Personal Injury Law Blogs

The Do’s and Don’ts Of Personal Injury

When someone is injured, the law normally prefers that the person at fault for that injury bear the financial losses associated with that injury. Injured individuals may consider suing a negligent party in certain circumstances.

Personal injury cases are serious matters involving insurance companies, investigators, and complicated damage calculations that can run into the millions of dollars. A car accident lawyer in Charleston advises that in order to avoid compromising a case and reducing one’s chances of recovering money, prospective plaintiffs should take certain actions prior to filing suit.

    • DO seek medical attention if injured. Latent injuries are always possible. Concluding that apparently minor injuries are minor can lead to untreated issues that prove to be serious over time, such as back problems and nerve damage. Getting the opinion of a competent medical professional can help one begin a treatment regimen suitable for his or her needs and determine the exact level of damage that the injured party has suffered.
    • DO keep records. Medical bills, physician statements, and mental health bills can be useful later.
    • DO seek counsel. Many attorneys will offer potential clients a free consultation. Attorneys can then assess the individual client’s situation and determine whether pursuing a lawsuit against a defendant will be profitable.
    • DO listen to the attorney. Clients will often pay attorneys good money for good advice and ignore it. This can be as innocent as answering a few questions from an insurance company’s investigator to as malicious as assaulting the other party. Such actions can have severe consequences for the client.

Ideally, one would avoid being injured in the first place. Since that isn’t possible, there are also some things to avoid after an injury has occurred.

    • DON’T create circumstances in which you can get injured. Brake-checking that tailgater may feel good emotionally, but getting rammed into the hedges will be physically unpleasant. Personal injury lawsuits are aimed at making an individual whole and putting an individual back in the spot in which he or she was prior to the accident. By acting responsibly, one minimizes their potential for injury, reduces their injuries when an incident occurs, and looks better to the jury. Irresponsible plaintiffs are unsympathetic.
    • DON’T immediately offer to accept an insurance company’s settlement. It takes little time to accept a free consultation from an attorney and discuss the situation and settlement with him or her. If the insurance company is lowballing the injured party, the attorney can inform the client about his or her options.
    • DON’T misrepresent your condition. Plaintiffs must not malinger or misrepresent the scope of their injuries. Such actions can lead to indictments for insurance fraud and perjury. It also makes it more difficult for genuinely injured people to seek relief.
    • DON’T engage in visually strenuous activities outdoors if the pain temporarily subsides. Insurance companies investigate claims of physical injury, and if an investigator is able to photograph the client with a physical injury doing things that appear to be inconsistent with that injury, the insurer may be able to get the case dismissed.

The preceding article is not legal advice. Injured individuals who are not at fault should consult attorneys in their areas. A licensed attorney can advise clients about their options and their rights.

Katie Hewatt is a legal researcher and contributing author for the Howell & Christmas group, a car accident lawyer in Charleston, who consists of Attorneys Gary Christmas, Ladson Howell, and Reese Stidham, IV. The Howell & Christmas Law Firm specialize in personal injury, worker’s compensation, criminal law, and real estate law. Whether you are injured in a car accident or a premises accident, they can handle all aspects of personal injury and are only a phone call away.

Strava Website Sued for Negligence Which Contributed to Cyclist’s Death

William “Kim” Flint, an avid cyclist, was killed while trying to break a speed record that was posted on a cycling website.
Flint Intended to Defend His Record

Flint, 40, was an active user of Strava, an interactive network for cyclists. Users can post routes on the website and attempt to top other users’ speeds on certain courses. For some routes, the cyclist with the fastest time is dubbed “King of Mountain.”

On June 19, 2010, Flint was killed when he attempted to break the speed record posted on Strava while cycling down South Park Drive in Berkeley. He had previously held the record for speed on that stretch of road. When he was alerted that another user had earned “King of Mountain” status for that ride, Flint became determined to reclaim his title.

