Is it possible to claim compensation for a pedestrian knocked down by a car while crossing a road? I was not using a designated crossing, but I thought I had plenty of time to make it to the other side.
Claims for compensation for a pedestrian knocked down by a car can be made against the insurance policy of the driver who caused the accident and injury. Claims for pedestrian injuries will not be possible however your injury was primarily your own fault.
When a pedestrian steps out into the road without checking for traffic, drivers are given very little warning to enable them to take evasive action. Even if they are driving under the designated speed limit it may be impossible for them to stop in time and avoid an accident. In situations such as this, claims for pedestrian injuries are not possible as the accident will have primarily been caused by the accident victim.
In your case, since you were not crossing the road at a designated pedestrian crossing you must be able to establish that a ‘reasonably attentive’ driver should had seen you crossing the road and been able to brake safely and stop in time to avoid hitting you. Road conditions can affect stopping distances, and these would need to be given full consideration when determining whether the driver was liable for the accident. If the driver should have noticed you and been able to stop in time or otherwise take action to avoid hitting you, it should be possible to make a claim.
Even if the driver has been negligent, it is likely that the driver’s insurance company will attempt to reduce liability for damages since you were not using a designated pedestrian crossing. If the defence can successfully prove that your ‘contributory negligence’ played a part in the accident, any award of pedestrian accident compensation you are entitled to receive will be reduced by the proportion which it is established that you were to blame.
As with any road traffic accident that involves an injury being sustained, a police report should have been made and the contact details of any eye-witnesses should have been recorded. If your injury did not warrant calling an ambulance, you should still have gone to hospital to have your injuries checked by a doctor. Medical and police reports will be used to substantiate your pedestrian injury claim along with witness statements.
Due to the fact that your pedestrian injury claim is likely to be contested by the defence due to contributory negligence, it is vital that you seek legal advice about claiming compensation for a pedestrian knocked down by a car. A solicitor will help to establish that the driver of the car was primarily responsible for the accident, and will assist you with collecting evidence of negligence.
You should speak with a solicitor as soon as possible to confirm whether you are eligible to make a claim, to receive an assessment of your case and to find out how much pedestrian accident compensation you may be entitled to recover.