If a pedestrian is injured as a result of road traffic accident, they do potentially have the right to make a personal injury claim. Accidents can occur where drivers fail to stop at pedestrian crossings or fail to notice a pedestrian crossing the road or drive partly onto the pavement to park. Usually drivers will react by claiming the pedestrian stepped out without looking.
However, the law places the onus on the driver to look out for pedestrians and anticipate their movements. The Highway Code states pedestrians have the right of way when crossing the road. This is because children cannot be expected to be able to calculate the speed of vehicles and hence whether it’s safe to cross. So drivers should take particular care when passing schools around school opening and closing times. People with mobility problems need more time to cross the road, probably more time than a pelican crossing will give them. If pedestrians are present, it is the driver who should slow down and take care, even if that means going slower than the speed limit.
If you are pedestrian and injured in a road traffic accident, try to:-
Similarly if the driver is uninsured, it is still possible to make a personal injury claim with the Motor Insurers Bureau.
If you are partly to blame for the accident, known as contributory negligence, your claim may be reduced by the amount you are considered to have contributed towards the accident. However, it is more likely that the driver of the vehicle that caused the accident will be found more to blame.
If you or your child were injured in a road traffic accident caused by another driver, please contact Mikhaila Grant on 0116 212 1000 now or complete one of the on-line forms.
However, the law places the onus on the driver to look out for pedestrians and anticipate their movements. The Highway Code states pedestrians have the right of way when crossing the road. This is because children cannot be expected to be able to calculate the speed of vehicles and hence whether it’s safe to cross. So drivers should take particular care when passing schools around school opening and closing times. People with mobility problems need more time to cross the road, probably more time than a pelican crossing will give them. If pedestrians are present, it is the driver who should slow down and take care, even if that means going slower than the speed limit.
If you are pedestrian and injured in a road traffic accident, try to:-
- Note the registration number of the vehicle that caused the accident;
- Do not admit you were at fault even if you do think you stepped out in front of the vehicle or your child ran out into the road;
- If you have a mobile phone with you, take photos;
- As soon as possible after the accident, draw a sketch of the area showing the pavement, the road, the path of the vehicle and where the accident took place;
- If you can, take details of any witnesses;
- Obtain legal advice.
Similarly if the driver is uninsured, it is still possible to make a personal injury claim with the Motor Insurers Bureau.
If you are partly to blame for the accident, known as contributory negligence, your claim may be reduced by the amount you are considered to have contributed towards the accident. However, it is more likely that the driver of the vehicle that caused the accident will be found more to blame.
If you or your child were injured in a road traffic accident caused by another driver, please contact Mikhaila Grant on 0116 212 1000 now or complete one of the on-line forms.
