Pedestrian Accident Compensation Claims
A pedestrian accident is a road traffic accident involving a vehicle and a pedestrian. The most common types of pedestrian accidents include drivers driving carelessly, hit and run cases, and drivers going through red lights. Pedestrians are amongst some of the most vulnerable of road users and so have the same level of protection as cyclists and motorcyclists. According to the Government website, Pedestrians represented 14% of all casualties of road traffic accidents in 2019. If you have had an accident as a pedestrian that wasn’t your fault, you may be able to claim compensation .
What causes pedestrian accidents?
Road traffic accidents involving a pedestrian can be the fault of either the driver, the pedestrian, or both.
In cases where the driver is at fault, this is usually down to driver carelessness. Cases of driver carelessness causing accidents include
- driving without paying attention, and
- driving whilst under the influence of drugs or alcohol.
There are certain situations where a pedestrian may be at fault for the accident. These include
- crossing behind a stationary or parked vehicle,
- acting recklessly,
- crossing without looking, and
- wearing dark clothing at night.
Where both the pedestrian and the driver are partly to blame, you may still be able to claim with contributory negligence, or split liability. If this is the case, you will be awarded a percentage of the compensation dependent on the split of the liability.
Road Traffic Accident or Motor Insurance Bureau Claim?
If you are hit by a car as a pedestrian and you did not get the details of the driver, you may still be able to make a claim from the Motor Insurance Bureau. The Motor Insurance Bureau is an organisation that insurance companies pay into in the event of an accident with an uninsured or untraced driver. This would be the case if the driver drove away or they were uninsured, You must report your accident to the police at the time of the accident, or soon afterwards. The Motor Insurance Bureau will then pay the compensation rather than the insurance company.
Claiming on behalf of a child
If your child has been involved in a road traffic accident as a pedestrian, it does not matter that they are under 18, as you can still make a claim on their behalf. Children are the most vulnerable road users, and so it is likely that the driver may be responsible, as they have a duty of care to all pedestrians, particularly children.
You may also have had to take time off work to look after your child. The solicitors we work with can also assist you to claim some compensation for loss of earnings, as well as the compensation for your child’s accident. A child also has longer to claim for an accident; usually, you have three years to make a claim, however, a child would have until they turned 21 to make a claim.
Physical and mental effects of pedestrian accidents
Road traffic accidents can cause serious injuries, especially in the case of pedestrian accidents. This is because pedestrians rarely, if ever, have anything to protect them from a vehicle. Therefore, if you have had an accident, it may affect your mental health as well as your physical health. Road traffic accidents can be a particularly traumatising experience, so we understand that that can affect you mentally. We work with some of the leading solicitors in the country, who are experts in pedestrian accidents. This means they can help you to claim compensation for mental effects and physical effects of the accident.
How we can help
Here at The Compensation Experts, we work with solicitors who deal with pedestrian accidents every day. They are, therefore, extremely well placed to help you get the compensation you deserve. Contact us today and speak to one of our friendly knowledgeable advisors. You can contact us by filling in the contact form, or by calling us on 01614138765