Archive for the ‘Pedal Bike Accidents’ Category

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Child Injury – £5000 – Leg And Wrist Injuries

01/12/2009

Child accident compensation and injury claim example:

A Child accident and injury compensation claim was made when a boy had fallen off his bike. A compensation claim by accident solicitors who acted on behalf of the child obtained £5000. Injuries sustained a sprained wrist and a torn ligament in his right leg.

The child accident and injury claim was made when a 13 year old child fell off his bike whilst riding in a park. The accident was caused by a defective paving stone.  The bike struck the protruding stone causing the infant child to fall off his bike and land heavily to the ground in the park.  As he fell he tried to save himself with his hand but strained his wrist and torn a ligament in his right leg when landing.

Blame for the accident was admitted by the Council who was responsible for the upkeep of the park.

The infant child was taken straight to the accident and emergency hospital as he was in severe pain. His wrist and leg were x-rayed to see if there were any fractures from the accident. The x-ray results showed the young boy that he torn a ligament in his leg and that there was no sign of any fracture.  However there was severe bruising and he had badly sprained his wrist. The injured child was advised by the consultant to rest. The injured child was absent from school for 2 weeks following the accident.

The Child accident and injury compensation solicitors obtained compensation for £5000 for the trip and fall accident. The child’s parent also received compensation for expenses and loss of earnings.

Note that that mother who instructed the child compensation injury solicitors is known as a litigation friend.  The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

The child accident and injury solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The child received 100% compensation and 0% legal costs which was approved by the Court. 

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Child’s Compensation Injury Claim Solicitors

20/06/2009

Child Personal Injury  Accident Claims

The claim for financial losses are usually quite easy for a solicitor to calculate on the child’s behalf.  The Child’s parents who would normally sustain the financial loss by taking time off work to look after the child etc would be advised to inform the accident claims solicitor to obtain a written letter from the child’s parent’s employer.  The other losses such as the repairs to the vehicle and car hire for instance will be simple basic math.

However this is different from the quantification of the personal injuries.  The calculation of a personal injury claim for a child or adult for that matter is not an exact science.  Following the accident the Solicitor would obtain all necessary medical records for the child including the GP and hospital.  These medical records would then be forwarded to an independent doctor who will examine the child and provide a written medical report setting out any relevant medical history of the child prior to the accident and take instructions from the child and or the parent about the accident circumstances and injuries complained of.  The doctor would then provide a full written report to the instructing solicitor about the nature and extent of the injuries to the child following the accident claim.  The doctor would also state in the report if-

  • The child’s injuries have now resolved at the time of the examination and if so, when they resolved and if that time was reasonable having regard to the accident circumstances complained of
  • The child’s injuries will be resolved following the examination, and if so when it is expected the child would recover from the accident.  A prognosis would be expected by the solicitor from the doctor as to when (i.e. a date in the future) the child is expected to fully recover from the injuries.
  • The child’s injuries are permanent.  If that is the claim then the solicitor would expect the medical doctor to set out fully the extent and nature of the injury and how in both physically and mentally the child’s quality of life will be affected by the injuries suffered in the accident.
  • The child’s injuries are so severe to require further medical experts from different disciplines to advise upon the full extent of the injuries to the child i.e. orthopaedic, urologist, accident and emergency consultant, psychologist amongst others.
  • The child’s injuries are such that the expert will wish to take a “guarded” opinion about the nature and extent of the child’s injuries and will advise the solicitor to take a “wait and see” approach.  What this means here is that the medical expert is unable to say with certainty that the child will be able to recover from the child’s injuries by a certain time interval in the future following the examination.  Therefore to provide an more informed opinion about the injury to the child, the expert will request to the solicitor that he or she would wish to see the child again in, say, a further 12 months time and examine the child once again and see how the child has recovered.  The solicitor would then request a further medical examination at a later time and obtain another supplemental report on the injuries before settling the claim.

