Pedestrians injured by motor vehicles

Every year hundreds of pedestrians are knocked down by motor vehicles and killed or injured on our roads. In 2002 over 35,000 people were killed or injured in this way. The fact that a pedestrian may have been partly to blame is routinely alleged by those defending pedestrian claims. This can present difficulties since independent witnesses can be hard to trace.

Often the road layout is altered or disrepair mended after the accident, so it is vital to record these as soon as possible. This is why it is necessary to consult an experienced injury lawyer as soon as possible. Our personal injury solicitors have many years experience in handling these difficult claims. Remember your right to compensation remains even if you or your child might have been partly to blame for the accident.

If you think you may have a case for compensation contact us and seek specialist advice from one of our road traffic accident lawyers. You can either fill out our online enquiry form, request a call back or call us direct on 0800 915 4650.

There are a number of common reasons why these pedestrian accidents occur. In some cases, it can be the fault of the pedestrian - for instance, a child who runs out right in front of a car may not give the driver sufficient time to stop. However, if the vehicle was speeding then it is likely the driver will be held wholly or partly to blame. A driver can still be held responsible even if the pedestrian walked or run out in front of the vehicle.

In the vast majority of cases however, it is usually not the fault of the pedestrian at all but is due to the driver's negligence. Such negligence can include:

• Reckless driving, such as with 'joy riders'
• The driver being distracted or not paying proper attention
• The driver driving too fast for the conditions and or not adhering to the speed limit set on that particular road
• The driver failing to stop at pedestrian crossing and in other pedestrian right of way areas
• A driver failing to pay and attention while driving the vehicle
• A driver being over the legal alcohol limit or has under the influence of drugs
• Driver fatigue and falling asleep at the wheel

This kind of claim is made against the driver and their insurer. These accidents represent over 13% of all road accident casualties. According to government statistics 671 pedestrians were killed in 2004, sadly many of these were children. Head injury and serious fractures are common in such accidents. At Bond Pearce our personal injury solicitors recognise that compensation is but one part of the process and we are able to arrange early rehabilitation such as counselling, psychiatric and medical treatment and care as appropriate.

Although pedestrians owe a duty to take reasonable care for their own safety, accidents happen and in many cases the pedestrian is not at fault in any way. Where a pedestrian is partly to blame and contributed to the accident this is known as contributory negligence. In these circumstances the blame is divided and a claim can still be brought. It is always worth seeking legal advice.

A pedestrian accident can result in a wide range of injuries, ranging from the relatively minor and to the catastrophic. Typical pedestrian accidents result in injuries such as:

• Fractures to arms and legs
• Permanent disability
• Disfigurement
• Limb loss and amputation
• Mental distress and damage such as post traumatic stress disorder
• Temporary incapacitation
• Head injuries
• Brain injuries and damage
• Spinal injuries
• Death

If you or a loved one has been injured by a motor vehicle it is important to seek legal advice from an experienced lawyer practicing in this area, as soon as possible following the accident. Your solicitor will need time to obtain witness statements, photographs and other evidence to help your case as quickly as possible. Sometimes it is necessary to instruct an accident reconstruction expert. The earlier you contact a solicitor, the more likely you are to succeed in your claim for compensation.

Where the driver was uninsured

In recent years, an increasingly large number of road users drive without any motor insurance cover; this is a criminal offence. Such drivers often fail to stop after hitting a pedestrian. Whilst it is possible to claim compensation from the Motor Insurance Bureau, such claims are fraught with technical difficulties. Here again Bond Pearce are able to help recover compensation.

Pedestrians stepping out

All road users owe a common law duty of care to other road users and this rule applies to pedestrians equally as to drivers. A driver is unlikely to be found liable if, when driving at a reasonable speed and manner, a pedestrian suddenly steps out into the path of the vehicle without warning. Indeed, that pedestrian could be responsible for any loss and damage suffered by that driver and any third party injured as a result.

However it is usually the pedestrian who suffers the injury. These cases are often very severe. Blame can be divided where someone is partly responsible for the accident, so even if you feel you might be partly to blame it is always worth seeking legal advice.

It is rare that a pedestrian will be held to be more responsible than a driver unless that pedestrian suddenly moves into the path of an oncoming vehicle without warning. The courts consistently place a high burden of care on drivers to reflect the fact that a car is potentially a dangerous weapon. Car drivers must look out for and anticipate pedestrians in the road.

Children, a special case

Factors that put children in a special category:

Although the basic rule setting a minimum age below which a child cannot not be held responsible, age is nevertheless a crucially important factor.

Children are more likely to be injured in a running down accident for several reasons:

• They are smaller and this makes them difficult for drivers to see, especially if they are standing between parked cars on the side of the road.
• Young children are often unable to judge distances and vehicle speeds accurately, they can easily misjudge whether it is safe to cross a street.
• Parents can over-estimate their children's ability to cross the street. Many elementary school-aged children don't understand traffic signals and don't know how to anticipate drivers' actions.
• Drivers and child pedestrians can each mistakenly assume that the other will yield the right-of-way.