Motorway Accident Compensation Claims

Motorway accidents are common and can happen on any part of a motorway or slip road leading on and off the motorway. As vehicles travel along these types of roads at very high speeds, people injured in this type of accident will often sustain severe and catastrophic injuries as well as psychological injuries due to trauma.

All road users, especially drivers, owe each other a duty of care. Certain acts of omissions on the road can lead to them breaching their duty of care, which could result in a potential claim being made against them.

If you have been injured in an accident on a motorway, you may be entitled to claim compensation. Contact Beacon Law today to speak to one of our specialist road traffic accident claims solicitors for a free, no obligation, initial consultation.

Causes of motorway accidents

Motorways have a higher speed limit than all other roads. It is for this reason that many serious accidents occur often due to the high speed of cars travelling along a motorway. There are many different causes of motorway accidents, including:

• Driving in unsafe weather conditions
• Drivers travelling at unsafe speeds, above the speed limit
• Drivers not paying attention to the roads
• Drivers driving under the influence of drugs or alcohol
• Tiredness whilst driving, especially during long journeys
• Use of mobile phones whilst driving

Beacon Law have dealt with many types of car accident claims, caused by many different factors. Whatever the cause of your motorway accident, contact Beacon Law to find out if you could make a no win, no fee motorway accident claim.

Types of injuries caused by a motorway accident

Various different types of injuries can be caused by a motorway accident, some will be minor; however, a large proportion of injuries will be severe. The most common types of injuries suffered by those involved in this type of accident include:

• Brain and Head Injuries
• Spinal Cord Injuries
• Paralysis
• Fractured, broken and shattered bones
• Sprains, strains and soft tissue injuries
• Burn Injuries
• Crush Injuries
• Amputation injuries
• Nerve damage injuries
• Psychological injuries, such as PTSD

Sustaining an injury following a road traffic accident can be traumatic for you and your loved ones. Beacon Law aims to support you through this difficult time by working on your behalf to help you recover the personal injury compensation you deserve.

What should you do after a motorway accident?

Not everyone knows exactly what they should do after they have been involved in a road traffic accident, especially if the accident happens on a motorway. If you have been involved in a motorway accident, you should always stop your vehicle in a safe place; do not leave the motorway as someone involved in the accident may be injured and your car could be unsafe to drive. You should always switch on your hazard lights and call the emergency services as soon as possible.

You should note the registration number of the other vehicles involved and take photographs of the scene, if you are able to do so. Make sure you note the exact location and date of the accident and obtain witness statements if possible.

You should attend your G.P. or hospital to have your injuries assessed and treated. Keep receipts for any treatment, parking, or travel expenses to and from your appointments.

Contact your insurance company to make them aware of the accident and any damage to your vehicle. If you pay for any repairs to your vehicle following the accident, make sure you keep all receipts and invoices for this.

If you were involved in a hit and run accident, or by an uninsured driver, you should contact the police to inform them of the accident.

If you would like to find out about making a personal injury claim following your accident, contact Beacon Law to discuss your case and the legal services we may be able to offer you.

Motorway accident compensation claims: How much compensation could you be entitled to?

The amount of compensation you receive will be largely based on your pain, suffering and loss of amenity, therefore, to understand the extent of your injuries, we may need to obtain your medical records and/or arrange a medical examination to have the extent of your injuries assessed.

We will then negotiate a settlement of your claim based on our valuation of your claim.

The amount of compensation awarded for your pain, suffering and loss of amenity in a personal injury claim will vary depending on the severity of your injuries.

When making a valuation of your injuries, we use recent case law, as well as guidelines set out by the Judicial College. We will then negotiate a settlement with the other side to ensure you receive the best level of compensation for your injuries.

As well as claiming general damages (compensation for your injuries), you will be entitled to recover Special damages. Special damages refer to any additional losses. These losses may include:

• Costs of repairs for damage to your vehicle.
• Loss of Earnings if you have had to take time off work as a result of your injuries.
• Medical Expenses for any treatment received as a result of the accident.
• Compensation for care and assistance if you needed help around the home due to your injuries.
• Travel expenses for any costs incurred travelling to and from appointments relating to the case or accident.
• Costs of any adjustments you have been required to make at home as a result of your injury

It would help if you kept all receipts and invoices for your additional losses as these will be required to prove your losses.

Motorway accident compensation claims process

The process for making a motorway accident compensation claim involves several key steps, which include:

Seek medical attention

You should get immediate medical care for any injuries. This ensures your well-being and provides documentation of your injuries, which will be crucial for your claim.

