Making a pedestrian accident claim ensures injured individuals are compensated by proving negligence, gathering evidence, and seeking expert legal advice. Claimants can secure justice under UK law through fair compensation for damages and losses, supported by claims experts using “no win, no fee” agreements to ensure accessibility for all.
Key Takeaways
- Pedestrian accident claims involve proving negligence by establishing a duty of care, its breach, and the resulting injury.
- Essential evidence includes witness statements, photos, medical reports, and police records to strengthen and validate personal injury claims.
- Claim experts specialising in personal injury provide expertise, often on a “no win, no fee” basis, ensuring access to justice for all.
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Making Pedestrian Accident Claims
What Does Duty Of Care Mean For Road Users?
My Child Was Hit By A Car, Can I Claim On Their Behalf?
Do I Need Evidence To Make A Successful Claim?
How Much Compensation In Pedestrian Accident Claims?
Are Making Pedestrian Accident Claims Expensive?
Why Should I Claim With Fentons?
Helpful Links On Pedestrian Accident Claims
Making Pedestrian Accident Claims
The highways and byways of our nation are scenes of bustling activity, where pedestrians and motorists alike converge in a tapestry of daily life. However, accidents do occur, and when they do, the law provides recourse for those injured. Making a pedestrian accident claim ensures that justice is served and the injured party is compensated for the harm suffered.
Under the English common law tradition, individuals who suffer injury due to another’s negligence are entitled to seek recompense. For pedestrians, this process begins with establishing liability—that is, proving that the motorist or other party owed a duty of care, breached that duty, and caused injury as a result.
Whether one is struck while crossing a zebra crossing, hit by a speeding vehicle on a residential street, or injured due to defective road conditions, the law seeks to uphold the principle of fairness and protect the rights of the vulnerable.
In making a personal accident claim, it is paramount to gather evidence that substantiates the circumstances of the incident. Eyewitness accounts, photographic evidence of the scene, and medical records serve as vital components in presenting a compelling case.
Moreover, engaging with a legal expert well-versed in personal injury claims ensures that one’s case is handled with due care and expertise. By taking swift action and relying on professional guidance, claimants can navigate the complexities of the legal process with greater assurance and achieve a resolution that is just and equitable.
What Does Duty Of Care Mean For Road Users?
The concept of duty of care is central to negligence claims in the UK legal system. Rooted in the seminal case of Donoghue v. Stevenson (1932), it articulates the obligation individuals have to avoid acts or omissions likely to cause harm to others. For road users, this duty takes on special significance, as the potential for harm on our roads is substantial.
Drivers, cyclists, and pedestrians all owe a duty of care to one another. For motorists, this includes adhering to traffic laws, driving at an appropriate speed, and remaining vigilant. For pedestrians, it entails using designated crossings and exercising reasonable caution when navigating busy roads.
When a motorist breaches this duty—for instance, by failing to give way at a pedestrian crossing or driving under the influence of alcohol—and an injury ensues, they may be held liable. The courts apply an objective standard of reasonableness in assessing whether the duty of care has been met.
A prudent road user, as Lord Atkin might suggest, would foresee the likelihood of harm and act to mitigate it. This approach ensures that fairness remains at the heart of adjudicating claims and that culpability is determined on a case-by-case basis.
My Child Was Hit By A Car, Can I Claim On Their Behalf?
The law in England and Wales recognises that minors lack the legal capacity to bring claims in their own name. Thus, parents or guardians may act as a “litigation friend” to pursue a claim on behalf of a child. This is an important mechanism, ensuring that children who suffer injuries are not left without redress due to their tender years.
If your child has been struck by a vehicle, you may be entitled to claim compensation on their behalf. The claim would address not only the pain and suffering experienced by the child but also any financial losses incurred, such as medical expenses or the cost of rehabilitation. The compensation is typically held in trust until the child reaches the age of 18.
Time limits for such claims differ from those for adults. Whereas an adult’s injury claim must usually be brought within three years of the date of the accident, a child’s time limit extends until their 21st birthday.
However, it is advisable to initiate the claim as promptly as possible to preserve evidence and ensure the best possible outcome. Seeking expert legal advice at an early stage can significantly enhance the likelihood of success, as claim specialists can guide families through the nuances of the claims process and advocate for the child’s best interests.
Do I Need Evidence To Make A Successful Claim?
Evidence is the cornerstone of any successful personal injury claim. It is not enough to merely assert that an accident occurred; one must demonstrate how and why it transpired and the extent of the harm suffered as a result.
Key types of evidence include:
- Witness statements: Testimonies from those who observed the accident can corroborate your account of events.
- Photographs and video footage: Images of the accident scene, the involved vehicle, and any visible injuries can be instrumental.