Negotiations to Settle The Claim

Once the medical report has been sent to the solicitor from the medical expert the written report would be reviewed by solicitor and a copy will be sent to the child’s parents for approval.   Once approved the solicitor will then consider the injuries of the child as set out in the report and compare the injuries with claims decided in the courts previously where other children had sustained similar injuries.  To solicitors this is called “precedents” and the compensation that will be payable to the child for the injury will be reflected by other cases decided in the past.  The solicitor will have to be guided by the awards in earlier claim decided in court.  Once the solicitor has considered the compensation amount that is reasonable for the injuries the child has sustained then the solicitor will advise the parent (or litigation friend) of what the solicitor considers is reasonable compensation.  Once the amount is agreed then the child’s solicitor will write to the other person at fault and attempt to settle the claim without even taking court action.

To settle the claim for compensation for the child’s injuries the solicitor will often put forward the names of the precedent cases in support of the claim.  For the financial losses the solicitor would have obtained documents in support such as the repair invoices, wage loss from the child parent’s employers, mileage allowance for travel and parking etc.  These would be sent to the other solicitor representing the defendant and negotiations will take place.  If the solicitors in the claim are unable to reach an agreement to settle the claim for injury and losses then the only other way to resolve the claim would be by the child’s solicitor taking court action or through mediation.

Our web site has several ways to contact us

Please click here to MAKE A CLAIM or CONTACT US

Regulated By The Solicitors Regulation Authority

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Child Injuries – Road Accident

19/06/2009

Accident and Injury to Child & Family – Road Accident – Solicitor Sues

The injury and child accident example claim would be against the driver of a motor car causing injury to the father, mother and child.  The father was the driver of the car, mother a front seat passenger and the child a rear seat passenger fitted securely in a child seat.  The road traffic accident was caused when other driver of the motor car, failed to stop at a set of traffic lights and hitting the child’s father’s motor car from behind.  This type of accident happens every day and often called a “rear end shunt.”  The father, mother and child will all have a claim against the other driver for personal injury (usually whiplash) or neck injuries, repairs for the vehicle, medical bills, replacement car hire, return of any insurance excess, loss of earnings, time for caring for the child and any other reasonable expense or loss.  Child injury and accident Solicitors will take a care to ensure that all the passengers and the driver will reclaim all their losses and expenses as well as a lump sum compensation payment or award to all injured family.
The child accident personal injury solicitors by way of a letter of claim will set out the road traffic accident particulars, the time of the accident, what happened, if there were any witnesses and provide full details of why the solicitors and the litigation friend on behalf of the infant child consider the other driver was to blame for the accident and the personal injuries sustained both physical and emotional.
The blame particulars that the child solicitor’s letter of claim would contain would look something like this:

The child’s and family’s accident was caused by the negligence of the defendant, their employee or agents in negligence due to:

  • The other car driver drove his vehicle too fast causing personal injury to the child
  • The other car driver failed to break in time or at all causing personal injury to the child
  • The other car driver failed to notice the traffic lights were showing “red” causing personal injury to the child
  • The other car driver failed to swerve or manoeuvre his vehicle so as to avoid the collision with the child’s passenger vehicle causing personal injury to the child
  • The other car driver failed to stop in time or at all to avoid the accident causing personal injury to the child
  • The other car driver failed to take heed of the road conditions, to slow down, sound his horn so as to avoid the collision causing personal injury to the child
  • That the facts of the car accident speak for themselves causing personal injury to the child

Disclosure of Documents In The Letter of Claim

Unless liability is admitted in full solicitors for the infant child and the family will expect the other car driver to disclose all relevant documents in accordance with a Court Protocol which exists in personal injuries claims such as road traffic accidents.  It is a procedure that encourages solicitors acting for the parties to exchange information quickly to help speed up the claim for personal injury and accident claims.  Examples of documents the child’s solicitors would request would be something like the following:-

The Solicitor would routine disclosure of:

  1. Maintenance of the vehicle (if there was something wrong with it)
  2. Mot cerificate
  3. Police report, if any

As a matter of procedure, solicitors for the injured child would be contacting the insurance company of the driver at fault and obtain further information.

