May 23, 2013
In a recent article published in Essex Local Biker,
, partner and head of the Serious and Fatal Incidents team at Fentons, discussed the
fatal accident claims
procedure following a road crash and highlights some of the implications of the changes which were introduced on
1 April 2013
"Throughout my career, I have represented many motorcyclists after they have been involved in collisions. Many of these incidents resulted in life-changing injuries and in the most serious cases, riders or their pillion passengers were killed," said Deborah. "This is when it is vital to get specialist lawyers involved."
Deborah said that in many cases, an individual's injuries may be preventing them from working and so they may have no income, therefore they have no means of paying bills or the mortgage or even paying for day-to-day living. They may not be able to look after their children or even themselves and may need to access assistance. They may also need specialist counselling to help them try and come to terms with what has happened.
"These are things we can immediately help injured people and their families address," said Deborah. "But we understand the process of making a claim can be daunting and - in light of the changes to the system as part of recent legal reforms - even a little confusing."
"It is my job, and that of my colleagues, to advise whether on the balance of probabilities there is a civil claim against a third party that is likely to succeed," she said. "It is necessary to establish that someone was to blame for a claim to succeed. It is not uncommon for the finger of blame to be pointed at the motorcyclist. There are often allegations of speed, overtaking in the wrong place and not having regard to other vehicles on the road."