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Pedestrian Accident Compensation Claims

If you have received an injury as a pedestrian that was not your fault, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed.

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Home E Personal Injury E Road Traffic Accidents E Pedestrian Accident

What are pedestrian accidents?

Getting hit by a moving vehicle is arguably the most traumatic traffic accident you can experience. Many pedestrians walk on paths daily so the chances of such accidents occurring are sadly very high. If you have suffered any injury in a pedestrian accident, you might wonder if you can file a claim for compensation.

Generally, victims of pedestrian accidents can recover compensation from the party who caused the accident. The settlement aims to return the victim to the state they were in before the occurrence and help them move forward. It also covers the non-financial losses the person suffered, especially to their mental health.

This article will explore the leading causes of pedestrian accidents and the different types of damages available. Claims Bible can help you claim compensation from the party responsible; contact us to learn how.

In this section

› Pedestrian Accident Claims

› What are pedestrian accidents?

› Causes of pedestrian accidents

› Compensation for pedestrian accidents

› Proving negligence in a pedestrian accident

Causes of pedestrian accidents

As a pedestrian, you should exercise caution when on the road to avoid an accident. However, there are many causes of pedestrian accidents, and some are unavoidable. Below are the common reasons pedestrian accidents occur.

Unmarked Crossings

Zebra crossings have saved hundreds of pedestrians’ lives yearly. One of the reasons a zebra crossing is so effective is its visibility. As a result, most motorists are likely to be alert and exercise caution when they see street markings or lights indicating pedestrians’ presence.

However, some pedestrian crossings are unmarked or marked inconspicuously. Even when crossing a road safely, a pedestrian could still end up in the hospital because of unmarked crosswalks or a driver’s inattention.

Left Turns

When a driver turns left, they must navigate the crossing of an opposite traffic lane. This is quite different from turning right, as it is unnecessary. Due to this, their eyes tend to focus on other vehicles rather than pedestrians. In most cases, this could result in a pedestrian accident.
Pedestrians, on their part, need to note when a driver is about to turn left. In such a case, the best bet is to assume they won’t see you and navigate your crossing carefully. Doing this can help you avoid an accident.

Distracted Driving

Distracted driving has resulted in many accidents over the years, primarily as the popularity of hand-held devices increased. In addition, texting while driving external link icon white is illegal in the UK, making it easier for pedestrians to establish the liability of a texting driver. Holding a distracted driver liable for the accident is essential because a texting driver can travel a long distance without glancing at the road.
Mobile phones aren’t the only culprit of distracted driving; eating, loud music, conversations with a passenger, etc., are examples. Jaywalking also causes accidents and makes it difficult to recover compensation.

Weather Conditions

It can be difficult to prove liability when bad weather conditions cause a pedestrian accident. For example, wet or icy roads could increase stopping distances and result in hydroplaning.

Additionally, fog, heavy rain, and snow can significantly reduce a drivers visibility, resulting in pedestrian collisions. A wet roadside could also contribute by resulting in a pedestrian falling into the road or the path of an oncoming vehicle.

Impaired Driving

Drugs, prescription medication, and alcohol can cause a driver’s senses to be impaired, resulting in pedestrian accidents. Drugs can affect a driver’s vision, judgment, and hand-eye coordination. Drivers who operate their vehicles while under the influence of alcohol or drugs are dangerous to everyone on the road.

An impaired driver could drive through traffic lights, against the traffic lights or make a left turn directly into pedestrians. Therefore, pedestrians must be mindful of impaired drivers’ and stick to designated sidewalks and crosswalks.

Impatient Drivers

Pedestrians generally have the right of way. Therefore, if pedestrians don’t see a vehicle coming and start crossing the road, they have the right of way. Unfortunately, some impatient drivers do not watch out for pedestrians or try to drive around them. Such actions could result in pedestrian accidents.

Driver’s Recklessness

Recklessness by a driver is considered one of the leading causes of pedestrian accidents. A driver who doesn’t look out for pedestrians or does not obey traffic laws at crosswalks can be a danger to pedestrians. Recklessness by pedestrians can also result in an accident. Outside pedestrian crosswalks, it is important for pedestrians to yield to drivers.

Road Construction

Road construction can cause many inconveniences and result in pedestrian accidents. This is because pedestrians walk in areas where drivers do not expect them to be. Assigning liability in such cases can be tricky.

Multi Lane/Arterial Roads

Multi lanes cause pedestrian accidents because they make it difficult for motorists to focus on pedestrians crossing the road. While fighting for a lane change opening, navigating other vehicles or dealing with a tailgating motorist, a driver could easily forget to keep an eye on pedestrians. It gets even more complicated when pedestrians need to cross more than two lanes to get across the street.

Poor Visibility

Reduced visibility can be caused by bad road conditions, weather conditions, improper headlight use, misadjusted mirrors, or even a defective headlight. Also, using bright headlights can significantly reduce a driver’s visibility in foggy weather.

Therefore, it’s essential for pedestrians never to assume that a driver can see them. Additionally, note that if you can’t see the vehicle’s mirror, then chances are that they can’t see you either.

Compensation for pedestrian accidents

If you have suffered injuries as a pedestrian, you may qualify to seek compensation from the negligent driver. As such, you can file a pedestrian accident claim to recover compensation based on the damages you suffered.

How much can you recover from a pedestrian accident? It depends on many factors. However, the compensable damages usually include financial losses, emotional hurt or physical pain you had to endure due to the accident.

These three are classified into general and special damages. Below is a breakdown of the compensation available to pedestrian accident victims.

Medical Expenses

Medical expenses usually consist of emergency room care, prescription medication, surgeries and other similar costs. For example, suppose you suffered a severe injury and require long-term treatment. You can also include the cost of future medical expenses in your compensation claim. This covers the costs of your doctor’s appointment, physical therapy and rehabilitation, etc.

 

Loss of Earnings

Pedestrian accidents often lead to severe or fatal injuries. Victims can suffer broken bones, spinal cord injuries as well as head traumas. Such wounds could take weeks, months or even years to heal in some cases, the damage is permanent, and the victim might not be able to return to work.

If you do need to take some time off work to recover, you’re entitled to seek compensation from the at fault driver to cover the loss of earnings. If your injuries have permanently affected your ability to work, you can also include this factor within your claim.

Pain and Suffering

This particular form of damage usually refers to the emotional and physical pain stemming from the accident. However, if you also suffered psychological trauma like post traumatic stress disorder external link icon light blue due to the accident, you could also include it in your claim.

The components of damages usually vary according to the accident. In addition, you might be qualified for other damages; it all depends on the severity of your injury. Our compensation calculator can estimate how much you can receive after a pedestrian accident.

Proving negligence in a pedestrian accident

You must first prove that someone else’s negligence caused your injuries to gain compensation. The law requires that you establish the four elements of negligence. This means establishing that the at-fault party owed you a duty of care, the person breached the duty of care, the breach caused the accident, and you suffered damages.

Solid evidence is essential, as the at-fault party might try to pass the blame to you if you can’t prove your assertions. Therefore, collect evidence from the crash scene and hand it over to your attorney as soon as possible.

    In addition to the above, you must use the following as evidence in your pedestrian accident claim:

    • CCTV footage
    • Medical reports of your injury
    • Photos of your wound and the accident site
    • Details of potential eyewitnesses who can provide a statement
    • The accident report from the police

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