Whiplash – It’s time to take it seriously

Let’s be clear from the outset, whiplash is a serious injury and can result in long-term damage and lessen the quality of an individual’s life if left untreated.  It has often had the reputation as the type of personal injury claim unscrupulous people use as a vehicle to defraud insurers. However, according to an independent survey of 4000 respondents conducted by the Association of Personal Injury Lawyers (APIL) in 2012:

• Up to 40% of those who suffer from whiplash never claim for compensation
• In the previous 12 months whiplash claims had fallen by 24,000
• Almost 90% of claimants were diagnosed with whiplash by a medical professional
• Far from being an epidemic, only 1 in 100 individuals suffered from whiplash in the preceding 12 months of the survey being conducted
• 80% of suffers either report their symptoms accurately, or underplay them
• Just under 30% of claims were encouraged by the victim’s insurance company

What is whiplash?

Whiplash, or neck strain, is caused when a sudden, violent movement or impact causes your head to jerk forward, backwards, or sideways, beyond its normal range of movement.  The strain can take several months to heal. The muscles and tendons in the neck stretch and tear causing various symptoms such as:

• Neck pain and stiffness
• Headaches
• Pain when moving the neck
• Back pain
• Pins and needles in your arms and legs
• Dizziness
• Tiredness
• Blurred vision
• Vertigo

Occasionally whiplash can result in a chronic, long-term condition and can lead to anxiety and depression.

Treatment for neck strain includes medication, physiotherapy and keeping your neck mobile.

What causes whiplash?

A common cause of whiplash is being involved in a motor vehicle accident, especially a rear-end collision as the impact throws your head forward with great force and then snaps it backwards.

Whiplash can also be caused by a sudden blow to the head (for example while participating in a contact sport), or by a slip or fall.

Recovery from whiplash

The majority of victims make a full recovery from whiplash within six months. However, around 10% of victims suffer ongoing, chronic pain associated with their injury, and half of those people are unable to work or enjoy a reasonable quality of life.  The reason for this is often as mystifying to the medical professionals as it is to the patients.

Studies have been conducted in Australia which illustrate that in approximately 50% of chronic whiplash cases, the pain originates from specific nerves inside the neck.  By deadening these nerves permanently the pain can be eradicated.

Rehabilitation instead of compensation?

There has been a recent call for a debate about compensating whiplash victims financially.  It has been suggested that claimants should receive rehabilitation instead of cash settlements. However, the idea has received lukewarm response from insurers.  Instead it has been suggested that the rules for compensation claims should be tightened by methods such as restricting the time limit a person has to lodge a claim.

This would discourage the small number of fraudulent claimants and allow solicitors and insurers to concentrate on supporting the people who have genuine cause to seek a financial settlement for their injury.

If you have received a neck strain injury and are unsure as to whether you are entitled to compensation, visit our dedicated page or contact us today on 0333 400 4445 or fill in our contact form.  Our experienced and empathetic team can assist you with advice on the next steps to take.

Police Negligence – The Courage to Complain

Can you imagine life without an entrusted, professional police force? Believe it or not, the police force as we know it today is less than 200 years old.  In 1829 the Metropolitan Police Force was established by Sir Robert Peel and today we rely on the police to keep our persons and property safe.  And most of the time they do an exemplary job.  However, like all professionals, police officers are not immune to making critical errors of judgement that can cause irreparable damage.

Recent cases

Take for example the following recent incidences:

In January 2014 police accepted liability for a serious brain injury which caused irreversible, long-term damage to a young man who was left in a cell for 10 hours with no medical treatment after sustaining a head injury. The custody sergeant was made aware that the youth had suffered a head injury but he failed to make a record of it. The victim was classified as drunk and simply placed on half-hourly checks. The victim’s family were advised that had treatment been sought sooner he would have made a full recovery.

In May 2014a 28 year old man settled his claim for personal injury against the Police Service of Northern Ireland. The victim was joyriding in a stolen car in Belfast seven years ago when he was shot by police and left permanently blinded in one eye. He sued the PSNI on the grounds that, “….the policeman who opened fire acted in complete defiance of the relevant regulations. The officer shot directly at the car, aiming for the upper body or head, using lethal force in a built-up residential area”.

In July 2013a Scotland Yard marksman was found by an official inquiry to have unlawfully killed a man he shot six times. The family are still waiting for criminal charges to be brought against the officer.

