Have you, as a pedestrian, ever been injured in an accident that wasn’t your fault? If this is the case then you could be entitled to a compensation award.
Clickandclaim offer advice and assistance with compensation claims. We have years of experience dealing with all types of personal injury claim and other claims and can guarantee a hassle free claims process.
Road accidents involving pedestrians are common place. Up to date statistics show that there were in excess of 271,000 casualties on Britain’s roads in 2005 and around 21% of road accident fatalities during 2005 were pedestrians.
If you are a pedestrian who has been in a collision with a motor vehicle then you might wish to know your rights about making a compensation claim. Generally these claims involve serious personal injury and it is always sensible to seek formal legal advice on your situation.
Car drivers carry a very heavy burden as far as pedestrians (and other road users) are concerned. They owe a duty of care that the law upholds and they must drive in a safe and reasonable manner at all times.
If you have been hurt as a pedestrian in a road accident - you might be entitled to compensation.
Many people feel they may have been at fault for stepping out into the path of a motor car. However these claims are far from straightforward and we would always recommend obtaining a legal opinion.
Making a claim against the driver of a motor vehicle when you are a pedestrian involves the same procedure as if you were another vehicle driver. In essence, you should try to take the third party name, address and vehicle registration number. If you are unable to do so, and the Police are called to the scene of the accident, then we will be able to request those details from the Police in the form of a “Police Accident Report”.
Motor accidents involving pedestrians are usually taken very seriously by the Police as the pedestrian can suffer severe injuries. Statements can be taken from the third party at the scene of the accident and any witnesses will also have their details taken. In some instances, the pedestrian is perhaps unable to remember the exact circumstances of the accident and therefore the content of the Police Accident Report can be invaluable.
If the Police decide to charge the third party driver, then the case will be directed to the CPS (Crown Prosecution Service) to see if there is sufficient evidence to convict the driver at Court. If convicted, then a pedestrian will have very good prospects of obtaining compensation from the third party’s insurers.
If the third party is not charged, then do not worry as you still may have a claim. The pedestrian claimant will have to provide sufficient evidence to show, on the balance of probability, that the driver of the vehicle had been driving in a negligent manner. This can include speeding, performing a dangerous manoeuvre, failing to look where he/she was going etc. Once we have obtained all the evidence and statements in support of your case, we will be able to advise whether your claim has prospects of success.
If a driver is found to be negligent, the third party’s insurers may decide to allege “contributory negligence” against the claimant. Research shows that the most frequently reported contributory factor in pedestrian accidents is the pedestrian’s failure to look properly and involved 32 per cent of all accidents. If it can be shown that a pedestrian did contribute toward the accident’s occurrence, then the value of the claim will be reduced by a percentage to reflect the seriousness of the contribution. By way of an example, if a claim is worth £1000 but contributory negligence was raised and alleged at 25%, then the value of the claim would be £750.
A pedestrian claimant can claim compensation for (a) the injuries sustained in the accident and (b) any out of pocket expenses caused as a result of the accident/injuries such as lost earnings, prescription charges and treatment costs etc.
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