Did you know that important changes to the Highway Code come into force on 29th January 2022.
Last year the Government ran a consultation on proposed changes to the Highway Code and following that process, 8 new rules will be introduced along with 49 updates to the existing rules.
The purpose of the changes is to give protection to the most vulnerable road users. A hierarchy of road users will be created that ensures that those who can do the greatest harm have the greatest responsibility on the road to reduce the danger that they pose to others. However, everyone still has a responsibility to be considerate of all road users.
This hierarchy will have pedestrians, especially vulnerable pedestrians such as the elderly and children, at the top of the pyramid as they will be classed as those who can cause the least harm.
Cyclists, horse riders, motorcyclists and cars will then follow with vans, HGV’s and buses at the bottom of the list, as they have the potential to cause most harm.
Amongst the changes, drivers will be told to give priority to pedestrians and cyclists and told to stop for people crossing the road, even if they are not at a pelican or zebra crossing.
Cyclists will be given priority at junctions when travelling straight ahead and are being told, where appropriate, to ride in the centre lane to make themselves as clearly visible as possible on quiet roads or streets, but to move to the left to enable a faster vehicle to overtake them if they come up behind them.
As a firm, we welcome these changes. Anything that can hopefully reduce the number of accidents, especially those involving vulnerable road users, has to be worth pursuing.
At Tinsdills we have seen the devastating impact of accidents involving vulnerable road users and, as a result of these changes, we will hopefully start to see less of them.
More information regarding the changes to the Highway Code can be found here: The Highway Code
During the COVID-19 pandemic we saw a reduction in the number of claims brought for accidents at work. There may well be a number of reasons for this, but the most obvious being that a lot of people were not based at their place of work during the early stages of the pandemic as they were either working from home or had been placed on furlough.
Additionally, there is reason to believe that employees have been worried about their job security and as such have been reluctant to make a claim to their employers for an accident at work for fear of reprisals.
As furlough comes to an end and more people return to work, we expect the number of accident at work claims to once again increase.
So what should you do if you are unlucky enough to suffer an accident at work?
The first thing that you should do is to let your employer know. You would be surprised at the number of people who come to Tinsdills having suffered an accident at work and then have difficulties pursuing their claim as there is no proof that the accident happened as they never reported it to anyone.
When you report your accident, you should make sure that your line manager fills out the Accident Report Form. You should read this to check that it is accurate and correctly sets out what has happened and you may be asked to sign this. If you are in too much pain to properly complete the form or read it, say so and do not sign it until you feel better and can consider it properly.
If you are too badly injured and are immediately taken to hospital, then you should call your employer once you are well enough to explain what has happened and ask to see the Accident Report Form. If you email your employer, you should keep copies and make a note of the date and time of any calls together with details of the name of the person you spoke to.
If you are well enough, you should take photographs of the accident scene and take details of any work colleagues or other people who may have witnessed your accident. If they are prepared to provide a short statement detailing what happened, then you should ask for this.
Your employer may need to report your accident to the Health & Safety Executive who may interview you about your accident.
If you are not taken to hospital as a result of your accident, you should see your GP even if you do not think initially that your injuries are particularly serious. They could develop and become much worse in the future and it is important that you have recorded what happens with medical professionals.
Many employees are worried about making a claim against their employer for an accident that has occurred at work for fear of losing their job. There are laws to protect your employment rights and these include laws to prevent you from being discriminated against, bullied or harassed or dismissed from your job.
If you think that your employer is treating you differently because you have made a claim, you should ask them in writing for an explanation as to why they are treating you in the way that you feel is unfair and if you are not satisfied with the response that you receive from your employer, Tinsdills have employment lawyers who would be able to provide you with expert advice on these matters.
If you want to talk through a possible accident at work claim then call Tinsdills in confidence and we will use our years of experience to help you.
Did you know that the Highway Code is likely to be changed in Autumn 2021? Last year the Government ran a consultation on the proposed changes to the Highway Code between July 2020 – October 2020. They announced in July 2021 the results of that consultation and changes that will be made subject to parliamentary approval in the Autumn.
The purpose of the changes is to give protection to the most vulnerable road users. The proposals will create a hierarchy of road users that ensures that those who can do the greatest harm have the greatest responsibility on the road to reduce the danger that they pose to others.
This hierarchy will have pedestrians, especially vulnerable pedestrians such as the elderly and children, at the top of the pyramid, as they will be classed as those who can cause the least harm.
Cyclists, horse riders, motorcyclists and cars will then follow with vans, HGV’s and buses at the bottom of the list.
Drivers will be told to give priority to pedestrians and cyclists and told to stop for people crossing the road, even if they are not at a pelican or zebra crossing.