Because the police are in an authoritative position, many people have no idea what steps to take if they have suffered harm due to police negligence.  Examples of wrongs endured include:

False imprisonment/Wrongful arrest

You may be entitled to compensation if the police have detained you unlawfully.  The police must have a lawful excuse for detaining you; they cannot restrict your movements for their convenience.

Assault

Police have a right to use reasonable force. However, if you are the victim of wrongful arrest, or you feel the force used against you by a police officer was excessive you may be able to claim compensation.

In July 2013, a father of one was thrown into a police cell and suffered broken fingers after being pulled over for driving too slowly.  A jury at Manchester County Court found the Greater Manchester Police guilty of unlawful detention and assault and stated there was no justification for his three hour detention.

Discrimination or harassment

The police are a public body and therefore must fulfil both the general and specific requirements under the Equality Act 2010.  The characteristics protected from discrimination under the Act are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Race
• Religion or belief
• Sex
• Sexual orientation

If you believe you have been harassed or discriminated against because of any of these characteristics you may be entitled to compensation.

You may also make a complaint against the police if you have been injured by a police vehicle or you believe a weapon was unlawfully used against you by a police officer.  The harm does not need to be physical, you may be entitled to compensation if you have suffered emotional or physiological trauma due to police negligence.

How to Make a Claim

The first step to making a claim is to seek legal advice.  Your lawyer will advise you on how best to proceed with a case for compensation.

To assist your case it is vital that you write down any details of the incident and ensure you obtain contact details of any witnesses to the wrongdoing.  Make sure you document any medical assistance you have received and take photos of any injuries sustained.

If you believe you have been a victim of wrongful conduct by the police visit our dedicated page, or contact us today and we will guide you through the process in complete confidence.

The State of Britain’s Construction Sites

A bit of history

In January 2011 a 31 year old Romanian man, Silviu Radulescu, suffered fatal head injuries after a 2.5 tonne lift he was standing on plunged five stories.  He had been working at the building site on John Islip Street in London for one week and had not received adequate training for the task he was assigned to.  After a five day inquest at Westminster Coroner’s Court, the jury found Mr Radulescu’s death had been unlawful and the family has demanded that his employers be prosecuted.

Jump forward to November 2013 and another labourer, Richard Laco, 31, was killed on site in north London when piles of concrete and steel came crashing down on top of him as a stairwell was being raised.  In March 2014 a 46 year old man was killed on the Docklands Light Railway site in Stratford after being struck by a piece of machinery.

These are just three examples of recent deaths in the construction industry. Although the number of deaths has fallen overall, it still remains one of the most dangerous professions to work in.

Current Health and Safety Standards

As the economy grows ever stronger and the embattled construction industry of the last six years starts to flourish again, are the health and safety standards on British construction sites up to standard?

In 2011 the Health & Safety Executive which monitors standards within all industries had its funding cut by 35%.  This caused concern among health & safety campaigners, with one calling the situation “a ticking time bomb”.  The reason for the concern is that many attribute the relatively low injury figures of 2012 and 2013 (357 and 307 respectively, per 100,000 workers) to the economic slump which had a very negative effect on the construction industry.

However, as the industry comes out of the downturn, Heather Bryant, the Health & Safety Executive’s chief inspector of construction warned that there was “definitely a risk that injuries and fatalities could increase”. A cut to the HSE’s funding now may result in an inability to monitor standards across the industry at a time when it’s most needed.

The future

The Construction Industry Training Board (CITB) has stated that 182,000 new jobs will be created in the industry over the next five years. However, to avoid an increase in injuries and fatalities, it is vital that the people employed are suitably qualified and properly trained. Small to medium size businesses account for around 70% of fatalities in the industry, and around 40% of workers (rising to 90% in the London area) are self-employed and hired on a casual basis.

As the industry grows this can create a potentially dangerous situation as smaller firms are potentially more likely to cut corners with regards to health & safety and a casual worker is less likely to speak up about unsafe practices because he or she knows they can be let go at a moment’s notice.

The casual nature of employment within the industry also makes it difficult and often uneconomical to implement and deliver long-term training programs to ensure every worker is adequately trained and prepared for the work required.  Building a strong, safety-conscious work culture in such a casualised industry is also challenging, as work colleagues and foreman can change from job to job. Therefore solid, best practice knowledge and formal work-safe practices and procedures are very difficult to put in place.

