What is a pedestrian accident?
A pedestrian accident is a road traffic accident involving someone on foot and any vehicle, including an electric bike, bicycle or scooter.
Who is at fault in a pedestrian accident?
All road users, including pedestrians, have a duty of care to other road users. This means everyone has a legal duty not to jeopardise the safety of anybody else.
Sometimes it can be difficult to determine who was to blame for a road traffic accident. For example, if a pedestrian crosses a road whilst checking their phone or a child runs onto a road without warning.
However, even in these cases, a vehicle driver is often at least partially to blame. They might have been driving too fast or have been driving without due care and attention to the layout of the road and pathways.
If you have been injured as a pedestrian and even if you feel you are partly to blame, please talk to our solicitors. Being partly to blame does not mean your claim will automatically fail. Instead, the amount of compensation you receive may simply be reduced.
What are the most common types of pedestrian accidents?
The most common types of accidents where vehicle drivers are to blame include:
- Speeding
- Failing to stop at traffic lights or at pedestrian crossings
- Driving in poor weather conditions or not driving with reasonable care
- Being distracted because they are eating, drinking or using a phone while driving
- Driving while intoxicated with drugs or alcohol, which is also a criminal offence which can result in a prison sentence
How can you make a compensation claim?
If your injury happened in the last three years and was caused, or partially caused, by another person, you may be able to claim compensation for a pedestrian accident.
Our pedestrian injury claim solicitors can help you establish whether you have a case and advise on the likely outcome.
Our solicitors will begin by gathering evidence to prove the injuries you have suffered and the losses you have incurred as a result of the accident. We will also gather evidence to establish that the other party’s negligence caused your injuries.
Evidence might include photographs of your injuries and the scene of the accident, witness statements and medical reports. In the aftermath of an accident, it is very important that you see a doctor even if you have no immediate symptoms. This is because symptoms may develop hours or even days after the accident.
Can a child claim pedestrian accident compensation?
We know how traumatising it is for the whole family when a child is injured in an accident. An accident can have a huge physical and psychological impact on a child’s life.
Under 18s cannot claim compensation for a pedestrian accident themselves. However, a parent or guardian can claim on their behalf as a ‘litigation friend’. By claiming compensation on a child’s behalf, you can ensure they receive the support they need to compensate them for the injury and impact on their life as far as possible.
Examples of pedestrian accidents involving children are:
- Accidents crossing the road
- Hit and run incidents
- Cycling accidents
- Cars mounting pavements
- Vehicles failing to stop at pedestrian crossings
Somebody who suffered a pedestrian accident as a child can claim compensation themselves once they are 18 years old. They will have three years from their eighteenth birthday to start a claim.
As the parent or guardian of a child who has been injured, you may be able to claim additional compensation, particularly if you have had to take time off work to care for your child.
Talk to a personal injury claims solicitor
Our personal injury claims solicitors are very experienced and can help not only in pursuing compensation for you, but also possible treatment by way of rehabilitation.
If you have been injured in a pedestrian accident, we can help you to claim maximum compensation. We can make sure you are compensated for the pain you have suffered, your financial losses and the impact your injuries have had on the quality of your life.
We can pursue your claim on a No Win, No Fee basis so there is no financial risk towards legal costs of representation regardless of the outcome of your claim.
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