ROAD TRAFFIC STIMULATION ADVICE

Road traffic stimulation advice

Road traffic stimulation advice

Mr. Jacobs

Senior solicitor, DateXXXXX

Dear Sir,

My client Mr. Bean was not liable for the seriousness of this accident. You can see that Ms. Whalley is liable for the accident However, The Police and Criminal Evidence Act 1984 provides explicit and wide-ranging protection for counselling records during police investigations. Section 12 of the Act specifically defines personal records. These are excluded from the powers of the magistrate to issue search warrants, which must be issued by a circuit judge. The aim is to preserve confidences from invasion of privacy by the police. A solicitor's letter requesting disclosure of client information is not sufficient to obtain disclosure of confidential client records. A court order is required before disclosure of such material can be obtained. The symptoms of these injuries persisted for some months and when he was eventually able to return to work was able only to carry out light duties. He subsequently accepted an alternative, lower paid position with his employer, which did not involve driving, a task which he now finds very difficult and painful. The road accident injuries have also affected his ability to partake in his love of motorcycle racing. He has had to give up the racing and is even nervous about riding his motorcycle on the public roads. During the investigation and treatment for his injuries, it was also found that some of the ongoing symptoms were due to pre-existing degenerative changes and would in themselves disadvantage him on the open labour market should he chose to seek alternative employment. Whilst much of his injuries have now subsided, he was unable to carry out household tasks or DIY for some weeks following the road accident and he also had to rely on his partner for some time to complete the normal daily routine of bathing and dressing. He still suffers pain in his neck and back of the head and has to take painkillers to ease this. During the course of pursuing this road accident compensation claim, the council admitted 80% liability for the poor state of the road, and made an offer of over £10,000 which our personal injury solicitors were happy to recommend our client accepted. (John Elvin 2006 Pp. 92)The offer was made with regard to the pre-existing changes which were not a result of the injuries suffered in the accident. This case shows that it is possible to successfully claim against a local authority who fail to comply with their duties under the Highways Act. Bringing successful cases of this type can be notoriously difficult for drivers who suffer injury as a result of a road being in a state of disrepair than say a pedestrian on a pavement where the duty of care is usually higher. An ambulance driver, our client asked us to represent her following her work related accident, to see if she had a valid claim for road accident compensation. In 2004 our client was responding to an emergency ...