While an increase in construction work is welcome and extremely good for the British economy, companies need to ensure that their health and safety strategies are firmly implemented now in order to prevent a future increase of lives lost or damaged forever due to preventable workplace injuries.

If you have suffered an injury at a construction site and you believe it was someone else’s fault, you may be entitled to compensation – for more information see our construction injury claims page. If you wish to talk further about your situation contact us on 0845 345 4444 or fill in our contact form, and our friendly advisers will discuss your situation with you.

Food Poisoning – How to avoid it

In April 2014 a Chinese Takeaway in Leicestershire was fined £4,500 for failing to clean up its “revolting” kitchen. The owner did not clean up the kitchen after previous warnings. He stated, “No-one complained of food poisoning from my shop, so I overlooked it.”

Every year, there are around 1 million cases of food poisoning, according to the Food Standards Agency. In most cases, food-borne illnesses are short, violent and nasty, leaving the victim weak and unwell for around a week.  However, in some cases it can be very serious.  Food poisoning contributes to around 20,000 hospital admissions and 500 deaths per year in the UK.

Of course, food poisoning is not confined to situations where people eat out in cafes or restaurants. It can also occur as a result of food prepared in the home.  To avoid the unpleasantness of a food-borne illness developing from your home-cooked supper always remember:

• Wash your hands before handling food, each time you handle raw meat, fish, poultry or eggs, and after using the toilet. Use hot, soapy water.
• Use separate chopping boards for meat and vegetable preparation (it is a good idea to have different colours for each board so you remember which board is intended for which task).
• Keep raw meat away from ‘ready to eat’ foods. Food poisoning often occurs when raw chicken is placed on a refrigerator shelf above a pre-prepared pudding or salad, resulting in the juices from the chicken dripping onto the prepared food, thereby contaminating it with bacteria. Because the contaminated, pre-prepared food is not heated / cooked before serving, the bacteria are not killed off and food poisoning can result.
• Keep your fridge temperature below 5°C.
• Cook food, especially meat and leftovers, properly, and until piping hot.
• Do not risk eating food, especially animal products (seafood, eggs, meat and dairy) after the labelled ‘used by date’.

Whilst you are in control of hygiene standards in your own home, how can you protect yourself from obtaining a nasty bout of food poisoning when you are eating out? Clearly it is not practical to inspect the kitchen yourself!

The best thing you can do is check the restaurant’s Food Hygiene Rating provided by the Food Standards Agency. Simply type in the name of the establishment you plan to visit and it will return a rating from 0 to 5, based on how closely the business is meeting the requirements of food hygiene law.

You can also read reviews of the restaurant or cafe you plan to dine in before you eat there.  In today’s online world, a case of food poisoning often reaches cyber-space in the form of reviews on sites such as www.tripadvisor.co.uk.

Here are some other steps you can take to protect yourself:

Pay Attention to the Cleanliness of the Bathrooms

Good restaurants and cafes take the cleanliness of their bathroom facilities very seriously.  If the rubbish receptacle in the bathroom is full and it looks like it has not had a decent clean in a while you might wonder how clean the kitchen is.

Avoid Buffets

Think about it, the food at a buffet is very vulnerable to inconsistent temperatures, and some restaurants are quite happy to let food sit out for hours without checking it.  Also, a lot of people touch the food and utensils with their unwashed hands.  If you do eat at a buffet, choose an early sitting.

Smell your food

If you detect a funny or unpleasant odour, inform your waiting staff immediately.  The food should smell fresh.

Speak up

In England we’re notorious for complaining vehemently to one and other about the quality of food in a restaurant, but when the waiting staff ask, “how was your meal?” we say, “fine, thank you”, then carry on grumbling to each other.  However, if your food is undercooked or lukewarm, send it back for your health’s sake.

Eating in an establishment that has one of these shortcomings does not necessarily mean you will contract food poisoning, but it is better to be safe than sorry.

Even a mild case of food poisoning can be extremely unpleasant.  If you have contracted it and believe it was someone else’s fault view our dedicated page, or contact us today to discuss your rights to compensation.

