been driving dangerously because they themselves were overtaking, or if they simply failed to navigate the bend safely, it is likely the Courts will find in favour of the Claimant.
If you have been involved in a car accident on a bend and are considering a compensation claim, a member of our panel of solicitors is available to discuss your options. Call 0800 612 7456 for more information.