What to do about Winter Accidents
In the bleak mid-winter many people notice how quickly everyday journeys become more hazardous. Dark mornings, early evenings, wet leaves, rain, ice and poorly lit roads or pavements all increase the risk of winter accidents. Every year, there is a noticeable rise in personal injury claims during the winter months, including road traffic accidents and slips, trips and falls on unsafe pavements or premises.
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While some winter accidents are unavoidable, many happen because someone responsible for maintaining a road, pavement or property has failed to do so properly. If you have been injured and the accident was not your fault, it is important to understand what steps you can take and how to protect your position from the outset.
Your Health Comes First
The first and most important step after winter accidents is to seek medical attention. Even if your injuries seem minor at first, it is always advisable to get checked by a medical professional. Some injuries, such as soft tissue damage or head injuries, may not become fully apparent until hours or even days later.
Seeking medical help also creates an official record of your injuries. This can be crucial if you later decide to pursue a personal injury claim. Medical evidence plays a central role in establishing the nature and extent of your injuries.
If your injuries are serious, or if they affect your ability to work or carry out day to day activities, obtaining legal advice early can make a significant difference. In most personal injury cases, there is a three-year time limit to bring a claim. This runs from the date of the accident, or, in some cases, from the date you became aware of your injury. While three years may sound like plenty of time, evidence can be lost and memories can fade, so early advice is always recommended.
Why Accidents Increase in Darker Months
Reduced visibility is a major factor in winter accidents. Drivers may struggle to see pedestrians, cyclists or hazards on the road. Pedestrians are more likely to trip on uneven pavements, potholes or broken paving slabs that are harder to spot in poor lighting. Wet or icy surfaces can also turn what looks like a normal step into a serious fall.
Local authorities, businesses and property owners all have legal responsibilities to take reasonable steps to keep people safe. This includes maintaining pavements, providing adequate lighting where appropriate, and dealing with hazards within a reasonable time. Where these duties are not met, and someone is injured as a result, a personal injury claim may be possible.
Gathering Evidence Early
If you are able to do it safely, gathering evidence as soon as possible after an accident can be invaluable. This applies whether you have been involved in a road traffic accident or suffered a slip, trip or fall.
In road traffic accidents, obtain the other driver’s details, including their name, vehicle registration number and insurance information. If the police attend, make a note of the incident reference number.
For slips or falls, report the accident to the business, local council or property owner responsible for the area. Make sure it is formally recorded in an accident book or incident log.
Photographs are often one of the most powerful forms of evidence. Take clear pictures of the scene, including any hazards such as potholes, uneven paving, broken steps or poor lighting. If possible, include something to show scale, such as a ruler or tape measure, to demonstrate the depth of a pothole or height difference in paving. This may require returning to the location once it is safe to do so, particularly if the hazard was not immediately obvious at the time of the accident.
Witness evidence can also be extremely helpful. If anyone saw the accident happen, or the condition of the area before or after your fall, ask for their contact details. Independent witnesses can provide valuable support for your version of events.
Keeping Good Records
In addition to evidence from the scene, keeping detailed records after your accident can significantly strengthen a claim. This information helps to demonstrate, not only that you were injured, but how the injury has affected your life.
- Keep hold of receipts for any expenses related to your injury, such as medication, travel to medical appointments or equipment you have needed during your recovery.
- Make a note of all medical appointments, treatments and recommendations from healthcare professionals.
- Keep a diary recording how your injury affects your everyday life, including pain levels, sleep disruption and activities you can no longer do.
- Document your recovery, including any setbacks or ongoing symptoms.
- Record any help you receive from family or friends, such as assistance with shopping, housework or personal care.
While this may feel time consuming, these details can make a real difference when assessing the value of a claim. It is far easier to keep notes as you go along than to try to remember everything months or years later.
When to Seek Legal Advice
Not every accident will lead to a claim, but if you have been injured through no fault of your own, it is always worth seeking advice. A solicitor can assess whether another party may be legally responsible and explain what evidence is needed to support your case.
Early advice is particularly important if liability is likely to be disputed, if the accident involved a public authority such as a local council, or if your injuries are likely to have long term consequences. In these situations, deadlines and legal requirements can be more complex.
We Are Here to Help with Your Winter Accidents
Accidents can be distressing and disruptive, especially when they happen unexpectedly during everyday activities. Our knowledgeable and caring Personal Injury Team understands how challenging this time can be and is here to guide you through your options with clarity and sensitivity.
If you have been injured and would like to know whether you may be able to make a claim, speak to our personal injury team on 0113 320 5000 for expert advice. Taking that first step can help you focus on recovery while we help you understand your legal position.
