You may have heard about criminal injury compensations in Scotland, which victims of traffic accidents usually claim. This blog will teach you about the criminal injuries due to recklessness and irresponsibility in traffic accidents. Traffic accidents due to negligence of the driver is a crime in which anyone can be a victim. However, anybody can also be the cause of the accident itself. Criminal injuries due to irresponsible car driving leading to an accident is an element that can be approached from both perspectives. This aspect is discussed in this blog.
Types of criminal injuries due to recklessness in car accidents
There are many cases of casualty (unsound reasoning) in which criminal injuries occur due to a car driver’s recklessness. Think of it this way: any person’s negligent conduct or act can lead to a crime of reckless injury, and it usually happens in traffic accidents. We focus on traffic accidents in this blog.
There may also be different circumstances. Look at the following:
- A person riding a bicycle who hits a child
- A skateboard running over a pedestrian
- A healthcare professional, such as a doctor, harming a patient
Legal framework of negligence
The legal framework regulating recklessness in Scotland is contained in the Scottish Road Safety Framework. Precisely, this legal framework determines two types of imprudence, gross negligence and less serious negligence.
Gross negligence is defined as the omission of the most basic standards of care. This is perfectly expressed and delimited by the norm. However, jurisprudence, that is, the sentences appearing in courts as a result of this issue, also expresses this.
Less serious negligence
The less serious imprudence, on the contrary, refers to the infraction of rules and regulations that are not so fundamental or mandatory.
The resulting injuries
When a person is injured in a traffic accident, this incident may include the following more prominent aspects:
- Driving under the influence of alcohol (drunken driving)
- Driving after taking toxic drugs
- Reckless driving
Typically, they are considered less serious imprudence. When and what has been breached, such as skipping a traffic light, are covered by the Traffic Law regulations. In those cases, the consideration will be less serious.
However, if these less serious violations lead to a traffic accident, such as hitting a person who suffers injuries, it is considered a serious crime.
Injuries outside the scope of traffic accidents
Injuries can occur outside the scope of the traffic accident as well. So, if injuries due to recklessness occur in another context, you will have to know whether you have been injured due to a serious or less serious type of recklessness.
In these cases, you will have to see the general rule to determine if what has been breached is an elementary duty of care or a not so basic one.
The lawyer for the criminal injuries due to recklessness
When someone causes or suffers an accident that results in injury, the first and foremost approach is to contact an experienced criminal injury claim lawyer after seeking some medical care. One of the main benefits of this approach is that the lawyer will let you know about everything. You will understand what circumstances and possibilities surround the accident and the possibility of resorting to Civil Liability insurance (the legal responsibility for a payment to a victim). The lawyer will help you claim your injury compensation and know whether your home insurance covers or not certain coverages, such as your child injuring someone with a skateboard. An expert lawyer will also inform you of the possibilities to pre-constitute evidence, that is, to look for witnesses and others.
Need a professional legal firm that can deal with criminal injury claim cases?
Wallace Legal is a professional legal firm operating with the best criminal injury claim solicitors in Scotland to help you. This informative blog lets you know the criminal injuries one may suffer due to irresponsibility in traffic accidents. Contact us today for a free consultation if you are looking for our legal guidance on traffic accident matters that resulted in your injuries.