If you have been knocked down whilst walking on a footpath, crossing a road, or on a pedestrian crossing, you may be eligible to pursue a road traffic accident claim.
Pedestrians are one of the most vulnerable road users and the consequences of being hit by a vehicle can lead to serious injuries and in the worst cases even death.
Can I make a claim if I have been knocked over as a pedestrian?
Your entitlement to compensation will depend upon who caused the accident, however establishing who was at fault after an accident involving a pedestrian is not always straightforward. In some road traffic accident claims, it is obvious who is to blame, for example where a pedestrian is run down on a crossing, hit by a speeding car, or hit by a drunk driver.
What are the common causes of pedestrian accidents?
The most common reasons for pedestrian accidents include:
- Failing to look when crossing the road.
- Being careless, reckless and in a hurry when crossing the road.
- A car travelling too fast and hitting a pedestrian whilst crossing the road.
- A HGV, van or bus being too close to a pedestrian when passing.
- Children playing too close to the road.
- A car mounting the pavement.
Can I make a claim if it was partly my fault?
Even in such cases where a pedestrian steps out into the path of a car, you may still be eligible to make a compensation claim.
In these types of road traffic accident claims, pedestrians are frequently made to feel like the accident was their fault, but this is often not the case. This is because motorists are required by law to take all reasonable care to ensure the manner of their driving does not endanger other road users and this includes anticipating that pedestrians, particularly children, may step into the road.
The law recognises that vehicles are potentially dangerous weapons and so it requires that drivers take extra care particularly if they are driving near pedestrians. Even where the main cause of an accident is a pedestrian stepping out into the road without looking, compensation can still be paid where the standard of driving is found to have partly caused or contributed the accident or the severity of the injuries.
How much compensation could I get?
There is no standard amount of compensation that you could receive as a pedestrian injured in a road traffic accident. Personal injury claims are settled based on the individual factors of each case:
- The extent of your injuries.
- Your pain and suffering.
- Loss of earnings.
- Medical expenses such as prescription charges and rehabilitation.
- Travel expenses to and from medical appointments.
- Care costs.
- Mobility aids.
To find out how much your physical injuries could be worth use our claims calculator below:
Is there a time limit to making a claim?
Your claim should be started within three years of the accident happening. The sooner you instruct the help of a solicitor the better. There are however some exceptions to this rule, including:
Children – If children are involved in a road traffic accident the law allows for their parent or guardian to submit a claim on their behalf at any time before their eighteenth birthday. After the child has turned eighteen they can choose to pursue a claim themselves before the age of twenty-one.
Mental Incapacity – If the person involved in a car accident doesn’t have the mental capacity to make a claim themselves, a family member or friend can make a claim on their behalf at any time after the accident has occurred.