Petrol station injury compensation claims
In the following article we set out what you need to know about making a successful petrol station accident compensation claim.
Accidents on petrol station forecourts often involve collisions between two or more cars. The consequences can be damage to vehicles, and injury to the occupants. Accidents may also involve pedestrians crossing the forecourt.
Vehicles are typically moving slowly while they manoeuvre around petrol station forecourts. Nonetheless, vehicle damage and personal injury from accidents can result from a driver's negligence.
Typically there are no specific traffic routes around a petrol station forecourt. This means pedestrians may have to weave between cars while they make their way from the petrol pump to the payment kiosk.
Pedestrian accidents are frequently caused by drivers failing to account for people crossing the station on foot.
The general rule is that both drivers and pedestrians have a duty to be on the alert for each other. Pedestrians need to watch out for cars and proceed sensibly.
The duty imposed on drivers is greater. Drivers must be mindful of pedestrians and other cars, and also maintain a low maximum speed.
If you were injured crossing the forecourt, you may be able to make a personal injury compensation claim from the driver's insurers. To succeed, a claimant must prove that the driver (the defendant), failed to show due care and attention.
I have a strong claim - why won't a solicitor take it on?
Lliability for vehicle collisions in a petrol station is sometimes viewed as being shared by the parties involved. A decision regarding liability will depend on the available evidence in each case, including injuries sustained and vehicle damage.
If the evidence shows the claimant was driving responsibly, liability is likely to lie solely with the defendant.100% of the compensation will be awarded to the claimant.
If both parties were found to have been partly responsible for the accident, either by driving carelessly or by failing to take precautions against injury, such as by not wearing a seatbelt, liability may be 'split'.
Fuel spillages are common in petrol station forecourts and can be a hazard to customers. The staff at the petrol station have a duty of care to ensure that all reported spillages are attended to straight away so that the area is safe for their customers.
If the staff fail to act on a report of a spillage and a customer slips, the customer could be entitled to make an occupiers liability injury claim.
Making a claim for slipping in a petrol station forecourt
If you slip on a fuel spillage in a petrol station forecourt you should report it to the staff immediately and ensure that it is recorded in an accident book. If possible, photographs should be taken of the scene of the accident and witness statements should be gathered. This will help to support your case.
Many petrol stations now have CCTV cameras installed. This means that the majority of accidents will have been recorded. CCTV footage can help establish liability, and can be presented as evidence in your claim.
Most petrol stations only keep footage for a short period before deleting it. Some companies will have data protection issues regarding the release of footage.
To avoid the risk of losing CCTV evidence, speak to a solicitor as soon as possible. The solicitor can request that relevant footage is retained, or a copy made, on your behalf.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
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Our nationwide network of solicitors handle all types of road accident claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Our solicitors are selected on the basis of their track record in winning claims and their knowledge and expertise.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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