Pedestrian Compensation – how easy is it and how much will you get?
In 2014 alone, 751 Pedestrians were injured in a Road Traffic Collision in the UK, with a further 7 fatalities.
As a Personal Injury firm that specialise in Road Traffic Collisions, we are all too familiar with the ghastly injuries these victims can suffer.
Whilst pedestrians do owe a responsibility to other road users, cases have historically shown that a Pedestrian will, more likely than not, receive at least an apportionment of their compensation, regardless of the accident circumstances.
This can be illustrated in the following circumstances and likely outcomes:
- Red Light: The Driver of the vehicle is generally found to be fully at fault;
- Green Light: Both the Driver of the vehicle and the pedestrian are likely to be equally at fault, assuming the Pedestrian hasn’t stepped out without looking.
- The Driver is usually found entirely at fault.
Not using crossings:
- Pedestrians are likely to be found partially responsible but can still possibly receive a percentage of their compensation.
Cases in which Pedestrians have a less likely chance of recovering any compensation:
- If the Pedestrian was under the influence of alcohol and acting unreasonably due to this;
- If an adult Pedestrian runs into the road without looking for oncoming traffic;
- HOWEVER, if the speed at which the car is being driven is deemed to be excessive, the driver is still likely to be found partially responsible for the accident, meaning the Pedestrian will receive some compensation. Oakwood Solicitors have won claims from pedestrians that were influence of alcohol, and were hit by a vehicle after staggering into the road.
Many people are unaware that a child owes a lesser duty to road users because of their age.
A classic example of such a case can be demonstrated in a case where a child is playing in the street and runs into the road without looking for oncoming traffic. It can often be established that the Driver of the vehicle was somewhat at fault for the accident if they failed to slow down in an area where children are often playing.
Pedestrian Case Law:
The following few cases demonstrate how the Courts often sympathies with Pedestrian victims:
- A v K: The Pedestrian attempted to cross the carriageway and was struck by a coach. The Court found that the Driver of the coach was 40% responsible for the accident as visibility was clear and he therefore should have slowed down.
- G v C: The Pedestrian was crossing a slip-road when she was hit by a motorcycle. The Pedestrian had not looked before stepping into the road. The Driver was found to be two-thirds responsible for the accident as he had not kept a proper lookout.
- B v P: The Pedestrian attempted to cross a dual-carriageway. The Driver was found to be two-thirds responsible as he did not ease off the accelerator in anticipation of a Pedestrian.
These cases can often be used to persuade Insurance Companies to deal with claims that they would have otherwise refused to deal with.
This case law also supports the argument that it is easier for a Pedestrian to prove their claim. In turn, this means that the Pedestrian will usually recover at least some, if not all, of the damages they are entitled to.
How much compensation will I receive?
The value of your claim entirely depends on the injuries you suffer and how long they last. Here’s just a rough guide to some of the injuries we are aware you may suffer from as a Pedestrian involved in a Road Traffic Collision and how much they’re worth:
- Fractured Leg: £9,000 upwards
- Fractured Arm: £5,500 upwards
- Soft tissue injury to back: Between £2050 and £10,450
- Scarring: Between £1,980 and 19,000
The value of each claim will change on a case-by-case basis with various factors being considered. Contact us for a more detailed valuation.
If you were a Pedestrian involved in an accident and wish to enquire as to whether you are entitled to compensation, please contact our friendly team on 0844 499 9302 or complete the form opposite and we will get in touch with you.
For more information please visit our Pedestrian Compensation Claims page.