Pedestrian accidents involve a collision between a person and a vehicle, for example where a pedestrian is hit by a car when crossing the road.
Where a pedestrian is hit by a vehicle and suffers injury, they may be able to claim compensation. To bring a successful claim for personal injury, the injured party must be able to prove that their injuries were caused by the negligence of another party i.e., the driver of the vehicle.
Pedestrians are one of the most vulnerable groups of road user, as they are not offered the same protection as drivers in a vehicle. This makes them particularly susceptible to injury.
Reported casualties
According to official statistics published by the Department for Transport, in 2023 6,067 pedestrians were seriously injured and 12,791 were slightly injured because of a pedestrian accident.
Contributing factors
According to the Department for Transport, the three most common contributory factors allocated to drivers are:
- Failing to look properly.
- Carelessness or reckless driving.
- Failing to judge another person’s path or speed.
Other factors include, exceeding the speed limit, poor turn or manoeuvre, loss of control, poor weather conditions, being under the influence of alcohol or drugs etc.
Accidents can also be caused or contributed to by the negligence of the pedestrian. Contributory factors allocated to pedestrians include:
- Failing to look properly.
- Careless and/or reckless behaviour.
- Failing to judge vehicles path or speed.
- Crossing the road by a stationary or parked vehicle.
In cases where a pedestrian is partly to blame for the accident and their injuries, a Defendant may raise a defence of contributory negligence. Where there is a finding of contributory negligence, the claim for compensation will be reduced to reflect the Claimant’s share in responsibility for the accident and injuries.
Time limits
In claims for personal injury, there are strict time limits to bring a claim, this is known as the statutory limitation period. Claimants have three years from the date of the accident to issue a claim at Court. If a claim is issued after the expiry of the limitation period, it will be statute barred.
If a child is injured, the three-year time limit doesn’t start to run until the child’s 18th birthday. This means that if the accident occurred before the child turned 18, they will have until their 21st birthday to issue a claim.
Where to start?
If you have suffered injury as a result of a pedestrian accident, we recommend that you seek legal advice as soon as practicable.
We deal with cases under a Conditional Fee Agreement, also known as a no win no fee.
Our specialist team has vast experience in dealing with accident claims and clinical negligence actions. We believe in using that expertise to ensure we advise and support you in a sympathetic and professional manner, to make pursuing a claim as easy as possible for you and your family. We understand and appreciate the effects of an injury or harm resulting from negligence can be devastating physically, emotionally and financially.
Speak to Lucy Allen by calling 0121 2367388 or by emailing lucy.allen@mfgsolicitors.com.
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