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Motorway accidents can be deeply traumatic and potentially lead to life-changing injuries. If you’ve been injured in such an accident through no fault of your own, you may be asking yourself what your options are for claiming compensation. Whether you were a driver, a passenger, or a motorcyclist, our comprehensive guide will reveal how you can determine if you can make a motorcycle accident claim. Please continue reading to find out everything you need to know about the process of seeking road traffic accident compensation.
Important Points
- All road users have a responsibility to travel in a way that avoids harming themselves or others.
- Injuries can range from fractures and dislocations to severe brain and head trauma.
- Claims can be made on behalf of children or vulnerable adults who lack mental capacity.
- Motorway accident compensation can cover both a person’s injuries and the financial loss associated with them.
- Our panel of solicitors handle claims on a No Win No Fee basis.
Jump To A Section
- Can I Make A Motorway Accident Claim?
- Fatal Motorway Accidents
- What Motorway Accident Compensation Could I Get?
- The Common Reasons For Accidents On A Motorway
- What Injuries Could Be Sustained In A Motorway Accident?
- How Can I Make A Motorway Accident Claim?
- No Win No Fee Motorway Accident Claims
- More Information
Can I Make A Motorway Accident Claim?
You may be eligible to make a motorway accident claim so long as you are able to prove that:
- You were owed a duty of care at the time of your motorway accident.
- That duty of care was breached in some way.
- The breach resulted in you sustaining injuries on the motorway.
Put simply, a duty of care is the responsibility that another party has towards the safety of others. Everyone on the road has an obligation to meet this duty of care by travelling in ways that avoid causing harm to themselves and one another. Additionally, road users are expected to abide by the Highway Code and the Road Traffic Act 1988. A failure to do so, such as going over the speed limit or not checking mirrors, could result in a valid compensation claim if it leads to another road user being injured.
Whether you suffered whiplash, soft tissue damage, or multiple serious injuries, you may have a case to claim compensation if you were hurt because another road user breached their duty of care. We’ll shortly provide a number of example scenarios to provide further insight into how claims might come about.
What If The Road Conditions Caused My Accident?
In some cases, motorway accidents happen because of hazardous road conditions, such as potholes, debris, poor lighting, or inadequate signage. In these situations, National Highways (formerly Highways England) may have failed in their duty to maintain the safety of the motorways.
To pursue a motorway claim against a public body, you must show that they were aware (or should have been aware) of the defect and failed to take appropriate action in a timely manner.
Can I Claim If I Was Partially To Blame?
Yes, you can still make a motorway accident claim even if you were partially to blame for the incident. This is known as a split liability claim. In these cases, compensation is adjusted according to your level of responsibility.
For example, if you were found to be 30% at fault for the accident, your personal injury compensation would be reduced by 30%. Split liability claims are common in road traffic accidents where multiple drivers may share responsibility.
Am I Able To Claim On Behalf Of A Loved One?
You may be able to claim on behalf of a loved one if they happen to be mentally incapacitated or under the age of 18. Both groups are unable to claim for themselves and, therefore, must be represented by a litigation friend. This role would allow you or another eligible adult, such as a relative or solicitor, to assume responsibility for your loved one’s case and help start a claim on their behalf.
Our team of advisors are here to help. If you would like to learn more about the eligibility criteria for making a motorway accident claim or how to become a litigation friend, please get in touch using the contact details outlined in this guide.
Fatal Motorway Accidents
In tragic cases involving fatal motorway accidents, certain family members or the deceased’s estate may be entitled to claim compensation. In the first 6 months of an individual’s passing, only the deceased’s estate can bring forward a claim. That claim is made possible by the Law Reform (Miscellaneous Provisions) Act 1934 and would be for the pain and suffering experienced by the deceased up to their death.
Additionally, the deceased’s estate can bring a claim on behalf of dependants. If they don’t, eligible relatives can make their own claim under the Fatal Accidents Act 1976 once the 6-month window has passed. Here, the claim would be for the impact of a loved one’s death. Compensation could be awarded for:
- Funeral expenses and bereavement.
- Loss of financial dependency, such as a loved one’s income.
- Loss of services (e.g. childcare, household duties previously provided by the deceased).
- Loss of consortium (also known as a loss of a special person), covering non-quantifiable considerations like companionship.
Our panel of solicitors have seen firsthand the emotional complexities that can be involved in fatal motorway accident claims. That’s why they are always mindful to provide sensitive support throughout the process and help grieving families build a strong case for their claim.
Get in touch for compassionate, expert guidance on making fatal accident claims.
What Motorway Accident Compensation Could I Get?
In a successful personal injury claim, the motorway accident compensation you could get can be divided into 2 areas: General and special damages. General damages are awarded to compensate you for the pain, suffering, and loss of amenity you’ve experienced as a result of the injury. This includes both physical and psychological harm, such as mobility issues and post-traumatic stress disorder. The loss of amenity covers how that affects your quality of life and ability to perform day-to-day activities. If your injuries lead to financial loss, then you may be awarded special damages.
