Can I claim compensation as a pedestrian in a road traffic accident?

Road traffic crashes result from a combination of factors including the road layout, the vehicles, the road users and the way they interact.

Research has been conducted considering the main causes of pedestrian fatalities and the safety effects of road measures (traffic lights, roundabouts, and refuge islands) at pedestrian crossings before and after implementation. The results indicate that there is strong evidence for the positive effect of such measures especially on the number of pedestrian-related accidents.

Research has also shown that cars behave most irregularly at crossings without a refuse island. Car drivers drive more appropriately when more safety features are present such as flashing yellow lights, traffic lights, and refuge islands.

Other causes for pedestrian-related accidents include cars turning around inappropriately, pedestrians “darting out”, distracted driving, drink driving, and blind spots.

It appears more work needs to be done to ensure the safety of our pedestrians on the roads.

Can I claim compensation as a pedestrian?

It is important to remember that every type of pedestrian traffic accident case is different.
The following factors can determine the value and who is liable for a pedestrian accident:

  • The environment and road conditions
  • Where the pedestrian was at the time of the accident
  • The driver
  • The driver’s vehicle
  • The pedestrians injuries
  • Insurance  

What can I get compensation for?

Browell Smith & Co Solicitors’ specialist road traffic accident team understands your problems and can help you recover compensation for the following:

  • Recovery from injuries
  • Loss of a vehicle
  • Time off work
  • Travel inconvenience 

As well as recovering compensation, where an individual suffers serious or life-changing injuries our specialist teams can look to recover the costs of specialist rehabilitation programmes, private medical treatments, and aids and adaptations where required. Our expert solicitors work with specially selected experts in the field of rehabilitation who will guide you through the process and discuss which options are available to you.

How long do I have to make a road traffic accident claim?

As with all claims for personal injury compensation, there are time limits within which a road traffic-related accident must be pursued. For the majority of road traffic-related accidents court proceedings must be started within three years from the date of the accident. In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time. The following exceptions apply:

  • Children- personal injury claims involving a child can be made at any point before your child turns 18. On your child’s 18th birthday the three year rule comes into effect, so a claim needs to be started before they turn 21.
  • Mental Capacity- if a person lacks the capacity to make a claim themselves, there is no time limit for making a claim.

Speak to our personal injury solicitors today!

Being injured as a result of someone else’s negligence is a serious matter and is a complex area of law. It can have huge implications for you and your family so it is always best to take specialist advice. Our legal experts have a wealth of experience in handling personal injury cases and are always happy to discuss matters with you. Contact our expert team today to arrange a free initial telephone consultation.

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