- Medical reports: A detailed account from a healthcare professional outlining the nature and severity of your injuries is indispensable.
- Police reports: If the incident was reported to the police, their records can provide an authoritative account of the circumstances.
Additionally, maintaining a record of expenses incurred as a result of the accident—such as travel costs to medical appointments or the cost of mobility aids—can strengthen your claim. It is essential to engage a legal expert early in the process to ensure that all relevant evidence is preserved and properly presented. A proactive approach not only fortifies your case but also minimises delays that may arise from incomplete documentation.
How Much Compensation In Pedestrian Accident Claims?
Compensation in pedestrian accident claims is calculated based on the principle of restitution—seeking to place the injured party in the position they would have been in had the accident not occurred. This includes both general damages, for pain and suffering, and special damages, for financial losses and expenses.
General damages are assessed by reference to the Judicial College Guidelines, which provide indicative awards for various types of injuries. For instance, a fractured leg might attract compensation in the range of £10,000 to £30,000, depending on its severity and long-term impact. Severe brain injuries, by contrast, may lead to awards exceeding £200,000.
Special damages cover quantifiable losses, such as:
- Medical expenses, including private treatment and rehabilitation
- Loss of earnings due to time off work
- Travel costs related to medical appointments
- Costs of home adaptations or mobility aids
| Injury | Severity | Description | Compensation |
|---|---|---|---|
| Chest | (c) | Injury to the chest and lung(s) resulting in ongoing impairment. | £38,210 to £66,920 |
| Damage to Teeth | Severe, long-term dental pain (such as that caused by an untreated abscess) persisting for several years, accompanied by substantial overall decline in dental health. | Up to £46,540 | |
| Significant Scarring (Face) | Cases where the most severe effects have been or are expected to be alleviated through plastic surgery, resulting in some remaining cosmetic impairment. Psychological impact is either minimal or, while initially significant, has lessened to a relatively minor level. This includes instances where scarring is noticeable at conversational distance. | £11,120 to £36,720 | |
| Back | Minor (i) | Cases where full recovery or recovery to a minor inconvenience occurs naturally, without surgery, within approximately two to five years. This category also encompasses shorter-term acceleration and/or exacerbation injuries lasting typically between two and five years. | £9,630 to £15,260 |
| Knee | Severe (ii) | A leg fracture involving the knee joint, resulting in persistent pain, permanent movement restrictions, reduced agility, and an increased likelihood of developing osteoarthritis and requiring arthroplasty. | £63,610 to £85,100 |
Each case is unique, and the final compensation amount will depend on the specific circumstances of the injury and its consequences. It is also worth noting that compensation can reflect long-term impacts, such as a reduced earning capacity or the need for ongoing care, ensuring that the claimant’s future needs are adequately addressed.
Are Making Pedestrian Accident Claims Expensive?
Concerns about costs should not deter one from seeking justice. Most pedestrian accident claims are pursued under a conditional fee arrangement (CFA), commonly known as a “no win, no fee” agreement. Under this arrangement, you will only pay your legal fees if your claim is successful, and these fees are typically deducted from the compensation awarded.
Moreover, after-the-event (ATE) insurance can be arranged to cover any legal costs in the event the claim is unsuccessful. This ensures that claimants are not left financially burdened by pursuing their rights. Claim management companies will typically discuss the costs and funding arrangements at the outset, providing transparency and peace of mind. By removing financial barriers, CFAs ensure that access to justice remains an attainable goal for all, irrespective of one’s financial means.
Why Should I Claim With Fentons?
Fentons has long been a beacon of excellence in personal injury law, renowned for its commitment to securing justice for those injured through no fault of their own. Choosing Fentons to represent you in a pedestrian accident claim ensures that your case is handled with the utmost diligence and expertise.
- Our team boasts years of experience in handling pedestrian accident claims, ensuring that no detail is overlooked.
- We understand the physical and emotional toll that accidents take and are committed to supporting you throughout the process.
- With a history of securing substantial settlements for our clients, we are confident in our ability to achieve the best possible outcome for you.
- Our commitment to accessibility means that you can pursue your claim without financial risk.
In conclusion, pedestrian accident claims are a vital mechanism for ensuring that those injured on our roads are adequately compensated. Whether you were injured in an accident at a zebra crossing, pursuing a traffic accident claim, or making a car accident claim, the legal system offers a path to justice.
By understanding the legal framework and engaging a trusted provider such as Fentons, you can navigate the process with confidence and secure the justice you deserve. Let the principles of fairness and equity—hallmarks of our legal system—prevail in your time of need. If you are ready to start your claim contact us today.
Helpful Links On Pedestrian Accident Claims
UK Police – How to report a road traffic accident
UK Government – Information on using a litigation friend
Brake UK – Collision and casualty statistics.
