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If you are a pedestrian who has been in
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.
Read more about
what you must do if you are involved in a car
accident.
Official 2006 Casualty figures from the Dept for
Transport - There were 675 pedestrian deaths
1% more than 2005. Serious casualties (inc
fatalities) fell by 1% to 7,051. The all
inclusive pedestrian casualty figure fell by 7%
to 30,982
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.
Find out today
whether you can claim - we offer a no win no fee
service that means you wont pay a penny to
pursue your case.
Please read our case study
below for more information on pedestrian
injuries and subsequent legal claims. Please
also read the Governments road safety website -
Think! and the official
Highway
Code website.
If you have been injured in an
accident that was not your fault, your situation
may be difficult to deal with. In these
circumstances - you can and should consider
making a claim for compensation.
We can help you
claim and offer a totally free Pedestrian
accident service where no costs are payable at
any stage. All fees are paid by the responsible
party's insurance company if we win your claim.
If we lose the claim then you still pay nothing
because our
no win no fee compensation claim scheme
guarantees that we will not charge you.
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PEDESTRIAN
ACCIDENT CLAIM - CASE STUDY
Pedestrian accident compensation
claim
The claimant was a pedestrian walking
along a wide main road in broad daylight.
There
were no crossing facilities nearby but the
claimant needed to cross the road to visit a
shop. There was a slight bend to the claimants
left but he had a good view of the road and saw
that there was no traffic on either side and it
was safe to cross over to the other side. He
made his way towards the centre of the road when
he heard a car behind him with the engine
revving noisily.
A car had come around the
slight bend at a fast speed, the speed had
forced the driver almost onto the opposite side
of the road and he was veering straight for the
claimant. There was an impact and the pedestrian
was thrown onto the car bonnet before being
thrown to the ground. The police attended and an
ambulance was called to attend to the injuries
suffered by the claimant.
The police questioned
the car driver and witnesses who actually saw
the incident. The claimant had suffered a broken
Tibia on his right leg. He also sustained a
minor head injury and general cuts and bruises.
He was taken to the local Hospital and remained
an inpatient for two days. On his release he
learned from the police that the driver would
probably not be prosecuted because there was a
lack of corroborative witness evidence. They did
not comment on who they felt was to blame - they
rarely do in circumstances where no police
action is being taken.
The claimant decided to
make enquiries about a possible compensation
claim and he found The Claims Connection website
on the internet. He telephoned our free helpline
and discussed his case with our specialists. We
felt that he had a strong case and so our road
accident lawyers handled the claim on a
no fee basis.
Within two weeks the first in
a line of letters had been sent to the
responsible driver telling him we intended to
claim. We made contact with the insurers the
driver and asked them to confirm their position
on liability. This was denied initially but
after they had read the official police
investigation report, they admitted two thirds
of liability. It was argued that the claimant
should accept one third contributory negligence
because he had crossed right in front of
oncoming traffic. Witness evidence suggested
otherwise and whilst there was insufficient
evidence to convict the driver in a criminal
court - there was more than enough to suggest
civil negligence. After a short argument the
insurers agreed to pay the claim in full.
The
focus then switched to the personal injury claim
and the claimants medical progress. The fracture
had healed well without physiotherapy and he was
returning to full fitness. After 7 months the
claimant was progressing so well that we
arranged to have him examined by an orthopaedic
doctor - the doctor reported back to both the
solicitor and the insurers on the claimants
condition and his likely recovery period. The
cost of this evidence was paid in full by the
insurers. The doctor agreed that the claimants
recovery was well on course and that after 18
months he should have no ill effects or residual
weakness.
His claim for pain and suffering was
agreed at £5000 which included minor
psychological elements and soft tissue injuries.
He also received £2500 loss of earnings along
with £500 for miscellaneous items such as care
and services necessary after his release from
hospital. His costs were also paid in full.
Summary
This case illustrates a number of
important points. Whilst the claim settled in a
straight forward manner, there was initially a
fight on liability. The argument was won as a
result of our legal teams experience and
application in promoting the supportive evidence
available to us. In addition the claimant had
acted reasonably in crossing the road when he
did and there were no crossing facilities
available to him.
Pedestrian cases are seldom
straightforward and legal representation is
always recommended to ensure that you gain the
best possible settlement. The case also dispels
the myth that if a car driver is not prosecuted
then he cannot be held liable for an incident.
The truth of the matter is that in a civil
court, the burden of proof is less than in a
criminal court so the actions of both parties
are examined thoroughly in order to determine
who was negligent.
The claimant was able to
claim in the knowledge that win or lose the
claim would not cost him a penny under our
England & Wales "No win No fee" scheme.
OTHER RESOURCES:
Walk to school website -
Living Streets pedestrians association
car accident claims -
road traffic accident -
cycle accident -
brake
road safety -
bus accidents - motorcyclist
accident -
solicitor helpline -
motor accident solicitors
- fall in a supermarket -
car accident injuries -
car crash -
seat belt law
The
Claims Connection pedestrian accident page - UK
Accident claim and personal injury compensation
specialists. Offering advice Nationwide -
London, Birmingham, Manchester, Leeds,
Newcastle, Nottingham, Bristol, Cardiff and many
more locations.
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