The speed limit on South Park Drive is 30 mph. Flint was clocked at 40 mph before he braked suddenly to avoid a car. He was fatally injured when his bike flipped over.

According to his family, Flint used his Twitter account to post links to his Strava profile and highlight the routes on which he had earned “King of Mountain” status.

His family filed a lawsuit against Strava. Their lawsuit claims that the company was negligent for not warning users about dangerous courses, including the South Park Drive course. After Flint’s death, the course was marked as a hazardous route.

Susan Kang, the attorney representing Flint’s family, claims that cyclists must break the law to attain “King of Mountain” status. She argued that the company is promoting a culture that encourages breaking the law without emphasizing the risks. She maintains that the company should have done more to stop similar incidents from happening in the future.

Mark Riedy, a spokesman for Strava, says the company will fight the lawsuit. Although the company has offered condolences to Flint’s family, he insists that the lawsuit is without merit. Before gaining access to the site’s features, users must agree to the site’s Terms of Use. The Terms of Use release Strava from liability for any injuries or death suffered by the site’s users.

Bay Area Sees Rise in Pedestrian Fatalities Caused by Cyclists

In another incident in San Francisco, a cyclist sped downhill and ran a red light, striking and killing a 71-year-old man who was crossing the street. Chris Bucchere, 36, was charged with vehicular manslaughter. Bucchere had been attempting to set a speed record for the route through that neighborhood and had an electronic monitoring device attached to his bike. Local surveillance cameras helped experts estimate his speed at 35 mph.

Bucchere was also a user of the Strava website.

Stephanie Ong Stillman, a spokeswoman for the district attorney’s office, has said that prosecutors must show that Bucchere acted with gross negligence in order to convict him for felony vehicular manslaughter. If he is convicted, he may serve up to six years in prison. Bucchere has pleaded not guilty to the charges. This is the third incident in the Bay Area involving a bicyclist fatally injuring a pedestrian in the past year.

San Francisco has experienced a 71 percent increase in bike traffic since 2007. Other cities throughout the United States have seen a dramatic increase in bicycle commuting as well. As the bike movement grows, however, many officials are concerned about the impact on public safety. Although most bicyclists respect traffic rules, others create a dangerous situation when they run stop signs and traffic lights. Cases such as Flint’s and Bucchere’s highlight the dangerous situation posed by cyclists who disregard traffic laws.

This article was written by Karl Stockton for the team at Kanetix. They can assist businesses with their information on CGL (or commercial general liability) coverage comparison.

No Win No Fee Solicitors Explained

Anybody that’s been unlucky enough to suffer a serious injury knows that coping with its consequences can be very difficult. For many people who suffer an injury as a result of someone else’s negligence, making a personal injury claim is the only way they can afford to cover the costs brought about because of the accident. However, if the accident was not your fault and you decide you do want to pursue a personal injury claim you have the added hassle of finding a personal injury solicitor. And with so many about of them about how can you make sure you pick the best one?

The first thing people look for is experience. Experience is especially important if your claim is a complex or unusual one. Websites may advertise the fact that their team of solicitors has dealt with plenty of cases like yours, but you’ll want to make sure that whoever is personally dealing with your injury claim has benefited from that experience.

Another thing you’ll need from your personal injury solicitor is complete trust. A number of stories in the press of a few rogue solicitors that look out for their own interests before the interests of their clients shouldn’t make you paranoid, but you should be aware that unfortunately they do exist. Solicitors that promise compensation that sounds too good to be true may be trying to pull the wool over your eyes. On the other hand, solicitors that seem engaged and appear like they genuinely want to help will put your mind at ease.

While in some cases you might not ever even have to meet your personal injury solicitor, at some point during your claim it might be helpful if you are able to have a face-to-face discussion. In these circumstances having a solicitor that is local is obviously beneficial. Depending on your case, there might be other benefits to having a solicitor with local knowledge. Nevertheless, in some circumstances the location of your solicitor will be of no consequence.

