Accidents involving pedestrians

 

A pedestrian accident can cause the most severe type of personal injury, as pedestrians do not have the same protection as other highway users. Car drivers have a legal duty of care to drive carefully ensuring they look out for other road users.

If you are a pedestrian who has been involved in a road accident then you may be entitled to compensation.

Types of pedestrian accident

A pedestrian accident can involve any type of vehicle, including bikes. In fact there have been several high-profile cases regarding cyclists hitting pedestrians recently.

The accident will often occur due to road users:

  • Driving without due attention
  • Disregarding traffic lights
  • Driving under the influence of drugs or alcohol

Even if you stepped out in front of the car, while you may lose a certain amount of your compensation due to you own negligence, it is still worth enquiring about your right to damages particularly as pedestrians do not have insurance for such incidents.

What to do if you are involved in an accident

At the scene of the pedestrian accident, you should try to get as many personal details from the driver as possible, including their:

  • Name
  • Address
  • Contact number
  • Registration
  • Name of their insurance company

Most cases are settled out of court; however, if there is a dispute over liability or the amount of compensation then the claim may progress to court.

Claims can be brought three years from the date of the accident and the amount of damages that can be awarded varies based on the severity of the injury and its impact on the claimant. For example, a higher amount of compensation is awarded for broken bones, head and spinal injuries and less for whiplash and minor bruising.

If you are hit by a stolen vehicle or an uninsured driver, your pedestrian compensation claim can be made through the Motor Insurance Bureau. You might feel that you have been at fault in a pedestrian accident for stepping out into the path of a car, and if this is the case any damages that you may be awarded could be reduced under the principle of contributory negligence.

However, road traffic accidents are not always as straightforward as they seem and it would be useful to seek expert advice from a specialist solicitor. It is vital that legal advice is taken soon after, as pedestrian accidents should be claimed within three years of the incident.

Have you had a personal injury as a result of a pedestrian accident? Contact Law can put you in touch with a specialist personal injury lawyer who can assess the likelihood of success of your case, and usually take on your case on a no-win, no-fee basis. Please call us on 0800 1777 162 or complete the web-form above.

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