What can I do if I was hit by a car as a pedestrian?
We have seen a surge in claims for pedestrians involved in road traffic accidents, and prior to approaching us many of these victims were unsure of their legal position. Specialist in road accident cases, Emma Donnovan, looks at the question, “What can I do if I was hit by a car as a pedestrian?”
Common causes of pedestrian accidents
Negligent Drivers:
- Failure to give the right of way.
- Distracted driving (e.g. texting, talking on the phone).
- Speeding or ‘reckless’ driving.
- Running red lights or stop signs.
Poor Road Conditions:
- Lack of pedestrian crossings.
- Inadequate lighting.
Weather Conditions:
- Rain.
- Snow.
- Ice.
- Excessive sun.
The nuts and bolts of a personal injury claim
Duty of Care:
All drivers have a duty to exercise reasonable care to avoid causing harm to pedestrians, under section 3 of the Road Traffic Act 1988. The Highway Code was updated in 2022, imposing higher standards on road users, which you can read about here.
Breach of Duty:
If a driver fails to uphold their duty of care, it may constitute a breach of duty.
Causation:
There must be a direct link between the driver’s breach of duty and your injuries.
Compensation:
You can recover your out of pocket expenses, such as medical costs and lost wages, as well as compensation for your injuries.
Action that needs to be taken after an accident
Seek Medical Attention:
Prioritize your health and well-being. Document your injuries and follow the prescribed treatment plan.
It is important to follow the advice and treatment provided by your doctor, as your compensation could be reduced if you don’t.
Gather Evidence:
Collect information at the accident scene (photographs, witness details, etc.).
Obtain the driver’s information and insurance details.
Report the Accident to the Police:
Report the incident to the police, as this can ensure that your version of events is accurately recorded.
Preserve Evidence:
Keep records of medical bills, treatment plans, and any related expenses.
Preserve damaged clothing or other personal items.
Consult Slee Blackwell Solicitors:
Our expert team is always available to offer people guidance on bringing a compensation claim. Our lawyers are happy to talk free of charge and without obligation.
We work on a No Win, No Fee basis so you should never let worries about legal costs put you off making a claim. Our lawyers will be able to use their experience and expertise to quickly assess your case and tell you whether you are eligible to claim compensation.
So, for further guidance on, “What can I do if I was hit by a car as a pedestrian?” call our free legal helpline on 0333 888 0408 or email us at info@sbclaims.co.uk
