Tag Archive for 'law'

We hear daily about the risks of driving any kind of vehicle nowadays. Whether you read in the newspaper major incidents involving the death of someone due to a car pile-up or minor bumps resulting in whiplash claims etc. Statistics have proven that unfortunately accident claims involving motorcyclists are on the increase in the United Kingdom.

Many accidents involving motorcyclists are caused by the differences between riding a motor bike and driving a car, even though the skills involved are remarkably different. The average car is not as fast or agile as a motorbike; however a motorbike is not as easy to spot on the roads – a point that was made painfully clear to Lesley Williams several years ago, when she collided with a Suzuki 4×4 vehicle whilst riding her Honda CBR 600 sports bike.

Personal injury claims are often brought against motorists whose acts of negligence have resulted in physical injury; however, insurance companies and the courts will often apportion liability amongst the parties so that no one driver is held solely responsible.

Unless the defendant is clearly the only person to blame for an accident, distributing liability helps to establish each party’s culpability. In the present case, it has been reported in the Plymouth Herald newspaper that Ms Williams is suing the driver of the Suzuki Vitari 4×4, David Marks, for no less than 300,000.

Ms Williams has claimed that, in November 2007, she was travelling behind Mr Marks’ vehicle on the B3252 when she attempted to make a legal overtaking manoeuvre. After indicating correctly, Ms Williams is said to have pulled out before moving alongside Mr Marks’ vehicle. At this point, it is further alleged that Mr Marks made a sudden and unannounced right turn into the entrance of Looe Bay Caravan and Camping Park.

Unfortunately, Mr Marks had driven into the path of Ms Williams, who was thrown from her bike and suffered multiple injuries. In addition to suffering compound fractures to her right arm and leg, Ms Williams sustained a broken pelvis in the accident and still requires medical supervision. Ms Williams has been unable to return to work since the accident.

Due to Mr Marks failing to check before executing a right turn, which resulted in his driving into Ms Williams’ motorbike, Ms Williams’ legal team maintains that he was therefore negligent.

Eye witness reports will be necessary in order to establish how much each party was to blame for the accident, as motorbikes can accelerate with rapid speed and often drift into a car driver’s blind spot. The success of Ms Williams’ claim will hinge in part on whether Mr Marks indicated before pulling out and whether he had begun to manoeuvre before or after Ms Williams began to overtake him.

Have you been subjected to a personal injury, perhaps a traffic accident or medical negligence ? Then contact Nathan Payne’s website for help and advice.

On the 7th June 2007, 33-year-old Paul Alker, of Brynteg, near Wrexham, died after falling some 25 feet at a Comet store in the town. Appearing in court, Comet Group plc was fined 75,000 and ordered to pay costs of 24,446 after pleading guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974.

Section 3(1) of the Health and Safety at Work etc Act states: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety”.

Steven Christopher Smith was the director of Wrexham Roof Services, where Mr Alker worked, was imprisoned for more than 2 years in November 2007 after pleading guilty to manslaughter over the incident.

Accident claims following falls from heights at work are relatively common in the UK and employers have been urged to improve safety procedures by the Health and Safety Executive.

Similar accidents to the one in this article happen all the time. In cases where serious injuries occur rather than death, a no win no fee solicitor is required.

Had basic health and safety measures been implemented, in the present case, Mr Alker’s death could have been avoidable. Mr Alker was working on the roof of the Comet store on 7th June 2007, when he stepped on a roof light and fell through. He fell 25 feet onto floor and fractured several ribs, various soft tissue injuries and broke his collar bone.

Mr Alker tragically died of a pulmonary embolism brought on by his injuries 5 days later in hospital. A Health and Safety Executive investigation afterwards revealed Mr Alker had not been provided with equipment to prevent his fall – a basic requirement for any person who works at height and the basis for many accident claims brought against employers.

Speaking after the case involving Comet Group plc, Debbie John, Health and Safety Executive inspector said: “Comet failed to ensure that its contractor had taken steps to prevent falls through the fragile roof lights, ultimately leading to the death of a worker. This incident could have been avoided if the roof lights at the Wrexham store had been protected and Mr Alker had been provided with appropriate safety equipment”.

Ms John added: “The law is clear: companies must ensure contractors are competent to do the work they are hired to do and they need to understand their responsibilities”.

Want to find out more about accident compensation and injury claims, then visit Nathan Payne’s site on how to choose the best injury lawyers for your needs.