The above is only a brief outline of the possible blame in negligence on behalf of the child and the child’s parents in respect of the accident against the Council, School or Occupiers, Owners of the area in question.

Our web site has several ways to contact us

Please click here to MAKE A CLAIM or CONTACT US

Regulated By The Solicitors Regulation Authority

Child’s Accident and Injury Claim

The letter of claim would then specify the nature of the child’s injuries such as a head injury, fractured arm or leg, back injury, neck injuries etc.  The solicitor here would specify the full extent of the injuries to the child or children if more than one involved in the accident.  The solicitor would then try to agree an independent medical expert with the party to blame for the accident.  The doctor would then examine the child in the presence of the mother or father (litigation friend) and provide a written report on the injuries sustained by the infant child.  The written report will then form the basis of the amount of damages or compensation the child will receive.  Obviously the more severe the injuries to the child the greater the amount of compensation will be awarded to the child.  As child injury and accident solicitors, we will be able to advise the parent or guardian of the amount of compensation for the injuries sustained to the child in respect of the accident.  As a general guide please click on the Accident Injury Dummy which is provided on our main web site – CLICK COMPENSATION GUIDE HERE – www.hutcheonlaw.co.uk

For more information on road traffic accidents and child injury accident solicitors CLICK ROAD ACCIDENT HERE

Settlement of Child Injury Compensation

Once the case is settled and the case in won, the compensation will be payable until the child reaches the age of 18 years which is the age when the law determines that a child can act for himself/herself without the need for a parent or guardian.  Up until the time the child who has been injured on the trampoline reaches 18 years of age the child must always act through a parent or guardian.  If the child needs money for education, welfare or benefit before reaching 18 years, the child’s accident injury solicitors will request from the court a payment  out of the compensation fund on account.

The compensation payment to the child following an accident claim will be invested on the child’s behalf at the Court Funds Office special court bank account which gains interest and is invested on behalf of the child until the child reaches the age of 18 years of age.

It is important once the case has been finalised that the parents and the child keep a note of the court case number and the address of the court.  If the family move address they should also remember to let the court know of the new address so that the court will be able to keep track of the family and remind the child when he or she reaches the age of 18 years that the compensation plus interest will be paid so that the final compensation claim for the injured child victim will finally come to an end.

Our web site has several ways to contact us

Please click here to MAKE A CLAIM or CONTACT US

Regulated By The Solicitors Regulation Authority

Child accident and injury solicitors

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Child Pedal Bike Accident Statistics

15/06/2009

According to The Royal Society for the Prevention of Accidents ROSPRA

ROSPRA

http://www.rospa.com/roadsafety/advice/cycling/cycling_accidents.htm

Each year in the UK there are over 16,000 pedal bike and cycle riders injured or killed on our roads.  Over 2,500 are fatally killed or involve serious injuries.

Every year in this country over 16,000 cyclists are killed or injured in reported road accidents, including around 2,500 who are killed or seriously injured.   Of the non-fatal injuries, over 13,000 of the statistics involved minor injuries but many go unreported.  The majority of bike accidents happen in urban areas at or near T-junctions or roundabouts.  Boys rather than Girls are likely to be injured in a bike accident, in fact the statistic is four out of five.  Contrary to popular belief most accidents occur during the day and not at night; 90 of accidents are involving a child occur during daylight.

Common pedal cycle injuries involve riding too fast, being out of control of the bicycle or motorists failing to see the cycle on approach to a road injection.

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Pedal Bike Accident Information

15/06/2009

Figures from the Department for Transport statistics report in 2007 showed a big increase in deaths amount child pedal bike cyclists up by 55 per cent. Motorcycle fatalities were also up by 5 per cent.

