Explore the intricate dynamics of speed in personal injury claims with our comprehensive guide. Discover how legal professionals navigate evidence, assess liability, and promote road safety awareness. Uncover the nuances beyond speed limits for a thorough understanding of the critical factors influencing legal outcomes.
Unraveling the Assessment of Vehicle Speed in Personal Injury Claims After a Road Traffic Collision
Road Safety Week 2023, scheduled from November 19 to November 25, centers around the theme “Let’s talk about speed.” Delving into this theme within the realm of serious injury legal claims, Associate Huseyin Kahyalar sheds light on the pivotal role of excessive speed in road traffic collisions.
The Impact of Excessive Speed
Excessive speed not only heightens the probability of a collision but also significantly increases the likelihood of severe injury or fatality. Shockingly, one in four fatal crashes in the UK involves a driver exceeding the speed limit, and Transport for London (TfL) reports that 48% of fatal collisions in London in 2022 were speed-related.
Understanding that higher speeds correlate with an elevated risk of serious injury or death in a collision is common knowledge. However, what might be less apparent is the substantial impact even a slight increase in speed can have. For instance, a pedestrian struck at 30mph has a one-in-five chance of succumbing to the incident. Elevate the speed marginally to 35mph, and the odds shift to a one-in-three chance of fatality.
Integrating Speed into Personal Injury Claims
In the realm of personal injury claims arising from road traffic collisions, speed becomes a critical factor requiring thorough investigation by legal professionals. Practitioners must diligently collect all pertinent evidence related to liability, ensuring a comprehensive approach that involves:
1. Gathering Multi-Faceted Evidence
- Dashcam footage
- CCTV recordings
- Body-worn camera footage from attending police officers
- Police roadside survey data
- Tachograph data
- Event data recorder information
- Police reports, documentation, photographs, and scaled plans
2. Preserving Evidence
It’s imperative to ensure the preservation of evidence and early inspection of the involved vehicles by a collision investigation expert. These experts analyze evidence, calculate vehicle speeds, and reconstruct the circumstances of the incident, evaluating vehicle damage, scene evidence, and injury patterns to determine the likely speed and movements of the parties involved before the collision. This meticulous process aids in identifying contributory factors and establishing the collision’s cause.
3. Considering Speed Within Legal Limits
Contrary to common belief, adhering to speed limits doesn’t automatically guarantee driving at a safe speed. Drivers must adjust their speed based on the specific circumstances, exercising additional caution in heavily pedestrianized areas or where young children may be present. Weather conditions also play a pivotal role in determining the appropriateness of a particular speed.
Promoting Road Safety Awareness
Road safety charity Brake aims to leverage Road Safety Week 2023 to underscore the perils of excess or inappropriate speed. Their mission is to cultivate an understanding of the significance of adhering to safe speeds, promoting responsible driving habits and reducing the incidence of speed-related accidents.
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