Not all pedestrian accidents are public liability issues, such as pavement accident injury related. Many related to accidents involving road users. If you have been involved in an accident as a pedestrian, it is possible that your injuries are serious or even life threatening due to the fact that you are particularly vulnerable as a road user in comparison to most other vehicles on the road. This type of accident can be life changing, or at the very least be very disruptive to your life.
The accident may have involved your child, in which case you will have lots of questions about whether you are able to make a claim for compensation on their behalf and how the claims process differs from that of an adult.
If you were knocked over in the accident you will be concerned about your financial future, particularly if your injuries are serious, which means a long recovery and a difficult long term prognosis.
We do understand how difficult it is for you to come to terms with your accident and injuries, and that no amount of money will make your injuries better, however a compensation claim will allow you to focus on your recovery rather than worrying about the financial implications of your accident.
You may be worried about how much a claim will cost, how long it will take and whether it will be a time consuming and inconvenient process, but we can put your mind at ease and talk you through all your questions and queries so you feel comfortable with us and the whole claims process.
The Highway Code gives guidance on how to safely use the roads and pavements as a pedestrian and in addition, gives clear guidance at sections 204 to 210 about vulnerable road users, such as pedestrians, cyclists, motorcyclists and horse riders. It also outlines the responsibility of other road users to be aware of pedestrians, including children at all times and to drive at a speed appropriate to the situation.
People driving in a motor vehicles should allow for more vulnerable pedestrians such as children, the elderly, people with disabilities or who are visually or hearing impaired or deaf/blind. These more vulnerable pedestrians may find it more difficult to judge the speed of a vehicle and step out in to the road.
If you have been hurt in a pedestrian accident, the other side may allege that the accident was partly your fault by saying that you stepped into the road, for example. This is called contributory negligence. This does not stop you making a claim though and it is possible to avoid any kind of deduction from your compensation, but this very much depends on the circumstances of your accident.
If you are an adult, you will have 3 years from the date of the incident to make pedestrian accident claims, however there are some circumstances where this will be different. It is therefore important to check with us as soon after your accident as possible. This will ensure that your claim is not time barred.
In the case of a child’s pedestrian accident, you are able to make pedestrian accident claims on their behalf anytime from the date of the accident up until their 18th birthday. After this time, your child has 3 years from the date of their 18th birthday to make a claim for themselves.
Although this is the general guidance on pedestrian accidents claims, you should always double check with a solicitor, who can take steps to protect your right to claim if the time limit is nearly up.
You should remember the legal process can be slow, especially where there are insurance companies involved and where compensation has to be paid. We will do all we can to speed your claim up, but ultimately, this may be out of our hands. We aim to give you regular updates about where your claim is at and your solicitor will always be available by email or by phone to answer any questions you have.
If you would like more information about making a pedestrian accident claim, please call us on 0800 056 0346 or 0208 520 4555 if you are using a mobile and one of our team will be happy to help.
Romain Coleman – Pedestrian Accident Claims Solicitors in London