Deaths and serious injury is on two wheels certainly put off many parents letting their children ride a bike whether a pedal or motor cycle when faced with worrying statistics about increasing accidents and injuries on the road involving two wheels.  It only goes to the root of the problem that parents just do not feel safe to let their children out on the roads.  We all want to do our bit for the environment, get out of our cars and be more do get more exercise.  Pedal to school would achieve these aims but not at the expense of risking injury or even death.

Until there are better cycle lanes, more safety control measures on our roads, increased awareness of risk and education of all road users, parents will continue to take their children on the school run faced with these fatal accident and serious child statistics. The number of venerable road users like child pedal bike riders not increase over time until something has been done to significantly reduce these statistics.

Child Bike Helmets

Cycle Helmets can provide valuable and important head protection in the event of a bike accident or fall on the road, pavement or just about anywhere. However to provide protection the Helmet must reach certain safety standards so it is important to check these out.  In common head injuries involving a bike accident occurs when the child rider is catapulted to the ground suffering a blow to the head. The child protection offered by the helmet should be to absorb the impact rather than transferring it to the head. The force of the blow will be disbursed within the helmet helping to reduce the head injury.

In addition to the purchase of the correct helmet, it is just as important that the helmet is fitted correctly otherwise the head protection may not afford the protection it was designed to achieve.  If the helmet has been involved in an accident it is important that it is changed as the protection could be affected.  Always follow the manufacturers instructions and recommendations.

Figures from the Department for Transport statistics report in 2007 showed a big increase in deaths amount child pedal bike cyclists up by 55 per cent. Motorcycle fatalities were also up by 5 per cent.

Deaths and serious injury is on two wheels certainly put off many parents letting their children ride a bike whether a pedal or motor cycle when faced with worrying statistics about increasing accidents and injuries on the road invovling two wheels.  It only goes to the root of the problem that parents just do not feel safe to let their children out on the roads.  We all want to do our bit for the environment, get out of our cars and be more do get more exercise.  Pedal to school would achieve these aims but not at the expense of risking injury or even death.

Until there are better cycle lanes, more safety control measures on our roads, increased awareness of risk and education of all road users, parents will continue to take their children on the school run faced with these fatal accident and serious child statistics. The number of venerable road users like child pedal bike riders not increase over time until something has been done to significantly reduce these statistics.

 

British Standards BS EN 1078:1997 – Pedal Bike Accidents

Look out for the British Standard - BS EN 1078:1997: Helmets (protective) – Cyclists helmets – Protective clothing – Headwear – Sports equipment – Roller skates – Skateboards – Design – Field of vision – Straps – Strength of materials – Quick-release mechanisms – Safety devices – Durability – Performance – Marking – Colour – Instructions for use – Inspection – Performance testing – Impact testing – Drop tests – Mechanical testing – Ageing tests – Artificial ageing tests – Specimen preparation – Testing conditions – Test equipment

 
Reflectors

To see and be seen is also a vital factor when riding a pedal bike on the road.  When looking for approved reflectors so your child can bee seen on the road look for the British Standards approved reflector as well as lighting front and rear.

 

Bike Riding

We all remember when and where we first was able to ride a bike.  It as kids it gave us a freedom that we never had experiences before in our short lives up until then.  Bike riding are rewarding experiences giving children increased confidence in their abilities and social interaction with other children.  Making new friends and increasing the child’s health and fitness.  Teaching a child to ride a bike is a parent thing which is a must.  As always safety must come first.

The following link we have found very useful

From Bristol.ac.uk

The advice is repeated below:
 
