I was hit by a car on a pedestrian crossing. I took the drivers contact details but he said the accident was not his fault as it was at night and I was wearing dark clothing. Is this likely to affect my claim?
The fact that you were wearing dark clothing at night would no doubt have made it more difficult for the driver to see you, but if you were hit by a car on a pedestrian crossing the law is on your side. It is unlikely that the driver who hit you would be able to successfully defend your claim for an injury to a pedestrian on those grounds.
It is not unusual for a driver who has been involved in an accident to initially deny liability. A driver may even feel that the accident was unavoidable under the circumstances, but this does not mean that they are not responsible and have not been negligent.
Drivers should pay particular attention when approaching pedestrian crossings and must take care to look for pedestrians who are approaching the crossing. At night, or when visibility is low, speeds should be reduced to ensure that a vehicle can be stopped safely if necessary. It is probable that the driver was not particularly vigilant and, by the time you were seen, it was too late to stop the car in time. If this was the case, it would be negligence on the part of the driver and a claim would be possible.
At night pedestrian crossings should be well illuminated making it easy for drivers to see pedestrians crossing the street. If the lighting at the crossing was not functioning, it is conceivable that liability in your claim for an injury to a pedestrian may be shared between the driver of the vehicle and the local authority.
Only if you stepped out into the street without checking for approaching vehicles is this likely to affect your claim. Drivers must be attentive, but pedestrians should not automatically assume that approaching vehicles will stop at the crossing and must take responsibility for their own personal safety.
You should certainly seek legal advice from a personal injury solicitor about claiming compensation for accident on a pedestrian crossing. Since the driver has already indicated that he does not believe he was at fault, liability is likely to be denied when he receives the claims letter. The assistance of a personal injury solicitor will help you to build a strong case for compensation for being hit by a car on a pedestrian crossing and this will increase the probability of liability being accepted by the driver and his insurance company.
If liability is accepted, it should be possible for your solicitor to negotiate a settlement with the driver’s insurance company and compensation for accident on a pedestrian crossing should be recoverable without having to take the claim to the courts to decide.