Report the accident

In certain circumstances, you should report the accident to the police, especially if there are serious injuries or disputes about fault. Obtain a copy of the police report, which can support your claim.

You should always notify your insurance company of the accident promptly.

Gather evidence

Collect as much evidence as possible from the accident scene. This can include:

• Photos of the vehicles, the motorway layout, and any visible injuries.
• Dashcam footage (if available).
• Witness contact details and statements.
• Weather and road condition details at the time of the accident.

Establish liability

Determining who is at fault is crucial. Liability may involve:

• Another driver’s negligence (e.g., speeding, reckless driving).
• Poor road maintenance (e.g., potholes or debris on the motorway).
• Faulty signage or barriers.

A solicitor can help gather evidence and consult experts to prove fault.

Consult a solicitor

If you wish to make a claim, it is advisable that you contact a personal injury solicitor experienced in road traffic accidents. Beacon Law are a firm of no win, no fee solicitors who handle motorway accident compensation claims using a Conditional Fee Agreement (CFA).

Your solicitor will assess the strength of your case and guide you through the process.

Make a claim

If we agree to take on your claim, your solicitor will send a letter of claim to the at-fault party or their insurer, outlining your injuries, damages, and the compensation sought.

The opposing party has a set time (usually three months) to respond, admitting or denying liability.

Negotiate a settlement

If liability is accepted, negotiations will begin to agree on compensation between your solicitor and the at fault party for:

• Pain, suffering and loss of amenity.
• Medical expenses.
• Loss of earnings.
• Vehicle damage and other associated costs.

If a fair settlement cannot be reached, your solicitor may advise proceeding to court.

Court proceedings (if necessary)

Most cases settle out of court, but if an agreement isn’t reached, your solicitor will represent you in court to secure a judgment.

No win, no fee motorway accident compensation claims

Beacon Law are aware that those who suffer an injury are often concerned about the financial risks involved when instructing a Solicitor. For this reason, we offer a no win, no fee agreement.

A no win, no fee agreement is used as a way of funding a case where the accident victim does not have the means, or does not wish to pay the costs involved as the case progresses.

When acting under this type of agreement, we will require that our Clients sign a Conditional Fee Agreement (CFA) which means that they agree to pay our fees, but only if the claim is successful.

It is worth noting that we will only agree to take on your case if there is at least a 50% chance of success. In other words, they will only agree to provide a no win, no fee service if we believe we are likely to win your case

The conditions for what will be payable on a successful claim will be listed within your Conditional Fee Agreement or retainer. When pursuing a claim through no win, no fee solicitors, you will be required to pay a success fee on conclusion of a successful case. The success fee will be capped at 25% of your damages in most circumstances.

You may also be required to pay an additional amount for an After The Event (ATE) insurance policy. At the start of your case, the ATE Insurance policy may have been taken out on your behalf by your Solicitor to protect you from having to pay the Defendant’s costs, such as Court fees, and disbursements if your case is unsuccessful. This should also be explained within the CFA.

Time limits for making motorway accident compensation claims

The time limits for making motorway accident compensation claims typically follow the general rules for personal injury claims:

General time limit:

You have three years from the date of the accident to begin your claim under the Limitation Act 1980. This applies to cases involving injuries sustained in a motorway accident.

Children:

If the claimant is under 18, the three-year time limit starts on their 18th birthday, giving them until their 21st birthday to make a claim.

Mental incapacity:

If the injured party lacks mental capacity, the time limit is extended, and it only begins if or when they regain capacity. If they never regain capacity, the time limit may not apply.

Fatal accidents:

If the accident results in a fatality, the three-year limit starts from the date of death or from the date the cause of death is established (e.g., after an inquest).

Claims against public authorities:

If you are claiming against a public authority responsible for road maintenance (e.g., National Highways or a local council for issues such as poor road conditions or lack of signage), the three-year rule generally applies. However, claims for damage (rather than injury) might have shorter deadlines.

It’s best to consult a solicitor as soon as possible to ensure that evidence can be gathered effectively and deadlines are met.

Why Choose Beacon Law?

Beacon Law are specialist, professional Personal Injury and Road Traffic Accident Solicitors with a wealth of experience in dealing with all types of Road Traffic Accident Claims, including those which involve catastrophic injuries. We can provide you with specialist legal advice on making a claim and guide you through the process, whilst negotiating the best settlement for your accident and injuries.

Our specialist personal injury solicitors are highly experienced and we have recovered substantial damages for client’s injured on the road. To find out more about making a claim after a road traffic accident on a no-win, no fee basis, take a look at the funding section on our website.

Beacon Law also deal with accident at work claims, medical negligence claims and slips, trips and fall claims.