Pedestrian Injury Claims What to do after an accident and how to claim

Pedestrian Injury Claims: What to do after an accident and how to claim

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Pedestrians are the most vulnerable road users. If you have been hit by a car, van, bus, motorcycle or cyclist, you may be able to claim compensation if someone else was at fault.

Common causes of pedestrian accidents

Pedestrian accidents can happen in many different situations, including on busy roads, at junctions, near schools, in car parks and at pedestrian crossings.

Common causes of pedestrian accidents include:

  • Drivers failing to stop at pedestrian crossings
  • Vehicles turning into pedestrians at junctions
  • Speeding or careless driving
  • Drivers failing to check blind spots
  • Poor visibility

Your legal rights following a pedestrian accident

All road users have a duty to take reasonable care for the safety of others. This includes drivers, motorcyclists, cyclists and operators of public transport vehicles.

If a pedestrian is injured because another road user acted negligently, they may be entitled to seek compensation. This could include accidents caused by careless driving, failing to give way, driving too fast for the conditions or failing to keep a proper lookout.

Pedestrian accident claims can involve serious injuries, particularly where the collision involves a vehicle travelling at speed. Even lower speed collisions can cause painful and disruptive injuries, especially where a person is knocked to the ground.

Are drivers always responsible for pedestrian accidents?

Liability for a road traffic accident depends on who caused the accident.

In many pedestrian accident claims, the driver or road user who struck the pedestrian may be responsible. However, this is not automatic. Each case depends on the evidence.

There may also be situations where liability is shared. For example, if a pedestrian stepped into the road without checking properly, but the driver was also travelling too fast or not paying sufficient attention, both parties may be considered partly responsible.

This is known as contributory negligence. You may still be able to claim compensation even if you were partly at fault, but any compensation awarded could be reduced to reflect your share of responsibility.

You can learn more about shared liability by reading: Contributory Negligence: Can I still claim if an accident was my fault?

Claiming compensation after a pedestrian accident in Teesside and North Yorkshire

If you were injured as a pedestrian because of someone else’s negligence, you may have the right to seek compensation.

A pedestrian accident claim may include compensation for:

  • Pain and suffering
  • Loss of earnings
  • Medical treatment
  • Rehabilitation
  • Any other relevant losses linked to the accident

Some pedestrian accident claims involve relatively minor injuries, such as cuts, bruising, sprains or soft tissue damage. Others involve more serious injuries, including fractures, head injuries, spinal injuries or life changing trauma.

What if the driver was uninsured or left the scene?

Some pedestrians are injured by drivers who are uninsured or who leave the scene of the accident.

This can be worrying, particularly if you do not know who hit you or how a claim could be made. However, you may still have options. Claims involving uninsured or untraced drivers can often be pursued through the Motor Insurers’ Bureau.

If you were injured in a hit and run accident, or you later discovered that the driver who hit you was uninsured, it is important to seek advice as soon as possible.

You can learn more by visiting: Uninsured or untraced (hit & run) driver claims

Beware of third-party capture after a pedestrian accident

After a pedestrian accident, you may be contacted by the driver’s insurer with an offer of compensation.

This practice is known as third party capture. It can happen where an insurer contacts an injured person directly before they have received independent legal advice.

An early offer may appear convenient, especially if you want the matter resolved quickly. However, it may not properly reflect the full extent of your injuries, financial losses or future needs.

Before accepting any offer or deciding whether to make a claim, it is important to seek independent legal advice.

You can learn more by reading: Beware of third party capture in England and Wales

We are Middlesbrough and Redcar based pedestrian accident claims solicitors

Askews Solicitors is a firm of personal injury solicitors with offices in Middlesbrough and Redcar. We assist injured pedestrians across Teesside, North Yorkshire and the rest of England and Wales.

If you have been injured as a pedestrian, our team can explain your options, guide you through the claims process and help you seek the compensation you deserve.

Contact Us to arrange a free no commitment initial consultation or visit Pedestrian Accident Claims to learn more about our services.

This content is for informational purposes and is not intended as advice of any kind.