The benefits of picking the right personal injury solicitor are numerous. Most importantly you’ll be able to rest assured knowing that your solicitor is working as hard as he or she can to get you as much compensation as you’re entitled to as quickly as possible. Instead of worrying about your case you can focus on getting better. The best no win no fee solicitors will also be able to get you the maximum amount of compensation you’re entitled to as quickly as possible. That’s why it’s absolutely vital that if you’ve suffered a personal injury you find the best legal help you can.

However, many people can’t afford the legal fees that solicitors charge. This is why no win no fee claims have become so popular – they allow everybody access to justice, not just those that can afford it. In practically every situation, no win no fee solicitors are the best option for people looking to make a personal injury claim as it puts them in no financial risk, again allowing them to focus on recovery rather than worrying about their case.

Workplace Personal Injury Compensation Claims

The following article was by My Compensation’s Jim Loxley. My Compensation is a trusted personal injury claims firm based in London.
–
If you sustained a personal injury in the workplace, it’s very common for a personal injury compensation case to be considered. My Compensation takes these types of calls daily. This course of action raises a few questions, and so we have written this article in order to try and help answer some of the more common ones, and explain why a personal injury compensation claim should, in fact, always be considered in the workplace. First, let’s take a look at what responsibilities your employer has.

What is my employer liable responsible for?

Your employer must take a note of and keep records of any personal injuries which are sustained during the course of work. This includes, but is not limited to:

  • Death which happened in the workplace
  • Any serious personal injury sustained
  • Any diagnosed cases of industrial disease of any kind
  • Any dangerous occurrences such as near-misses which involve heavy equipment, explosions or biological agents

The different types of injuries which must be noted include

  • Broken or fractured bones
  • Amputations
  • Any instances of unconsciousness
  • Instances of resuscitation
  • Hospital admittance
  • Any injury which would stop a claimant from doing work for seven days or more
  • Any serious sprain or cut to the skin

Furthermore, employers must comply with the rules and regulations which are set out by the Health and Safety executive. Should anything terrible happen in the place of work, it’s a member of the Health and Safety executive department who will head an investigation to see that regulations were being met.

Could My Workplace Personal Injury Have Been Avoided?

One of the first questions that need answering before starting your compensation claim is: was the personal injury avoidable? Avoidability can be a tricky subject so let’s look at a recent personal injury compensation claim. One day, an employee was walking along an office floor and there was a carpet tile upturned at the corner. The employee tripped on it and broke their arm. Someone might argue that the person should have been looking where they were going and so the accident was avoidable. However, this is not the case in the eyes of the law. The employer has a duty to ensure that the environment in which their employees work is safe and so, in this instance, the fault would lie with the employer for not ensuring the walking surfaces were safe and the personal injury compensation claim was won.
an image showing a place of work where personal injuries are often compensated for

Psychological Ramifications of Workplaces Injuries

The issue of psychological damages is another one which often comes up. The workplace should be seen as somewhere safe, without any psychological trauma attached to it. If you suffered a personal injury in the workplace, especially if it was a traumatising one involving heavy machinery for example, then it will likely be hard for you to feel comfortable there after the personal injury compensation claim. It’s important also to take into consideration the fact that this would have an effect on your long-term career. This discomfort could seriously inhibit progress within the hierarchy structure of your workplace. Such negative associations with personal injury would ultimately affect your salary potential. Psychological trauma is also taken into consideration when making your personal injury compensation claim.

Co-Worker Considerations

Another reason why it can be important to initiate the personal injury compensation claim against your workplace is that it will force the employer to rethink their safety procedures, making a safer environment for everyone that works there. This is especially important for you if you do, in fact, wish to maintain your position at the company. If we lived in a perfect world then employers would always go out of their way to ensure the safest possible conditions. As this is sadly not the case, a personal injury compensation claim against the employer would force them to reconsider their policy and act diligently.

