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There is a certain responsibility for all the road users, no matter if it is a motorcyclist or a pedestrian. It is important to obey the Highway Code and the laws to ensure consideration and care for other people on road. Failure to comply with them can lead to violation of the responsibility of care, which is called as negligence by law. When this negligence leads to a road accident the injured person then has all the rights to make a road accident claim for compensation for the same.
However, at times it does happen that some car accidents occur not due to the mistake of road users, but for bad conditions of road that are to be blamed. To maintain a smooth and safe condition of road is therefore the responsibility of local highway agencies. So, in such accident cases, the compensation can be claimed from these agencies.
In order to make a successful road accident claim, the work starts from the site of the accident itself especially immediately after the accident. According to the law, it is necessary to inform the police without any delay. This becomes all the more important if someone has got hurt. The report filed at this time helps a lot in further legal proceedings. The next important thing is to make a record of all the details if possible, ranging from the name, vehicle number and contact details of the other party to those of the witnesses and also photographs of the car accident site and vehicle if possible.
After having done this, seeking legal advice is a must as soon as possible. Medical evidence is an important document that has to be presented. Also, the opposed party should be aware of the fact that someone is making a road accident claim against them for breaching their responsibility of care for road users and the injury sustained was actually a consequence of their negligence.
In case the road accident compensation claim proves to be a successful one there are two elements that an aggrieved party will be entitled to as compensation. First is the general damage that involves monetary claim for sufferings and pain along with the loss of any amenity like, if disabled to look after the garden. This loss for any amenity can be both for a lifetime and for a short span as supported by the medical evidence. The second element will support the injured person financially and will pay for all expenses of treatment and the loss of financial income if any.
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