Post Traumatic Stress Disorder – Suffering in Silence

Although Post Traumatic Stress Disorder (PTSD) did not become an official diagnosis until 1980, its symptoms and sufferings have been with us for many centuries. For example, there are the cases of ‘shell shock’ during the Great War which are now known to have been cases of PTSD. Unfortunately for its sufferers, PTSD is still seen as a weakness by some and our society expects people who are involved in or witness traumatic events to just ‘get over it’ within a very short period of time.

One aspect that contributes to society’s lack of understanding is that very few people know what PTSD actually is. There is also the question why some people suffer from it after what seems a relatively mild trauma and others can survive a major event and have no symptoms at all. To address these two questions let’s look at the definition of PTSD.

What is PTSD?

According to the NHS PTSD is “an anxiety disorder caused by stressful, frightening or distressing events”. These can include being involved in or witnessing:

• Road accidents
• Violent physical or sexual assault
• Military combat
• Terrorist attacks
• Someone’s violent death
• Prolonged physical or sexual abuse or neglect
• Natural disasters

PTSD does not necessarily develop straight after the event. There have been many documented cases where a person has been involved in, or witnessed a traumatic event, and for months or sometimes even years, they have no symptoms of PTSD. Then, without warning, they suddenly start experiencing the classic signs of the affliction such as:

• Nightmares
• Flashbacks to the event
• Insomnia
• Difficulty concentrating
• Anger and irritability
• Avoidance and becoming ‘numb’ emotionally
• Feeling ‘on edge’ all the time

As scientists begin to understand this disorder, they are discovering that PTSD is nothing new and has been suffered by people throughout history. This goes some way towards dispelling the myth that people who suffer from PTSD are somehow ‘weak minded’ or ‘soft’.

For example, Thomas Heebøll-Holm, a historian at the University of Copenhagen, analysed three 14th century texts written by a French Knight called Geoffroi de Charny, who was also a diplomat and trusted adviser to King John II of France. After studying between the lines, Heebøll-Holm believes he can make a case for medieval knights suffering from some trauma due to their violent and relentlessly harsh lifestyle. Although the author showed no signs of PSTD, in his writing he often expressed concern about the mental wellbeing of other men. You can read more about his fascinating finds here.

Shell-shock is also a well known term, which was applied to soldiers during World War 1 who became hyper-sensitive to noise, dizzy, anxious and began to have tremors. It was initially thought these symptoms were brought on by neurological damage caused by exploding shells and gunfire (hence the term ‘shell-shock’). By 1916 more than 40% of all casualties were attributed to what seemed to be this new phenomenon, and around 350 men who displayed symptoms were executed for cowardice. We now know the horrors of trench warfare had an enormous emotional effect on veterans and 306 of the men who were executed received a group pardon for their alleged offences in 2006.

Why are some people vulnerable to PTSD and not others?

It is estimated around 50% of people will witness or be involved in a traumatic event at some point in their lives and thankfully, most people will cope well, even when confronted with horrendous situations. However, there are a percentage of people who never fully recover after a serious event. Many studies have been done to try and establish why some people, although they initially show some signs of anxiety, do OK in the wake of violence, natural disasters or car accidents and others develop severe, sometimes crippling PTSD.

There are biological differences between those who develop PTSD and those who do not. According to an article in the Nature Journal “functional magnetic resonance imaging (FMRI), which tracks blood flow in the brain, has revealed that when people who have PTSD are reminded of the trauma, they tend to have an underactive prefrontal cortex and an overactive amygdala, another limbic brain region, which processes fear and emotion”.

Environmental factors are also thought to play a part in people’s recovery from trauma. Study after study has shown that social and community support acts as a cushion against PTSD. Religious practice and having a strong purpose in life have also been shown to aide recovery from PTSD.

There is much work to be done to ensure people who suffer from PTSD are not dismissed or seen as defective in some way. Some have stated that even using the word ‘disorder’ in the name is offensive, as post-traumatic stress is a natural reaction to terrible events.

If you suffer or have suffered from PTSD we can offer you helpful legal advice which may assist your situation, for more information visit our Post Traumatic Stress Disorder page. If you would rather speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in our contact form and we’ll get straight back to you.

Dispelling the Myths around Concussion

The most common type of injury sustained after a blow to the head is concussion.  Concussion can range from being a minor incident which requires rest and observation at home, to a severe, life-threatening injury.

As an example of this latter scenario, in April 2014 a coroner ruled that a 14 year old boy died as a result of “second impact syndrome”.  The boy was participating in a school rugby match when he suffered two concussive type injuries in quick succession which saw him collapse to the ground and tragically never regain consciousness.