Other Sources
http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026579

The basics of the law relating to defamation

With the Leveson Inquiry having concluded its public hearings (and Lord Leveson to file his final report and recommendations in November) the subject of defamation has been an extremely topical one this year. Libel actions against newspapers (such as Steve Coogan’s, for example) can be extremely high-profile and have gained much publicity in the wake of the Inquiry. This post will take a look at the law relating to defamation in the UK, examining in particular:

  1. What types of defamation are there?
  2. What must a Claimant show in order to prove defamation?
  3. Are there any defences available to a claim for defamation

What types of defamation are there?

There are two “sub-types of defamation:

  1. Slander
  2. Libel

Slander

Slander is an inpermanent form of libel. It normally occurs when a defamatory statement is made verbally instead of recorded in some form. In order to succeed in a claim of slander the Claimant normally needs to prove that some harm has been done by the defamatory statement (for example, a slanderous verbal employment reference has prevented you from getting a job). In practice slander is quite difficult to prove as there is by definition no recording of the defamatory statement.

Libel

Libel is the permanent publication of a defamatory statement. It occurs when a defamatory statement is recorded in some form – for example in writing, on film or in a broadcast of some sort. In order to succeed in a claim for libel the Claimant doesn’t necessarily have to prove that they have been harmed in some way – they just need to show that the publication was defamatory and referred to them.

What must a Claimant show in order to prove defamation?

A Claimant must show the following in order to succeed in a claim for defamation:

  1. Defamation – that a defamatory statement has been made
  2. Referral – that this defamatory statement refers to the Claimant
  3. Publication – that this defamatory statement has been published

Defamation

In order for a statement to be defamatory it must lower the Claimant in the eyes of right-thinking people. This is an objective test and is essentially “would the statement lower the Claimant in the eyes of the reasonable person?”.

Referral

The statement must also refer to the Claimant. It must therefore identify the Claimant in some form – an obvious example would be the inclusion of the Claimant’s name in a newspaper article. However, a statement can refer to a person even if the Defendant didn’t intend for that statement to refer in fact to the Claimant. If, for example, a fictitious character bears a strong (and defamatory) resemblance to the Claimant then it may be deemed to be referring to the Claimant, even if this is unintentional.

Publication

In order for a statement to have been published it must have been communicated to at least one other person than the Claimant themselves.

Are there any defences available to a claim for defamation?

The following are potential defences to a claim for defamation:

  1. Consent – That the Claimant consented to the publication of the statement
  2. Truth – that the statement referring to the Claimant is true
  3. Fair comment – that the statement is in the public interest and objectively fair
  4. Privilege – either absolute or qualified privilege

Redmans Solicitors are lawyers in Richmond. They are defamation solicitors but are also London employment lawyers

Accidents and Uninsured Drivers in the UK

Drivers in the UK are required, by law, to be covered by Car Insurance, yet it is believed that up to 6% of all drivers, actually on the roads in the UK, don’t have insurance. First off this is pretty ridiculous, and it’s surprising how these individuals feel like they can get away with it. It’s made even worse when you consider that uninsured drivers are responsible for around 23,000 injuries and 160 deaths each year. That’s simply staggering. It’s even more shocking when you discover that many of the victims will find it difficult to claim compensation, and might not get any at all, due to the lack of an insurer to make a payment.

Luckily there are still avenues to explore that could result in compensation for the victim. This came about in 1999 when the MIB (Motor Insurers Bureau – not the Men in Black) struck an agreement with the UK government to help those seriously injured receive compensation. This is achieved by the MIB holding a fund, gathered in small amounts from all drivers that have car insurance, to create a pool of available compensation.

With the help of a serious injury solicitor, it may be possible to receive some of this money. It’s not guaranteed – it’s only likely that serious, serious injury may result in compensation – but it’s possible.

Obviously this isn’t the complete answer: having the drivers who don’t insure their vehicles and are now on the road illegally punished more will help, but for the victims of these reckless, unruly – and downright wrong – drivers, some help can be offered. It’s an important service that can often mean the difference between a poor quality of life, and a better quality of life.