To assist with valuing general damages, solicitors can refer to the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for different types and severities of injuries based on previous court outcomes. You can find some of these below, but it’s important to remember that they are only suggestive and not a guarantee of compensation in your particular case. Please also note that the first row in this table is not from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Very Severe Injuries and Special Damages | Up to £1,000,000+ | This combines several very severe injuries and special damages, which can include lost earnings and the cost of full-time care. |
| Very Severe Brain Damage | £344,150 to £493,000 | At the upper end of this category, an individual may retain some capacity to follow simple commands and see a return of sleep cycles. However, they will otherwise show little to no evidence of having a meaningful reaction to their surroundings or language function. They will also suffer from double incontinence and need round-the-clock nursing care. |
| Moderate Brain Damage (iii) | £52,550 to £110,720 | These cases feature impact on concentration and memory. The bracket also features reduced work ability and there may be the presence of fatigue. While the claimant will only have very limited dependence on others, there may still be vestibular symptoms and sensory issues. There will also be a slight risk of developing epilepsy. |
| Severe (i) Back Injuries | £111,150 to £196,450 | This category includes cases featuring damage to the spinal cord and nerve roots. That would lead to a mix of very serious consequences typically not found in back injuries. The claimant will suffer from severe pain and have a disability. There will be a combination of issues, featuring incomplete paralysis, and significant impairment of bowel, bladder, and sexual function. |
| Severe (i) Neck Injuries | In the region of £181,020 | Neck trauma that causes incomplete paraplegia or a permanent case of spastic quadriparesis. Bracket also involves instances where a claimant needs to wear a collar 24 hours a day for a number of years, but still has little/no neck movement and experiences severe headaches. |
| Severe PTSD (a) | £73,050 to £122,850 | PTSD will have permanent impact, preventing claimant from either working or at the least stopping from functioning significantly reduce as they did before the trauma. All areas of the claimant's life will be badly impacted. |
| Chest Injuries (b) | £80,240 to £122,850 | Trauma to the chest, heart, and/or lungs that leads to permanent damage, impaired function, shortened life expectancy, and physical disability. |
| Loss of 1 Arm (iii) | £117,360 to £133,810 | Amputation below the elbow. Top end of bracket features cases where the claimant continues to experience ongoing severe organic and phantom pain. |
| Whiplash with psychological injuries | £4,345 | Symptoms lasting between 18 and 24 months. |
| Whiplash | £4,215 | Symptoms lasting between 18 and 24 months. |
Claiming Special Damages
Special damages are calculated on a case-by-case basis and must be supported by appropriate documentation in order to be claimed for. Provided there is proof like payslips and bank statements, special damages can include expenses like the following:
- Loss of earnings if your injuries forced you to take time off work. You could also potentially claim for any future loss of income, as well as missed promotions and bonuses.
- Medical expenses such as private treatment, physiotherapy, or prescriptions.
- Travel expenses incurred when attending medical appointments.
- The cost of adapting your home or vehicle if your injuries have left you with long-term mobility issues or a disability. Those modifications can range from installing grab bars throughout the house to widening hallways to accommodate a wheelchair.
- The cost of professional or at-home care to assist with cooking, cleaning, and other daily activities.
Will My Motorway Accident Claim Be Affected By The Whiplash Reform Programme?
Your motorway accident claim may be affected by the Whiplash Reform Programme (WRP). These reforms, introduced in 2021, affected how certain road traffic accident claims are made in England and Wales if the following criteria are met:
- A claimant is injured as a driver or passenger of a vehicle
- They are at least 18
- Their injuries are valued at £5,000 or less
Additionally, the WRP also implemented a fixed tariff for compensation covering whiplash injuries, as established by the Whiplash Injury Regulations 2021. However, it should be pointed out that this fixed tariff would not apply to any other injuries you sustained in your motorway accident. Instead, they would be assessed and valued on their own merits.
If you would like to learn more about the whiplash tariff or how compensation can be calculated in a motorway accident claim, speak to a member of our advisory team today.
The Common Reasons For Accidents On A Motorway
Some of the most common reasons for accidents on a motorway involve drivers being distracted, failing to pay attention to their surroundings, or exceeding the speed limit. As we discussed earlier, a motorway accident claim must show how another road user breached their duty of care and directly caused your injuries. Below, you can see 3 example scenarios showing how that might occur:
- Distracted driving: A driver checks their mobile phone for directions while travelling at high speed. They fail to see that traffic ahead has slowed down due to congestion and rear-end the vehicle in front. In this instance, the individual breached their duty of care by not paying full attention to the road, directly causing a car crash and severe amputation injuries to the driver in front.
