Cyclist Crashes into Car and Wins Compensation Claim
A cyclist who is 16 years old has won his road traffic accident claim after having sustained a personal injury while crashing into a car. The teenager was cycling along a road at around 8pm in dark conditions and without any lights on his bike. However, he was cycling on the pavement at the time and so arguably did not need them on the 30mph speed limit suburban road. After cycling for a stretch on the pavement, he made a move on to the road where he collided into a car traveling in the same direction. The boy crashed into the car, sliding across the bonnet and striking his head on the near side and the top of the windscreen before he made contact with the roof of the vehicle, finally sliding down to the road, having sustained serious personal injuries.
While the case initially seems to be clear cut in favor of the motorist, the judge overseeing the road traffic accident
claim actually ruled in favor of the cyclist claimant, stating that the driver was at fault for driving above the speed limit at around 35mph. Because of the speeding, he was driving his car at a velocity which inhibited him in seeing the danger of the young cyclist. He went on to say that 30mph speed limits had been set up speed for precisely this reason, to allow sufficient time to break and avoid urban hazards.
In spite of winning, the cyclist was found to be 50 per cent to blame for the incident. However, the judge then later reduced the contributory negligence to 33 per cent, apparently allowing for the fact that the cyclist was just 16 years old. The offending driver’s insurance company believed that the cyclist was 100 per cent to blame for the accident, and at least should be found with a higher percentage of contributory negligence. While the judge held his ground, a hearing later found that the judge was wrong to have changed the contributory negligence due to the boy being 16 years old. The amount of compensation won is currently undisclosed.
How To Win a Car Accident Claim
Successfully winning a car accident claim can depend on your actions after the crash. There are certain things you need to do that will help your injury attorney prove liability and win a fair compensation for your damages. Below is a short guide of what to do after you are involved in a car crash.
Stay Calm
Try to stay calm and get out of the car if you are able to. If you are badly injured stay in your car and wait for the ambulance. You will need to calmly collect information from the other party, such as their name, address, vehicle license number and name of their auto insurance company.
Remain at the Accident Scene
It is not OK to leave the scene of an accident where there are injuries before the police arrive and question you. There are laws against fleeing an accident scene where someone has been injured.
Call 911
When someone is involved in a serious accident where there are personal injuries or a death they should immediately call 911 for emergency medical help. When you call 911 the police or highway patrol will also be summoned to the scene.
Observe the Scene and Write Down What Happened
It is important to write down what happened as soon as possible so you won’t forget any details. What did the other drive have to say? What were the road conditions? What time of day was it? Was it rainy or not? How many passengers were with you and were they hurt? How many passengers were in the other car and were any of them hurt? These are all facts your car accident attorney will want to know.
Don’t Say You Were at Fault
Even if you were at fault you should never admit this to the other driver. Only give the other driver the information they need to report the accident to their insurance company. This means name, address and vehicle license number. Try to be friendly but don’t say more than is necessary.
Take Pictures
If you have your cell phone with you it is a good idea to take pictures of the accident scene. You can also record it with your video recorder. Take a picture of the damages to your car and to the other car.
Talk to Witnesses
If people are around that saw the accident happen, ask them what they saw. You should write it down or record what they say with your phone. Be sure to get their names and contact information.
Get Medical Help
Never refuse medical help, even if you don’t feel like you were hurt badly. You never know how your injuries can manifest later. Getting medical help will give you proof of injury too.
Contact Your Insurance Provider
Report your accident as soon as possible to your insurance provider. Contact a car accident attorney when someone has sustained a personal injury in the accident or when you believe a wrongful death attorney may be of help.
SUV-Car Collision Leaves 4 Dead in Fontana
Investigation of a fatal SUV-car collision is underway in Fontana where 4 people died and 1 was injured.
At 9:35 p.m Sunday evening, an SUV heading eastbound on Baseline Avenue collided with a Nissan sedan that was heading southbound on Cherry Avenue. The SUV was launched into a light pole, wrapping around it after colliding with the Nissan. Two individuals who happened to be brothers, died instantly in the SUV. Three other individuals were taken to the hospital, where 2 didn’t make it (including an 11-year-old boy).
Authorities deemed it unclear whether drugs, alcohol or excessive speed contributed to the collision.
Workers shut down Baseline Avenue to replace the power pole according to Southern California Edison.
Injury attorneys, specifically auto accident lawyers may be of assistance to the surviving victim.