 

Los Angeles, California Accident Claims – How Do You Get Paid For Your Loss?

Always concerned for the health and safety of our citizens traveling abroad to a busy place like the Golden State of California, we wanted to provide some basic info if you got hurt in a vacation related rear end collision, or other harm, such as a cruise ship tour. We asked a Los Angeles, California attorney to discuss getting paid for a tragic loss or fatality, and Michael P. Ehline, Esq., from the Circle of Legal Trust, volunteered. He is located right in the heart of the “City of Angels”, at 633 W. 5th St., #2890 Los Angeles, CA 90071-2005; (213) 291-9080.

Editor’s note – see also our list of some of the best medical malpractice attorneys in Los Angeles.

Insurance and Self Insurance Act As a Safeguard Against A Loss

Mike says that insurance is a safeguard against incurring heavy expenditure for medical treatment, repair of damaged vehicles, or homes etc. He also said some businesses, like the big cruise lines, are self insured. As far as personal insurance goes, there are several types of policies to meet different requirements. A good majority of policies cover expenses for medical treatment and the exorbitant bills that go along with it. Self insurance is when the business usually can’t get coverage unless it is from Lloyds of London, so they put up their own collateral to pay for any potential, future tort or negligence claims.

Different Types of Insurance

Los Angeles is the second largest city in America, and extremely dense in population, fast cars, and “freeway traffic.” So you want to make sure you have good insurance if you travel there for sure. There are also policies where personal injuries are caused by either by accidents either at workplace (“workers comp insurance”), or in a car crash (“liability insurance”) for example. Other policies cover the loss of the vehicle . (“Comprehensive and Collision”), and still others, pay for no fault “med pay”, where no matter who is at fault, there is insurance to pay for hospital care up to a certain amount.

Typically, your car rental company will require you to have coverage, or they will sell you an over the counter policy. “So don’t be frightened if you think you don’t have the right coverages, Ehline says.” Claims can be made in such cases with the insurance companies for the policy holder, who is typically also a defendant who is at fault for the tort. The normal method of making the claim is for the person to file the claim with the insurance company immediately after the accident, and without delay. Only after consulting a personal injury attorney for Los Angeles in this case, prior to contacting the other driver’s insurance company.

Reporting the Details to the Adjustor

Insurance claims are made with reports of details of the accident just as who suffered, what happened at site, who or what caused the accident and also the damages that might have occurred. Typically an insurance adjustor is assigned to the matter, and he or she will try and get a recorded statement. Ehline counsels against giving any recorded statement, and says it is better to have a lawyer do your talking for you when making a claim.

Injuries Take Place Anywhere

Mishaps take place not only at workplace, but also at places used by public also. There is a case of pedestrian getting seriously injured by debris falling on him from a crane clearing earth from a work spot. The entire lot fell on him and he was almost covered by the earth. Luckily, he was rescued live.

The injuries sustained by this event, has left him unfit for any job and his medical expenses completely wiped out his savings. The contractor engaged for the work brushed aside his compensation claims. He engaged lawyers and took it up legally.

The lawyer arguing his case had this to say” it was the duty o f the contractor to barricade the work area clearly pointing out the danger involved in the area for pedestrian”. Fighting the matter in the court for some time, the lawyer was able to get adequate compensation for the pedestrian.

He said “it is a second life for me.” “I thought that the contractor would be remorseful for his failure to take adequate precautions and compensate me for his negligence. He failed and had to be forced on him legally. I got the entire medical expenses reimbursed and lump sum compensation that will take care of my needs for a few years. I should thank my lawyer for the effort he put in. He deserved the fee I paid.”