Cyclists will be given priority at junctions when travelling straight ahead and are being told to ride in the centre lane to make themselves as clearly visible as possible on quiet roads or streets, but to move to the left to enable a faster vehicle to overtake them if they come up behind them.
As a firm, we welcome these proposed changes. Anything that can hopefully reduce the number of accidents, especially those involving vulnerable road users, has to be worth pursuing.
At Tinsdills we have seen the devastating impact of accidents involving vulnerable road users and, as a result of these changes, we will hopefully start to see less of them.
We are sure you will have seen a number of e-scooters pop up in the local area.
In May 2020, the Department for Transport authorised the use of rental e-scooters on public roads so they could explore their impact before making a final decision on their permanent use.
Since September 2020, a number of e-scooters have been available to rent within the Newcastle-under-Lyme and Stafford areas. These areas chose different e-scooter providers and as a result they have slightly different rules of use, so it is recommended to check each providers specific rules before deciding to hire.
During the trial period, it is compulsory for all e-scooters to have motor insurance which is currently arranged by the rental operator, however it is not clear what the position will be after the trial.
Did you know that if you own an e-scooter, it is illegal to use it on public roads and pavements and can only be used on private land? Hence there being no requirement to have insurance for your private e-scooter whilst using it on private land. However, it will be interesting to see what the Government decide following these trials.
As best practice, it is always a good idea to have insurance whilst on the public road whether or not the Government make it compulsory. Otherwise, if you are involved in an accident or cause injury to another person, you may find that you are involved in an expensive litigation process that you must meet out of your own funds rather than being insured for this risk.
Insurance companies say that the cost of car insurance policies increase year on year due mainly to the amount of personal injury claims made following road accidents.
The insurance industry have asked the Government for quite some time for changes to be made to tackle this. In 2013, substantial changes were made, which, amongst other things, limited the costs that could be claimed in personal injury claims, resulting in huge savings to insurance companies and their shareholders. However, despite these savings, most did not see a deduction to their insurance premiums.
Insurers understandably remained unhappy following the 2013 changes and pushed for even further reform. Now we are about to see arguably the biggest changes come into force, and you may not even be aware. These changes will fundamentally affect how and what you can claim for following a road traffic accident.
If you sustain a whiplash injury following an accident that takes place on or after 31st May 2021, the introduction of the Whiplash Injuries Regulations 2021 will mean that the level of compensation you receive will be capped in line with the tariffs contained within the Regulations. So what does this mean for you? By way of example, a whiplash injury lasting 3-6 months will likely attract a figure of £495 which is approximately a quarter of the sum that would probably have been awarded if the accident had occurred before the end of May 2021.
Furthermore, those bringing a claim for whiplash following a road traffic accident with a value of under £5,000 for their injuries will not be entitled to payment of their legal fees from the other parties’ insurers. This means that you will have to pay your solicitor to represent you in these claims or take on the well-funded insurer alone.
However, there are some exceptions to the new compensation amounts. Cases made by “vulnerable road users” will not fall within the reforms. This includes those who were injured whilst: –
using a motorcycle;
a pillion passenger on, or a passenger in a sidecar attached to, a motorcycle;
using a wheelchair, a powered wheelchair or a mobility scooter;
using a bicycle or other pedal cycle;
riding a horse; or
a pedestrian;
Chances are, you probably will not have heard about these reforms nor will come across them unless you have a road traffic accident after 31 May 2021, and whatever the fairness or merits of these reforms, they fundamentally affect all road traffic accidents and are here to stay.
If you would like more information regarding these reforms, or wish to speak to our expert Personal Injury Solicitors regarding a potential road traffic accident compensation claim, speak to one of our advisors on 01782 956363.
May is National Walking Month and hopefully as the evenings are lighter for longer we can continue the good habit we all tried to incorporate into our new routines during the third lockdown.
Walking is free and has a whole host of health benefits especially for your heart. It has been shown to reduce the risk of heart disease and strokes and can also lower the risk of dementia. Not only that, walking will also help improve your mood by releasing “happy” chemicals into your body, so why not give it a go this May.
Of course, when taking part in any outdoor activities, we should try our best to ensure we do so safely. So whether you are hiking in the countryside or walking around your estate or local town here are a number of tips to follow so that we can all stay safe whilst walking.
Roads
The Highway Code sets out how as pedestrians we should act on the roads to stay safe. This includes:-
• Always walk on pavements if possible • Use designated crossings as far as possible and follow the Green Cross Code • Try to avoid crossing between parked cars and make sure the driver has seen you before crossing • Help other road users to see you by wearing or carrying something bright or fluorescent • Use reflective materials at night such as armbands, sashes or jackets • Take particular care of young children, pushchairs and wheelchairs
Countryside
A lot of roads in the countryside won’t have pavements.