Listed below are some of the myths surrounding concussion that need to be dispelled in order to protect people from more serious injury.

Myth number 1.  You have to be knocked out to receive a concussion.

You do not have to be knocked unconscious for concussion to occur. It happens when a blow to the head or body, or a fall or other injury shakes and jars the brain inside the skull.  This affects the reticular activating system in the brain which controls your sense of awareness and consciousness.

If you suspect you or a person you are with has concussion, look for the following signs:

• Headache or a feeling of pressure in the head
• Temporary loss of consciousness
• Confusion or feeling as if in a fog
• Amnesia surrounding the traumatic event
• Dizziness or “seeing stars”
• Ringing in the ears
• Nausea
• Vomiting
• Slurred speech
• Delayed response to questions
• Appearing dazed
• Fatigue

Some symptoms of concussions may be immediate or delayed in onset by hours or days after injury, such as:

• Concentration and memory complaints
• Irritability and other personality changes
• Sensitivity to light and noise
• Sleep disturbances
• Psychological adjustment problems and depression
• Disorders of taste and smell

Children

Head trauma is very common in young children. If your child has received anything more than a light bump on the head, the American Academy of Paediatrics recommends you should seek medical advice.  Nonverbal clues of a concussion in children may include:

• Appearing dazed
• Listlessness and tiring easily
• Irritability and crankiness
• Loss of balance and unsteady walking
• Crying excessively
• Change in eating or sleeping patterns
• Lack of interest in favourite toys

Myth number 2.  Players can carry on playing after a severe blow to the head if they feel up to it.

One of the most common situations for concussion to occur is on the sports field.  Players are particularly vulnerable in contact sports such as rugby, boxing and football.

Following recent high profile cases, sporting associations have put more emphasis on alerting players to the dangers of multiple concussions over a lifetime.

Symptoms of concussion may not appear immediately after an accident.  Therefore, if a player has experienced a severe blow to the head and concussion is suspected, they should be taken out of the game immediately.  If they continue to play there is a real risk of becoming concussed for a second time causing “second impact syndrome” which can lead to long-term, serious brain damage or death.

Myth number 3.  Concussion can only be caused by a direct blow to the head.

Concussion can be caused by a sudden violent movement of the head caused by an external force applied to the body, for example, a rugby tackle or a car accident.

Myth number 4.  A little concussion is no big deal.

A concussion is considered to be a mild traumatic brain injury.  If it is not treated properly it can lead to long-term disability or even death.  Your brain needs time to heal and rest before you return to normal, day-to-day activity.

A brain injury is always serious and should be treated as such.  If you have suffered from a concussion, or suspect someone close to you has it, seek medical advice straight away.

If you have suffered an injury which could have been avoided, you could be entitled to make a personal injury claim, for more information visit our personal injury page. If you would rather speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in this contact form and we’ll get straight back to you.

Keeping Your Child Safe at School

In April 2014, both the Manchester Evening News and The Yorkshire Post reported that schools in the Greater Manchester area and Yorkshire had paid out £1.5 million and over £1 million pounds respectively for personal injury claims.  Payouts included:

• £22,000 to a student injured in a school activity in Tameside
• £8,000 awarded to a pupil in Rochdale after goal posts fell on him
• £9,494 awarded to a child who was injured after being pushed by another child
• £35,000 paid to a student in Leeds who suffered a broken limb
• £16.000 awarded to a pupil injured during a science experiment

Wayne Dunning, from ELAS Health and Safety Consultants, who compiled the reports detailing school personal injury claims stated;

“These figures are shocking and clearly not enough is being done to protect children in schools from what are, in the main, preventable accidents. Health and safety is not being managed properly in the education sector and this is costing taxpayers millions, not only in direct compensation, but also additional hidden costs from administration. It’s clear from the nature of the accidents that many areas are being overlooked by school managers and teachers, not through any fault of their own, but because they haven’t received the necessary training required to identify the potential risks and hazards that may prevent an accident”.

Responsibility for safety standards

In light of these figures, parents maybe asking themselves, “who is responsible for safety standards at my child’s school, and what can I do if I feel that the standards are not high enough?”

According to the UK Government website, every school should have its own health and safety policy document.  Parents should be able to access and read this document at anytime.