Negligence Attorneys Investigate Mishaps and Help You

Accident insurance claims may involve heavy and onerous payments. Though insurance companies are fully aware that they have full liability to settle the claim, they make every effort to arrive at as low a figure as possible based on their own investigation and calculation. They interview witnesses, doctors, etc; to make sure that the notification sticks to facts and the claim for compensation is realistic and payable. Ehline says that California is like most states. You need a local negligence lawyer who is even more aggressive than the adjustor, who also knows LA court, and streets like Melrose Ave., to the Sunset Strip. You have to hire an advocate who is a velvet hammer if you want to get your client any compensation, regardless of the many types of insurance policies and coverages involved. So if you are on holiday and get hurt, I think you should give him a ring if you want to get paid for your loss. Cheers.

Sources:

http://en.wikipedia.org/wiki/Downtown_Los_Angeles

http://injuryattorneyatlanta.net/personal-injury/los-angeles-personal-injury-attorney-michael-p-ehline-offers-quality-legal/

5 Tips When Choosing a Personal Injury Lawyers in Toronto

When you have been injured, it is important to hire a good lawyer.  Victims often have difficulty separating their emotions from the law.  A good lawyer not only addresses the law, but pays attention to your state of mind so that the claims process or lawsuits can be as smooth as possible for both victims and lawyers.

When selecting a lawyer, consider the firms specialties.  This may have an impact on the outcome of your case.  For example, numerous lawyers in Toronto specialize in automobile accidents, but they may also have great knowledge of cases dealing with pedestrian accidents, motorcycle accidents or even public transportation accidents.  Others may specialize in personal injuries and have expert staff on hand such as medical malpractice lawyers, disability lawyers, dental malpractice lawyers, or even brain and spinal cord injury attorneys .  Some items to consider before you make your selection:

1. Make sure the lawyer is licensed to practice in Ontario
Basic, but is very important. Attorneys are licensed to practice law in a given province by the Ontario Bar Association. An attorney who is not licensed to practice in Ontario in which the lawsuit arises cannot represent you.

2. Check the law firm’s specialty 
Depending on the type of claim, check with the law firm to make sure they have a lawyer that specializes in your type of case.  If you have a personal injury such as a slip and fall, you may want to ask how many cases your lawyer has dealt with in this area.  You may want to look for a firm that specializes in this field.

3. Take notice of your lawyer’s personality 
Many people simply accept their lawyer’s personality – whether it is compatible with theirs or not.  This is usually because the lawyer is deemed as the expert.  But a claim may last a long time, sometimes spanning years.  As a victim, you may want to be informed on a regular basis.  Make sure there is a clear understanding from the lawyer about how often you need updates, whether or now you need follow up calls or meetings to avoid client and lawyer frustration.

4. Does your lawyer have a good bar standing
Check with the provincial bar association to ensure that your lawyer is in good standing with no disciplinary proceedings against them.

5. Fee agreements 
BEFORE engaging the lawyer for representation, make sure you have a clear understanding of how the lawyer collects his/her fees. Lawyers have very different ways of charging clients from retainers to contingency agreements so check with your lawyer to see how he/she charges and whether their method is acceptable to you.

Introduction to medical negligence

When we have medical procedures performed on us by medical professionals we expect that the highest of standard are adhered to. If these are not and we suffer as a result then those medical professionals at fault can be sued in order to compensate for any loss or injury.

The types of situations which can lead to a claim include:

  • Mistakes in surgery;
  • Failure to act or treat a patient when it is necessary to do so;
  • Administering the wrong medication or the wrong dose of medication; and
  • Misdiagnosis or failure to diagnose a condition.

The basic concept of these claims is the same as a claim for any other personal injury but the issues can often be much more complicated and involve the need for expert medical evidence.

What must be proved?

In order to be successful in a claim the ingredients of negligence must be proven, these are:

  • The existence of a duty of care – this will be found where a healthcare professional performs a service for an individual, such as a surgeon conducting an operation;
  • The breach of that duty – this will be found where their action, or lack of action, falls below the expected standard of a reasonable healthcare professional in their field of expertise;
  • Injury caused by that breach – the injury needs to be caused as a result of the breach of duty such as the loss of feeling because the surgeon negligently damaged a nerve.

