Friday, 28 September 2012

Who is Responsible for an Accident?


Determining who is really responsible for an accident is a very complex question, but the key issue to be identified is that of liability, that is to say, lawyers must figure out who is to blame for your injuries. If your own negligence is to blame, then you cannot ask for compensation from others. You may even be charged with an offense by them. If your employer’s negligence is at fault, then you can claim for compensation from your employer’s insurance company. If it is both yourself and your employer’s negligence to blame, then you can still claim for compensation from your employer’s insurance company, although its total amount would definitely not be equal to what you would have received had you been completely innocent.

In this case, again, what you would get would normally be lower than what you would have received had you not been partially responsible. To give you an idea, you should look at these figures. To use an example, suppose for the meantime that you were that taxi driver who suffered that crash and sustained back injuries. If you can prove that you were not responsible at all for your injuries, you could be compensated for up to £7,125 for mild back injuries; £22,650 for moderate back injuries; and up to £98,500 for severe back injuries. If your employer can prove, however, that you are also partly liable, then you might still receive compensation, but it would probably be less than these amounts.

What that amount will be cannot be determined beforehand because compensation for personal injury claims varies with each case. The unique characteristics of your case will set the parameters of your compensation.

These suggestions should not, however, dissuade you from claiming for compensation even for accidents you partially caused. It is better to claim for compensation and receive a reduced compensation than none at all. This is also why it is better not to demand too much or to haggle with what the opposing side is offering. In cases such as these, leaving with something even if not much, is still better than leaving with nothing.