Last Updated on January 6, 2025 by Richard Abram

Risks and Challenges with Smart Motorways

 

Accidents on smart motorways are a growing concern, as these modern roads present unique risks and challenges for drivers. If you’ve been involved in an accident on a smart motorway, understanding your legal rights is essential for seeking compensation and holding the responsible parties accountable. This guide outlines the key steps to take and your rights in such situations.

 

What Makes Smart Motorway Accidents Different?

 

Unlike traditional motorways, smart motorways utilise advanced technology and unique features like variable speed limits and all-lane running. These differences can complicate accident claims, particularly when factors like lane closures, lack of a hard shoulder, or system malfunctions come into play. Determining liability often requires a deeper investigation into the circumstances surrounding the accident.

 

Steps to Take After a Smart Motorway Accident

 

Ensure Safety First:

• If possible, move your vehicle to a safe location, such as an emergency refuge area (ERA). You need to move your car as far over to the left as you can. Make sure your hazard lights are on while attempting this manoeuvre. If this isn’t feasible, turn on the hazard lights. Try to exit the vehicle on the side that has no moving traffic, this would typically be the passenger side door. Make sure the car is left empty, and you have moved yourself and the passengers to a safe distance away from the vehicle until help arrives. It is advised that you distance yourself from passing traffic and if there are safety barriers you should place yourself on the side away from traffic if possible.

Call Emergency Services:

• Contact the police and, if necessary, an ambulance. Reporting the accident ensures an official record is created, which can be crucial for your claim.

Collect Evidence:

• Take photographs of the scene, including vehicle damage, road conditions, and signage. Record details of other vehicles involved and collect witness information if possible.

Report the Incident to Your Insurer:

• Notify your insurance company about the accident as soon as it is safely possible to do so, providing all relevant details.

Seek Legal Advice:

• Consulting a solicitor experienced in road traffic accidents, particularly those on smart motorways, can help you navigate the claims process effectively.

 

Establishing Liability

 

Liability for smart motorway accidents can be complex. It may involve:

Other Drivers:

• • For instance, if another driver ignored a red X signal or engaged in reckless behaviour, they could be held responsible.

Road Operators:

• • In cases where system failures (e.g., stopped vehicle detection not functioning) contributed to the accident, Highways England (or its successor organisation) may bear some liability.

Vehicle Manufacturers:

• • Defective vehicles or safety features may also play a role in accidents, making manufacturers a potential party in your claim.

 

Types of Claims You Can Make

 

Personal Injury Claims:

• If you’ve suffered injuries, whether minor or severe, you can seek compensation for medical expenses, rehabilitation costs, and pain and suffering.

Property Damage Claims:

• Compensation can be sought for vehicle repairs or replacement, as well as damage to personal belongings.

Loss of Earnings Claims:

• If your injuries prevent you from working, you may be entitled to recover lost wages and future earning potential.

Fatal Accident Claims:

• In tragic cases, families of deceased victims may claim for loss of financial support, funeral expenses, and emotional suffering.

 

Key Considerations When Making a Claim

Time Limits:

• • Claims typically need to be made within three years of the accident. However, there may be exceptions for certain cases, such as those involving minors.

Evidence Requirements:

• • Strong evidence, including medical reports, witness statements, and photographic documentation, strengthens your claim.

Legal Representation:

• • A solicitor specialising in smart motorway accidents can handle negotiations with insurers and represent you in court if necessary.

 

How to Protect Yourself on Smart Motorways

Follow Road Signage:

• Obey variable speed limits and red X signals to reduce the risk of accidents.

Stay Alert:

• Avoid distractions and remain vigilant for changes in traffic conditions.

Understand Emergency Procedures:

• Familiarise yourself with the location of emergency refuge areas and how to contact motorway control centres.

 

A Recap of Legal Rights After a Smart Motorway Accident

 

Accidents on smart motorways can be life-altering, but knowing your legal rights empowers you to seek justice and fair compensation. By taking the right steps after an accident and working with an experienced solicitor, you can navigate the complexities of smart motorway claims and focus on recovery. If you’ve been affected, don’t hesitate to seek professional advice to ensure your rights are protected.

 

 

Important Information About Personal Injury Claims

 

• Time Limits: You have three years from the date of the accident to file a claim. Exceptions may apply for individuals under 18 or those unable to claim due to incapacitation.
• Our Commitment: We help injured individuals and their families access expert care and rehabilitation. Working with experienced solicitors, we are dedicated to securing the compensation you deserve.
• No Win No Fee: Our partners offer “No Win No Fee” arrangements, giving you peace of mind.

 

If you’ve suffered an injury in a road traffic accident on a smart motorway, contact First Personal Injury today. Our experienced team is ready to help you navigate the claims process and connect you with the right solicitor to support you on your recovery journey. Call us at 0333 358 2345 or visit our website to start your claim.

For more information, visit First Personal Injury.