If you are in a small group, always walk on the right hand side of the road, facing the oncoming traffic so that you can be seen. Consider crossing to the left hand side on sharp bends before returning to the right hand side after the bend.
If you are part of a large, organised group, then you should stay to the left with a look out at the front and back with appropriate lighting/reflective material.
Don’t become distracted by electronic devices – look and listen out for traffic and enjoy the views!
Potholes
As you are walking, keep an eye out for potholes and uneven pathways or kerbs, many injuries occur whilst walking from pedestrians tripping on uneven ground or deceiving potholes.
Alcohol
A well-deserved drink part way through/at the end of a walk is fine, but don’t consume so much that your judgement and abilities are impaired.
Most importantly, enjoy the fresh air, and try exploring some of your local walking routes this month, you may be surprised by how many beauty spots there are at hand.
Our Personal Injury Team are very experienced in dealing with accidents involving pedestrians. To find out more information, contact our friendly team on 01782 956123.
With lockdown restrictions gradually easing, the roadmap means that we can hopefully regain our “me time” and get our roots touched up, eyebrows threaded, a manicure and maybe even a tattoo or new piercing.
The last thing any of us want after not being able to have beauty treatments for so long is a regret of why did something go wrong and deal with the impact it will have on your appearance and in turn your confidence.
When you have your hair coloured, any reputable salon will arrange for a patch test or strand test if it is your first time with them, or if they change the products they use. This is usually done 24 hours before your appointment to ensure that the product is compatible with you. We have seen several clients who have unfortunately attended the salon and not had tests taken and this has resulted in not only damage to the hair and scalp; but also hair loss.
Damaged hair cannot always be repaired with deep conditioning or a hair mask, and unfortunately, a lot of clients simply had to allow the damage to “grow out”, and new hair growth to come in for the condition of the hair to be back to how it was. On average, your hair grows about ½ an inch each month meaning that it can take years before you achieve the hair you want.
Remember; always check out reviews for any new salon or parlour you have not been to before. If you are having your hair coloured for the first time at a salon, and you are not asked to have a patch or strand test, this should ring alarm bells to you. Consider going elsewhere or wait for your own stylist to be available rather than attending a sooner appointment that you may later regret.
When attending for a tattoo or piercing, the piercer or tattooist should hold a licence to carry out such business, a certificate issued by the Council. These should be clearly on display, and if they do not have such a certificate, you should question why and maybe walk away.
It is advisable to ask the piercer or tattooist about the risks of infection with performing the procedure and obtain clear aftercare advice. For example, helix piercings (those to ‘cartilaginous’ fibres) whilst infection is not necessarily more likely to occur, an infection here compared to the ear lobe is more difficult to treat and may cause severe scarring and permanent deformity.
So, be vigilant!
At Tinsdills we have a vast amount of experience supporting our clients with beauty salon negligence issues, and if you feel that you have received substandard care during a beauty treatment, contact us to see how we can assist you on 01782 652363.
Unfortunately, road traffic accidents are a common occurrence in the UK with resultant injuries ranging in severity – from minor to serious, life altering injuries.
At Tinsdills, we assist clients by securing the strongest possible compensation to help cover losses incurred as a result of a road traffic accident. Some of the most common categories we work with are pedestrian, cyclist and motorcycle accident claims – and in this blog, we detail further information on making a claim and some helpful facts to help guide you through the process.
Motorcycle Accidents – Key facts and stats
Motorcyclists are vulnerable road users and are much more likely to be injured in an accident than motorists. This is because they have much less physical protection than those travelling in motor vehicles.
According to Department for Transport figures, in Great Britain, 19,297 motorcyclists were injured in reported road accidents in 2016, with 5,553 being seriously injured and 319 being killed, bearing out the vulnerable nature of motorcyclists. There are of course likely to be many more accidents than these as the figures only include those accidents reported by motorcyclists.
Most common types of motorcycle accidents
The most common types of motorcycling accidents include the following:-
Other motorists emerging from a minor road into the path of the motorcyclist on a major road.
Other motorists turning from a major road into a minor road across the path of the opposing motorcyclist.
Turning or an emerging motor vehicle colliding with a filtering motorcyclist.
The driver of a motor vehicle losing control of their own vehicle and colliding with the motorcyclist.
The motorcyclist becoming injured as a result of the condition of the road, for example, striking a pothole or a missing drain cover.
What should I do if I am involved in an accident as a motorcyclist?
If you are able to, you should obtain the details of the motorist that has been involved in the accident including their registration number, make and model of the vehicle and also obtain their insurance details. If possible, take a photograph of the vehicle and any damage and take a description of the driver.
