Snow Accident Compensation Claims
Recent icy weather prompts a rise in accident claims
The recent cold snap may have been fun for many, but for a few it has led to accidents causing serious injury and in one tragic case, a death.
In just one incident, five girls enjoying a sledding trip on a hillside in South Yorkshire were seriously injured, one fatally. The accident was compounded by the remoteness of the location and the treacherous conditions. Whilst no-one wants to stop people having fun in the snow, this incident has highlighted the potential dangers in such an innocent pastime.
"The incident in south Yorkshire was a tragedy that cost a girl her life," says Nicholas Jervis, managing director of 1st Claims. "Unfortunately, the UK is not adequately prepared for extreme conditions such as this, so when we do suffer a sudden cold spell a combination of over excitement, lack of concentration, and the failure of local authorities to grit many roads is bound to lead to accidents, both on the road and elsewhere," he adds.
The heavy snow and icy conditions caused a dramatic jump in the number of compensation claims, with one motor insurer seeing a 30% rise in the amount of claims registered in just one day. Other insurers reported a sharp increase in claims for household damage from burst pipes and travel insurance companies suffered as hundreds of passengers had flights cancelled due to the bad weather. In addition claims for slips on untreated surfaces and pavements are set to rise far above yearly averages.
"The fact that many areas ran out of salt didn't help the situation, as many people have suffered slips and falls on surfaces that should have been salted but were left untreated," says Nicholas Jervis. "The Highways Agency and local councils may well see a big jump in the number of claims brought against them in the next few weeks because of this," he adds.
The main problem with accidents involving people sledding in the snowy conditions lies with who is responsible for the safety of people using an area for this activity. If the land is common land, there may be a problem in bringing a claim for compensation for any injury suffered whilst on the land. If the land is owned privately, again there could be complications as victims of sledding accidents try to pursue a claim against the landowner.
"Claims solicitors are bracing themselves for a very busy period after the recent bad weather," says Nicholas. "There are problems involved in these types of extreme conditions, particularly if ice has been a dominant factor in an accident. Collisions in the snow will often involve two vehicles skidding into each other and even if you stopped first, proving liability and negligence may be very difficult. I strongly advise anyone who has been affected by the recent cold weather to talk to a professional personal injury claims solicitor to ascertain the probability of a case being successful," he says.
Whilst many injuries caused by the icy weather are just unfortunate accidents, there are some circumstances where a claim could be brought against either a landowner or a council for failing to keep a particular area or a road ice free. It is these claims that specialist solicitors are expecting to see a rise in over the coming weeks, as well as dealing with the thousands of road traffic accident claims that are the result of the worst snow for 20 years.
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