“Teaching a child to ride a bike, and going on family cycling trips, are rewarding experiences. The benefits for children of learning to cycle include increased confidence and a sense of independence.  Furthermore cycling can make an invaluable contribution to a child’s health and fitness, as well as establishing good travel habits that will last into adulthood.  Transporting children by bike Children of pre-cycling age will still love travelling by bike – there are different carriage solutions for  different ages.0-9 months: Until a baby can hold their head up unsupported they should not be carried in a conventional child  bike seat. Once this happens (usually between 6months and a year) it is a good idea to get the baby comfortable in the bike seat environment as soon as possible, and you used to the extra weight and difference in handling.9 months-4 years: The child can be carried in a specially designed seat fitted to the back or middle of the bike(pictured right). There are many different bike seats and means of attachment. Reclining child seats, although slightly more expensive, do offer a more comfortable ride for a snoozing child. Look out for reviews in cycling magazines and ask friends and cycle shops for advice and recommendations. Longer journeys: Trailers are an excellent way to take very young children on long bike rides (pictured on front cover). Slightly older (and heavier!) children can help lighten the load by providing pedal power on a trailer bike or tag-along (effectively the back half of a child’s bike attached to the back of the adult one). Kiddie-back tandems are available in a range of sizes allowing one or two adults to cycle with up to two children behind. Teaching your child to cycle. The age at which a child is ready to learn to cycle will vary – usually between 4 and 7 years old – so don’t try and force the process. Motivation is the key to learning – emphasising the fun aspect will help them take the tumbles in their stride and encouragement and praise are important to help them persevere. It is obviously best to start children cycling away from traffic. Your local park is a good place to teach them, and the National Cycle Network provides traffic-free paths throughout the country – seewww.sustrans.org.uk or call 0117 929 0888 for more information. Once they have built up their confidence they can try quiet roads – but make sure they are aware of safety requirements and encourage them to wear a helmet. Buying your child a bike. It is better to buy the right size rather than get one which is too big, that the child can ‘grow into’. An oversized bike will not only be dangerous, it is likely to put your child off cycling. Once they have outgrown the bike, pass it on and get them another correctly sized bike. Tip: It is advisable to choose a bike without a crossbar so that the child can fall through the bike and not off it. Gaining confidence on a bike is generally a lot easier than learning to drive a car. And once you’re in the saddle, it’s often quicker and easier to get around by bike. “

 

Cycle Bike Accident Fact and Figures  from the Headway webs site:

Headhway.org.uk

Admissions to hospital and deaths from cycle related traumas are usually due to head injury1. In terms of cyclists2, it is known that in the United Kingdom:

•8 out of 10 young people cycle
•Each year approximately 200,000 people are injured through cycling accidents and receive hospital treatment
•50% of these are children aged 16 and under
•Over 1,300 under 16 year olds are killed or seriously injured each year through pedal cycling accidents
•70% of all pedal cycle fatalities are due to head injuries
•Standard Approved cycle helmets are proven to be effective in reducing head injuries in cycle related accidents by 85%
•The wearing of approved helmets by cyclists has been made compulsory in several states in Australia (1990), in the United States and, more recently, in New Zealand (1994).
•However the use of cycle helmets remains low in Britain, with only 18% of young people who cycle wearing them.
Why Wear a Cycle Helmet?
Cycle helmets reduce serious injuries to the head that result from direct contact with a hard surface, by distributing the force over a larger area and through absorbing some of the energy.

From a study of English riders wearing the BS 4472 pre 1988 helmet and attending hospital, it was found that people who sustain an injury to the front or the back of the skull are less likely to have a fracture. This suggests that the BS 4472 pre 1988 helmet offered sufficient protection for most of these injuries, although it must be stressed that the contre coup and rotational affect of injury cannot be protected by this type of helmet.

However, the majority of serious head injuries occurring in horse riders are to the side of the skull. This emphasises the need for greater protection in that area, which is an issue that has been addressed in the EN 1384, PAS 015 and other later standards.

Road accidents produce the most severe head injury. In order to produce a more effective helmet, all round protection would be necessary. People wearing motorcycle helmets designed as such are known to have a low incidence of skull fractures following damage. However, the speed of impact is much higher and the helmets are more bulky than should be necessary for horse riders.

Further information see are Pedal Bike Accident Claims Solicitors Page

 

Child Accident and Injury Solicitors Claim Help

Contact us if you need any advice or help on an accident to a child that was not their fault. 

CONTACT US HERE

 

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