If possible, you should ensure that you take details of any witnesses to the accident and take photographs of the surrounding area if you are unfamiliar with it so that you can precisely identify the accident location. Check out the local area for any CCTV that may be available or any dashcam footage from any vehicles that may have stopped and witnessed your accident. You may, of course, have your own footage from your wearable technology.
If your accident is as a result of a defect in the road you should do the following:-
Take a photograph of the pothole or defect, including measurements, together with a photograph of the surrounding area to provide context. If this is not possible at the time of your accident, return to the scene or ask someone to return for you and take photographs. At Tinsdills, we have a guide to photographing defects, please click here.
Take details of any witnesses to the accident. Check the area for any CCTV footage that may be available or dashcam footage from any witnesses. You should also check your own footage from any wearable technology that you have.
Cycling Accidents – Key facts and stats
The number of cyclists in the UK has risen drastically in the last decade and this is a trend that looks set to continue with more people taking up cycling during the lockdown caused by the coronavirus.
Cyclists are particularly vulnerable road users as they are much more likely to be injured on the road than other road users who travel in motor vehicles. This is because they simply have much less protection than those travelling in motor vehicles.
According to Department for Transport figures, in 2018, 17,550 cyclists were injured in road accidents that were reported, included 4,205 who were seriously injured or killed, bearing out the vulnerable nature of cyclists. There are likely of course to be many more accidents than these on the roads as these figures are only the accidents reported by cyclists.
Most common types of cycling accidents
The most common types of cycling accidents include the following:-
The cyclist being struck by a HGV either by the wing mirror or as a result of being in the HGV’s blind spot.
The motorist pulling out into the path of a cyclist.
The motorist turning into a junction and across the path of the cyclist.
The cyclist being struck from behind having been unseen by the motorist.
The overtaking motorist failing to allow enough space when overtaking the cyclist.
The cyclist becoming injured as a result of the condition of the road, for example, striking a pothole.
Claiming after being hit by a motor vehicle
If you have been involved in an accident as a pedestrian and have been hit by a motor vehicle such as a car, van, lorry or motorbike, then you may be able to make a claim as a pedestrian against the person responsible.
As a vulnerable road user, you may well be more severely injured if you are struck by a motorist as you will not have any of the protection of other road users in vehicles. These injuries can often be serious and greatly affect your life.
The law will protect pedestrian victims of road traffic accidents. If you are injured through no fault of your own, perhaps after being struck by a motor vehicle whilst crossing the road or as a result of a motor vehicle mounting the pavement, then you could hold them to account and could be entitled to compensation related to the severity of your injuries.
Our solicitors are dedicated to providing helpful legal advice to all of our clients to ensure they get the amount of compensation and closure they deserve from accidents caused by motor vehicles whilst they are in the vulnerable position of being a pedestrian.
If you’ve been injured as a result of a road traffic accident, our friendly team of personal injury lawyers are well-versed in helping clients receive deserved compensation. Get in touch with us to discuss your claim.
[vc_row][vc_column][vc_column_text]With Spring now upon us and Summer to look forward to, when the weather is fine we all enjoy the great outdoors whether that be playing sports, walking or one of the many other physical activities summer tends to inspire. When the great British weather turns wet and windy we often head indoors with family and friends to the cinema, swimming and leisure centres, or perhaps increasingly to trampoline parks.
No-one wants to suffer an accident when enjoying any of these activities, but accidents do unfortunately happen from time-to-time.
Accidents at Trampoline Parks
The BBC 5 Live report highlighted this issue and stated that ambulances were called to trampoline parks in the UK more than 300 times in a year, with Flip Out Stoke having the highest rate of call outs amongst the 13 ambulance trusts that responded – 17 times in 109 days, or once every 6 days since it opened in December 2015.
No-one would wish to prevent people from enjoying sporting and fun activities, and a lot of the types of activities that we all enjoy will carry an element of risk that we all accept when participating in them. However, all venues have a duty to ensure that we are kept reasonably safe when we are there and are not exposed to an unnecessary risk of injury.
Injury Claims – Get Expert Advice
There will be different requirements and obligations placed on venues depending upon the type of activity that is undertaken, but if you do suffer an injury whilst participating in a sporting or physical activity then get in touch with our experts at Tinsdills, all of whom are experienced at dealing with these types of personal injury claims.
We will be able to discuss your accident with you, and if there has been fault on the part of the venue we will be able to guide you through the claims process every step of the way to ensure that you receive the treatment you require to get back on your feet, and to secure you the compensation you deserve.
Call us on 01782 652363 for further advice today.[/vc_column_text][/vc_column][/vc_row]
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