Being involved in a serious road traffic accident is traumatic and may impact both your physical health and emotional wellbeing. While it’s natural to be in shock in the aftermath of such an event, it's essential to understand the steps you can take to safeguard your legal position and support your recovery. This guide offers practical advice on your legal rights after a serious collision, and what you can do to strengthen any potential personal injury claims you may consider in the future.

Immediate actions you should take following a serious collision

Under the Road Traffic Act 1988 you are legally required to stop your vehicle after an accident, whether it’s serious or not. Failure to do so constitutes a criminal offence. Once you’ve stopped, switch off your engine and activate your hazard lights to alert other road users. Then:

Check for injuries and call the emergency services

You should assess yourself, your passengers and anyone else involved in the accident for injuries. Even if injuries appear to be minor, you should still call the emergency service via 999 to make sure everyone receives appropriate medical attention. Prompt medical evaluation by a professional is important for detecting injuries that may not be immediately apparent.

Exchange information with other parties

After a road traffic accident, you are legally obliged to share your contact details with all involved parties. Aside from this being a legal duty, it also plays an important part in any future legal claims or proceedings.

Report the accident to the police

If the collision resulted in serious injuries or an obstruction in the road, or the other party refused to provide their details, you must report the incident to the police within 24 hours. Failure to do so can result in legal consequences, including fines, penalty points or disqualification from driving.

Seek further medical attention

Even if you feel uninjured, and no medical services attended the scene of the accident, you should seek medical attention promptly. Some injuries, such as whiplash or internal damage, may not show immediately but can have serious long-term effects. A medical examination not only safeguards your health but also provides official records that can support any future personal injury claim. ​

Understanding your legal right to compensation

​When someone else's actions on the road cause you harm, personal injury law recognises your right to seek compensation for your injuries and losses. This process aims to help you recover and move forward after the incident.​ To establish your right to compensation, the following elements are typically considered:​

• Duty of care: all road users are expected to operate their vehicles responsibly to avoid causing harm.​
• Breach of duty: if a road user failed to adhere to traffic laws or engaged in reckless driving, they may be deemed to have breached their duty of care.​
• Causation: to claim compensation you must be able to demonstrate that the breach of duty directly resulted in the accident and your subsequent injuries.​
• Damages: you must have suffered actual harm, whether physical injuries, emotional distress or financial losses, due to the accident.​

​These principles are designed to make sure that individuals receive fair compensation for the injuries and losses they suffered due to a serious collision that wasn’t their fault.

Gathering evidence to support your legal right to make a compensation claim

Although it’s your legal right to claim compensation for an accident, you’re still required to demonstrate that the actions of another road user caused your injuries. To strengthen your case, there are several things you can do to gather evidence in the immediate aftermath and days following your collision.

Gather evidence at the scene

If you are able to, document the accident scene with photos and videos. Aim to capture vehicle damage, visible injuries, road conditions and key details like skid marks and any damage to local infrastructure.

Witness details

Collect contact information from any witnesses, so a road traffic accident solicitor can take a statement at a later date.

Notify your insurance company

Inform your insurer about the accident as soon as possible, even if you don't intend to make an insurance claim. This record will assist in processing any potential compensation claim.

Request the police report

If the police attended the scene of the accident, they will have filed an official report of what happened. You can request a copy of this, which can be added to your evidence file to strengthen your claim.

A personal injury solicitor experienced in dealing with road traffic accident claims will be able to take the lead in gathering the evidence required for a strong case, but it’s important to help yourself as much as possible. Remember that some of the evidence, such as witness statements and visual evidence of what occurred, can be harder to access as time ticks on.

Initiating a personal injury claim

Although every case is unique, a typical road accident compensation claim will follow these steps:

1. Consult legal advice

Once you reach out to a solicitor experienced in road traffic accident claims, they will offer you a free consultation call to assess the merits of your case, before guiding you through the legal process. At Switalskis, we offer a no win, no fee service, meaning we will take your case on without you having to worry about any financial risk.

1. Gathering evidence

You provide your solicitor with any evidence you have collected so far, such as witness contact details and photos of the scene, and they will use this to create a strong case they can use to negotiate a fair settlement on your behalf.

1. Notifying the at-fault party

Your solicitor will send a detailed letter of claim to the at-fault party or their insurer, outlining the circumstances of the accident and the injuries sustained. They will then have a set period to respond, during which they may accept liability or dispute the claim.

1. Negotiate a settlement

If liability is accepted, negotiations for a settlement begins. Your solicitor will advocate on your behalf to make sure the compensation reflects the severity of your injuries and associated losses. It’s important to note that many cases are settled at this stage without going to court.

1. Proceed to court where necessary

If a fair settlement cannot be reached, your solicitor may advise taking the case to court. While these legal proceedings can be lengthy and complex, they are sometimes necessary to secure the compensation you deserve. Your solicitor will take on most of the burden of preparing your case and arguing for your right to compensation before the judge, leaving you free to get on with your recovery.

How Switalskis can help you

If you've been involved in a serious collision that wasn’t your fault, you should seek legal representation from the road traffic accident compensation solicitors at Switalskis as soon as possible. Over the years, we’ve represented many people in the same position as you, and helped them successfully secure the compensation they deserve.

​We handle road traffic accident claims on a no win, no fee basis. This means that if your claim isn't successful, you won't have to pay any legal fees. Call us on 0800 138 0458 or reach out via our website to arrange a free consultation.