Health and Safety Executive (HSE)

If your child is involved in an incident at school you can report it to the Health & Safety Executive (HSE) who will investigate the situation and may prosecute the school if they find there was negligence.

In June 2013 Manningtree High School in Essex was fined £9,000 and ordered to pay £1,641 in costs after pleading guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to adequately protect pupils against the risk of falls.  The incident in question involved a 14 year old pupil falling from a climbing wall while participating in lead-climbing, and fracturing his heel bone.  The HSE found that the school did not have an adequate safety management system in place for lead-climbing and that the instructor who was present was not competent to teach or supervise the activity.

Injuries in schools

According to HSE statistics slips, trips and falls account for around 40% of all injuries recorded in schools.

However, although it is important to keep children safe and protected from major harm, many adults react strongly to any push towards a “cotton wool culture” for children.  People recognise the importance of free play and the need for children to learn risk-assessment by actually taking the odd risk.

In 2012 the HSE released a high level statement emphasising how important play is for children’s development and wellbeing.  Its key message to play providers (which includes schools) was ‘Those providing play opportunities should focus on controlling the real risks, while securing or increasing the benefits – not on the paperwork’.

The balancing between the need to take risks in order to learn and keeping vulnerable children safe is something both parents and schools struggle to maintain.  However, you have a right to expect that your child will be safe at school and be protected from serious physical and psychological injury while they in their school’s care.

You could be entitled to make a personal injury claim, more detailed information can be found here. To speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in this contact form and we’ll get straight back to you.

The rear-end shunt – Is the Following Driver Always To Blame?

When it comes to rear-end motor vehicle collisions, there is a strong assumption that the rear vehicle is 100% at fault regardless of whether the driver of the first vehicle drove in a way that may have contributed to the accident.

The common belief “you should be able to stop in time no matter what the circumstances” is very entrenched in our general thinking. However, whist this is true in a majority of cases, the courts have, on occasion, found the driver of the front vehicle to be partly responsible for rear-end shunts.

Cases of negligence

The most common scenario in which the courts will apportion blame is when the driver of the first vehicle brakes without warning, and the second vehicle, unable to stop in time, drives into them. In order to apportion part of the blame, the driver in the rear vehicle must show negligence on the part of the driver of the front vehicle.

What is negligence?

Understanding negligence can be quite difficult for a lay-person without any legal knowledge or background, but it is something that can be useful to be aware of.

The famous definition of negligence is taken from a case held over 100 years ago, but is still in place today. It is either:

• The omission to do something which a reasonable man would normally do in the situation

Or

• Doing something that a reasonable person would not do in those circumstances

Proving negligence

When it comes to proving negligence in a motor vehicle accident of any kind, witnesses are crucial in assisting the court to establish the facts.

This was highlighted in one case from three years ago . This involved, a woman – Margaret Anderson – being rear-end shunted by a lorry driven by a Warburton’s employee.

She was driving on a dual carriageway and overtook a lorry. She then noticed smoke coming from the rear of her car and realised she needed to stop. According to her argument in court, she didn’t see the sign for an upcoming lay-by, and stopped just at the end of it. Her car was partially sticking out onto the carriageway and it was here that she was struck by the lorry.

A police officer who gave evidence stated that the claimant could have pulled her car further over to the left so it was not protruding over the white line marking the edge of the carriageway. A witness to the accident gave evidence that the driver of the lorry gradually reduced his speed to 20-25mph and the smoke became so thick that at one point he (the witness) could no longer see the lorry.

Who’s to blame?

The judge held that blame should be apportioned 2/3 to Mrs. Anderson and 1/3 to the lorry driver on account that although he had slowed down he was still driving too fast for the conditions. Margaret Anderson had to take a greater portion of the responsibility as the judge ruled that her panic was not sufficient reason for not seeing and using the lay-by to park her car safely. Also when she did stop her car, she could have manoeuvred it into a safer position further off the carriageway.

Will the shunter ever be blameless?

It is rare for the shunter to be held totally blameless. In another case, from the 60s , the driver of the rear vehicle was held to be 20% liable even though the lorry that he drove into was found to have no rear lights or reflector, and it was blocking half of a snow-covered road at the time of the accident.

It has happened however, in a case from 2000 . Due to vehicle defects, the driver of a lorry came to an immediate halt without the rear brake lights activating. The cars immediately behind the lorry were able to swerve onto the hard shoulder, however, there was nowhere for the driver of a lorry travelling behind the cars to go.

