Pedestrians are among the most vulnerable road users and are at significant risk of injury when accidents occur. If you’ve been involved in an accident as a pedestrian, you may be wondering if you have the right to claim compensation from the responsible driver. The answer is often yes.
Understanding your rights and the process of claiming compensation are essential to ensure you receive fair recompense for the physical, emotional, and financial impacts of your injury.
When can a pedestrian claim against a driver?
If the driver’s negligence caused the accident, a pedestrian can claim injury compensation. Negligence might include behaviours such as:
- Driving above the speed limit.
- Failing to stop at pedestrian crossings.
- Distracted driving, such as using a mobile phone.
- Driving under the influence of alcohol or drugs.
In these scenarios, the driver’s failure to exercise reasonable care makes them liable for the accident and any resulting injuries.
However, in cases where the pedestrian is partially at fault—for example, crossing without paying attention to traffic—the compensation awarded may be reduced under the concept of “contributory negligence.”
What types of injuries can you claim for?
Pedestrian accidents can lead to a wide range of injuries, from minor to life-altering. Some common injuries include:
- Fractures and broken bones.
- Head injuries, including concussions and traumatic brain injuries.
- Soft tissue injuries, such as sprains and strains.
- Internal injuries or organ damage.
- Psychological injuries, such as anxiety or post-traumatic stress disorder (PTSD).
The compensation you can claim will depend on the severity of your injuries, the impact on your quality of life, and any financial losses incurred as a result.
What compensation can you claim?
Should your claim be successful, you might qualify for compensation in two categories:
- General damages: This covers the pain, suffering, and loss of enjoyment of life caused by your injuries.
- Special damages: This reimburses you for financial losses, including medical expenses, lost earnings, travel costs, and any necessary rehabilitation or care.
Each case is unique, and the total compensation will vary based on individual circumstances.
How to start a claim
If you believe you have grounds for a claim, the first step is to consult a legal professional who specialises in personal injury cases. A solicitor can help you:
- Gather evidence, such as witness statements, photographs, and medical records.
- Prove the driver’s negligence and establish liability.
- Negotiate with the driver’s insurance company or represent you in court if necessary.
The majority of pedestrian injury claims operate on a no-win, no-fee basis, eliminating the need for upfront legal fees.
Time limits for making a claim
In the UK, the time limit for filing a personal injury claim is typically three years from the date of the accident. This period may extend for minors or individuals lacking mental capacity. Acting promptly is crucial to ensure your claim is valid.
Conclusion
Pedestrians injured in road accidents often have a strong case to claim compensation against a negligent driver. Working with a solicitor ensures that you have the best chance of securing the compensation you deserve, helping you recover both financially and emotionally from the impact of your accident. Don’t hesitate to seek legal advice and take the first steps towards justice if you’ve sustained injuries as a pedestrian.