- Unsafe lane changing: An HGV driver changes lanes abruptly without using mirrors or indicators. As a result, they sideswipe a car in the adjacent lane. This lack of proper signalling and awareness constitutes a failure to drive responsibly and safely, making them liable for the head injuries sustained by the other driver.
- Neglected road maintenance: National Highways fails to repair a deep pothole on a section of a busy motorway. However, they repeatedly delay taking steps to cordon it off and make repairs. Due to this inaction, a motorist hits the pothole, loses control of their car, and crashes into the central reservation, resulting in a concussion and several broken bones. Here, it could be shown that the authority had enough time and notice to fix the hazard, but failed to meet its responsibilities.
Talk to a member of our advisory team today to share your own accident experience and see if you could be put in touch with one of the specialist road traffic accident solicitors from our panel.
What Injuries Could Be Sustained In A Motorway Accident?
Many types and severities of injuries can be sustained in a motorway accident, such as:
- Whiplash
- Soft tissue damage
- Fractures and broken bones
- Spinal cord injuries
- Head and brain trauma
- Burns and lacerations
- Psychological damage (e.g. PTSD)
Whether you suffered major or minor injuries in an accident on the motorway that wasn’t your fault, please get in touch to see if you could make a claim. Our advisors are available 24/7, so you can always be sure of a quick response from them.
How Can I Make A Motorway Accident Claim?
To make a successful motorway accident claim, it’s vital to collect clear and credible evidence to support your case. This helps demonstrate that another party not only breached their duty of care towards you, but that their actions directly caused your injuries. The more detailed and well-documented your evidence, the stronger your claim will be. That evidence includes:
- Medical records: These provide documented evidence of the injuries sustained, including diagnosis, treatment plans, hospital visits, and prognosis.
- Police accident report: If the police attended the scene, their report can help establish the circumstances of the accident and identify any traffic violations.
- Dashcam footage: Video evidence from your own or another vehicle’s dashcam can clearly show the events leading up to the collision and who was at fault.
- Witness statements: Accounts from independent witnesses can support your version of events and help demonstrate negligence.
- Photographs of the scene: Clear images showing vehicle positions, damage, road conditions, and any hazards can provide essential visual evidence.
- Driver contact information: You will need the contact details for the other driver, as well as their vehicle registration and insurance information.
- Vehicle damage reports: Mechanic or insurance assessments can support the extent of damage caused by the accident.
Our panel of solicitors understand that collecting evidence can seem like a daunting task, especially for clients who’ve never had to do it before or are still recovering from their injuries. That is why they provide help with gathering, assessing, and compiling the evidence needed to support a case like a motorway accident claim. Get in touch to find out more, or keep reading to learn about the other services provided by our panel of solicitors.
No Win No Fee Motorway Accident Claims
Here at Legal Helpline, we work with a panel of solicitors who provide a nationwide No Win No Fee motorway accident claims service. They understand that making the decision to claim is not done lightly, which is why they are committed to making the process as stress-free and accessible as possible. Our panel of solicitors believe eligible claimants shouldn’t be deterred from pursuing compensation because of their financial situation. That is why they work on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
With this agreement in place, you won’t have to pay any upfront or ongoing solicitor fees for the work done on your claim. You also won’t face paying these fees if your claim is lost. In fact, you’ll only be charged a success fee for your solicitor’s services if you win. It’s taken as a capped percentage of your compensation, not out of pocket, and is fully explained before you get started with your claim. So, not only are there no surprises, but you’ll have peace of mind that you will keep the bulk of the compensation.
This approach removes the worry of spiralling solicitor fees and allows you to focus on your recovery, knowing that professionals with a strong track record in motorway accident compensation claims are handling your case. From the very first consultation to the resolution of the case, our advisors and panel of solicitors offer transparent guidance, honest answers, and practical support.
How Our Panel Of Solicitors Help Clients
Our panel of solicitors help their clients by providing a tailored service that puts them at the heart of the claims process. If you decide to work with one of them, they will:
- Assess your case and explain your options clearly.
- Handle communication with the other party and insurers.
- Help you gather the evidence needed to prove your claim.
- Keep you updated with regular progress reports.
- Work tirelessly to secure a settlement that fairly reflects your injuries.
Choosing a solicitor from our panel here at Legal Helpline means choosing to be represented by someone who will always put your needs first. They understand that accidents happen, and when they do, they’ll be here to help you seek justice and get the support you deserve.
Contact Legal Helpline
To take your first steps towards claiming compensation, please contact our advisors today by:
- Calling us on 0333 0000 729
- Using the live chat feature
- Contacting us online
More Information
For more helpful road traffic accident guides:
- Learn how to claim for an accident on an electric scooter
- Everything you need to know about pedestrian accident claims
- Find out how to make a bus accident claim
Or, for further resources:
- Information from the Government on National Highways
- NHS overview of whiplash
- Learn how to request CCTV footage of yourself
Thank you for reading our guide on how to make a motorway accident claim.