The driver was not travelling at excessive speed, and although he applied his brakes, he was not able to stop in time to avoid rear-shunting the lorry in front of him.

The judge held that safe driving speeds and distances were those at which a driver was capable of dealing with foreseeable events. The immediate and abrupt halt of a lorry did not fit into this category of a foreseeable event, in this case.

It all depends on the circumstances

It always depends on the individual circumstances of the case, as no two accidents will ever be the same. This means that cases involving rear-end shunts are considered on a case-by-case basis. It’s therefore important to seek legal advice as soon as possible, especially if you sustained a personal injury in the accident.

For more information on car accident claims, view our dedicated page. To find out what you may be entitled to and to get our expert ‘no win, no fee’ solicitors on board with your car accident claim, contact Injury Lawyers 4U today on 0845 345 4444. Alternatively, fill in the form to arrange a call back at your convenience from one of our team.

Tips for Staying Safe Abroad

Most vacations are incident free and holiday makers return home with nothing more concerning than a little sunburn and those extra pounds they lost in preparation for their trip.

However, sometimes unfortunate incidences can occur abroad. So here is a list of safety precautions you can take to minimise your risk and increase your chances of returning home happy and healthy.

Take Out Travel Insurance and Keep Copies of Documents

Although it can seem like an extra holiday expense, if you become ill or suffer a personal injury overseas, travel insurance becomes worth its weight in gold.  According to the UK Foreign & Commonwealth Office, an air ambulance from the east coast of the United States to Britain would set you back £35-45000.00.

Many people believe they are completely covered for medical mishaps in Europe if they have an EHIC card; however, this simply covers basic medical costs and only in state hospitals.  It is worth having the added protection of travel insurance in case an unforeseen, major emergency befalls you.

Make sure you have copies of your passport, insurance and other important documents.  Keep one copy with a trusted person at home and one copy in the safe of your hotel.

Research Your Destination

Take some time to discover a little about the country you will be visiting. Is there a history of civil unrest?  Recently popular destinations such as Egypt, Thailand, Turkey, Greece and Ukraine (the ninth most popular tourist destination in Europe in 2012) have been affected by protests turning violent. In most cases holiday resorts are not affected, but if you are planning to visit the sights in major metropolitan areas, check with the Foreign & Commonwealth Office to see if there are any government warnings applicable to your destination.

If you are unlucky enough to find yourself caught up in a protest or riot, move to the edge of the crowd and from there walk away from the gathering.  DO NOT take any photographs or start filming. Protesters do not want to be identified and may take serious measures to remove your camera or phone from you. If you are in your hotel, remain inside, lock the doors, close the curtains and stay away from the windows.

Take Precautions When Buying Food and Drinking Water

Traveller’s tummy, Delhi belly, bacterial gastroenteritis, whatever name you give it, nothing will ruin your holiday faster than a bout of food poisoning.  Depending on its severity the experience can range from having to spend a few miserable days cloistered in your hotel room, to requiring medical treatment at the local hospital.

Food poisoning is caused by contaminated food and water.  The standards of food health and safety can vary greatly from country to country, but here are a few pointers that may help you avoid the misery of contracting food poisoning abroad:

• Check to see if the tap water in the country you are visiting is safe to drink. If it is considered unsafe, drink bottled or sterilised water and avoid ice.
• Do not consume food from street vendors.
• Research eating establishments on the internet or in travel guides and only eat in places which have been recommended.
• Eat your food piping hot.
• Avoid seafood, salads and dairy products in countries where cases of food poisoning are common.

Watch How Much You Drink and ALWAYS Keep A Close Eye on Your Glass

Holidays are meant to be a time when you can let your hair down and many people throw caution to the wind when they are on an adventure abroad.  However, when you are intoxicated your judgement becomes clouded and you are far more likely to become a victim of a robbery or an assault.  It is also worth noting that most travel insurance companies will not provide cover for any incidences which result from a person being intoxicated.

By keeping these few tips in mind you can relax and make the most of your holiday, with the knowledge that you have taken the necessary precautions to protect you and your family.  Enjoy planning your summer break.

You could be entitled to make a personal injury claim – for more information on making a poisoning claim, more detailed information can be found here. To speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in this contact form and we’ll get straight back to you.