Car Accidents

It has been the law for more than 70 years that the driver of a motor vehicle owes a legal duty to other road users and pedestrians in the street to use reasonable care and skill when driving their car or van.

The Highway Code is a guide for good practice, however it is not a criminal law or a civil law code.Ai??The Road Traffic Act 1988 specifically states that a car driver who breaches the Highway Code is not liable to criminal proceedings.Ai??It has been held in court hearings in road accident compensation claims that a car driverai??i??s breach of the Highway Code does not create an automatic presumption that the car driver was negligently controlling his/her car.

In road accidents where a car has unfortunately knocked down a pedestrian who was attempting to cross the road and, the pedestrian decides to make a compensation claim for the injuries and financial losses suffered due to the accident, the car driverai??i??s motor insurance company will assess all of the circumstances of the accident.

Motor insurance companies know that courts do not readily accept explanations offered by motor vehicle drivers for the reasons why they failed to notice a pedestrian walking across the road.Ai??This is because if a motor vehicle driver fails to give their full attention to the road ahead it could have disastrous results and therefore in most situations the driver should have seen the person in the road.

If a road accident compensation claim does go to a court hearing to decide whether the pedestrian is entitled to an award of compensation the judge has to determine what was a reasonable standard of care for the motor vehicle driver in all of the circumstances of the particular case.Ai??No two road accidents have exactly the same circumstances and the court carefully reviews the reasons why the accident happened on this occasion.

The speed that the motor vehicle was travelling is usually an important factor and, for instance, whether the driver had enough time to react to the pedestrian in the road ahead. It is generally accepted that the thinking and stopping distance when travelling at 20mph is 40 feet, whereas if the vehicle is travelling at 30mph it almost doubles to 75 feet.Ai??These stopping distances are if the surface of the road is dry and will be much longer if the road surface is wet.

Sometimes, there is no action that the driver could reasonably have been expected to do to avoid the accident, such as, if a man suddenly runs out into the road from between parked vehicles and the driver has only a second to react to the emergency situation.

The circumstances of someone suddenly running out into the road can be contrasted to an accident, for example, where a car driver decides to overtake aAi?? bus that is stationary at a bus stop and unfortunately knocks down a woman who is walking across the road in front of the bus.Ai??Even though the woman was hidden from the car driverai??i??s view by the bus as the car driver approached the bus a court is likely to hold that the car driver should have significantly reduced his speed and proceeded with caution because in these circumstances there was a possibility of pedestrians being in the road ahead.Ai??A court will expect meloxicam adalah obat untuk. a car driver to use reasonable care and not take any risks that may result in an accident.

The Court of Appealai??i??s decision in Spiller v Brown

Health Risks At Work: Noise Hazard

It is estimated that over 2 million people are exposed to noise levels in their workplace or whilst at work that may be harmful.

Injury to hearing caused by high noise levels is permanent and there is no surgery or medical treatment that doctors can offer to repair the damage.

Hearing loss caused by high noise levels at work usually develops gradually over a number of years.Ai??Sometimes people do not notice the hearing loss until it combines with hearing loss due to natural ageing and then they realize that their hearing has been affected.

Damage to hearing caused by noise at work can also sometimes cause tinnitus, a buzzing or ringing sensation in the ears, that may be extremely irritating.

The main safety law is the Control of Noise at Work Regulations 2005, that places a legal obligation on a company or business owner to control risks to employeesai??i?? hearing from noise.

A company can only make a valid decision about controlling the safety risk caused by noise after carrying out a risk assessment, that will identify noise hazards and the measures required to eliminate or reduce risks.

A civil claim for compensation for hearing loss caused by noise at work may be made against a company or firm that causes its employees to suffer deafness. The company will have insurance cover, known as employerai??i??s liability insurance, that will professional viagra online. pay compensation even the company no longer exists. The Governmentai??i??s Health and Safety Executive may also prosecute the company for being in breach of the Health and Safety at Work Act, for failing to provide its employees with a safe place of work.

A person who has suffered deafness caused by noise at work may be entitled to receive state benefits, such as Industrial Injuries Disablement Benefit, from the Department for Work and Pensions.Ai??Such an award is completely independent from a civil claim for compensation from the employerai??i??s liability insurance company of the firm or company that had the noisy workplace.