How to bring a claim?

It is important to go to a solicitor who is experienced in bringing claims for medical negligence as the issues can be complex and the implications of failing in a claim can be severe. If a claim is dismissed the Defendant’s cost may become payable, these can be considerable in such a case as experts are often commissioned and healthcare bodies will often instruct expensive lawyers. A solicitor may need to commission expert reports on both the cause of an injury and the financial effect the injury will have on the injured party.

It is possible to enter into a conditional fee agreement with a solicitor although in many medical negligence claims it is very difficult to assess the chances of success due to their complex nature. Hence, solicitors may be reluctant to take on a case without being paid up front and bear the expense of expert reports and lengthy litigation with no guarantee of remuneration. It is possible, at present, to receive Legal Aid when making a claim in medical negligence although it is uncertain as to how much longer this will be possible.

Expert Evidence

Due to the nature of the arguments involved in proving a claim in professional negligence it is often the case that experts need to give evidence. This is because there are various ways a medical professional may treat a patient and it would be a defence for them to say that the method they have selected, although unconventional, is consistent with the way other reasonable professionals would have acted. It is worth bearing in mind that just because a patient has suffered some harm it does not necessarily mean that the medical professional was negligent. There are risks that come with any medical procedure and a patient can suffer adverse consequences even though the medical professional has acted entirely appropriately.

Where does the money come from?

All medical professionals pay for professional insurance to cover them in situations where they are sued for negligent conduct. Therefore the resources of the insurance company are enough to cover the claims made against the professionals.

How much will I receive?

The amount of money a court will order upon a claim being successful will depend on the severity of the injury and the extent it has affected the injured party’s life. Damages can be awarded for consequential losses such as a loss of earnings or the cost of a carer if necessary.

It is possible to settle a claim before it reaches court. This is another time when a trained solicitor is vital in ensuring that the amount offered is appropriate and adequate in compensating the injured party for the injury sustained and their future needs.

This post courtesy of My lawyer who provide a wide range of online legal documents and ancillary services.

Increase in drink drive casualties

The number of people killed or seriously injured as a result of drink and drive accidents has risen for the first time since 2002, according to new figures from the Department for Transport. The number of fatal drink drive accidents also increased.

The statistics, which are provisional estimates for 2011, show that:

  • Fatalities resulting from accidents involving drink drivers increased by 12% from 250 in 2010 to 280 in 2011;
  • The number of seriously injured casualties rose by 3% from 1,250 to 1,290;
  • There was an increase of 3% in the number of casualties sustaining slight injuries from drink drive accidents (up from 8,210 to 8,430);
  • Overall, there was an increase of 3% in total casualties caused by drink and drive accidents  (up from 9,700 to 9,990);
  • The number of fatal drink and drive accidents increased to 260 in 2011 – up 18% on 2010;
  • The number of accidents involving drink drivers rose by 2% from 6,630 to 6,730; and
  • Overall, 15% of all road fatalities occurred as a result of a drink and drive accident.

Road safety organisations have expressed concern at the increase, which follows a drop in 2010, when drink drive fatalities were at their lowest in thirty years.

Simon Best, the chief executive of the Institute of Advanced Motorists, described the rise as “worrying”, and blamed it on the morning after effect.

“There needs to be more education on the effects of driving after drinking,” he said. “A heavy night drinking could leave you over the limit the morning after. The message to all drivers is don’t drink and drive.”

According to Julie Townsend, deputy chief executive at Brake, a zero tolerance approach is called for.

“We appeal to drivers to commit to never driving after drinking any amount – even one small drink,” she said. “We are calling on the government to take decisive action on this major killer, including a zero tolerance drink drive limit, to send out a clear message that it’s none for the road, and greater priority given to traffic policing, so we have more police carrying out life-saving enforcement.”