Pedestrian Accident Compensation Claims
If you have suffered an injury following an accident as a pedestrian that was caused by somebody else, you may be eligible to make a claim for compensation. Pedestrian accidents are amongst one of the most common cases presented to solicitors in the UK and account for over 20,000 casualties each year.
Accidents involving pedestrians can be caused by a wide variety of circumstances, including driver error, poor maintenance of pathways and faulty traffic systems. Whether you were hit by a vehicle whilst crossing the road, or having been injured while walking on a damaged pavement, you may be eligible to make a claim against the party who was responsible for your accident.
Can I make a claim for my accident?
If you sustained an injury following an accident as a pedestrian and someone else was to blame, it is likely that you are eligible to make a claim for injury compensation. A solicitor will discuss the specific details of your case to assess how likely it is that you will win a claim and will offer you legal advice as to the requirements and processes involved. On your initial free consultation, your solicitor will explain how strong your case is and provide an estimate as to the likely compensation award that you could be entitled to.
How much compensation will I receive for my accident?
The amount of compensation that you are awarded will depend on the specifics of your case. The more severe your injuries are and the greater impact that these have on your day-to-day life, the higher your compensation award is likely to be. The Judicial Studies Board provides guidance on expected compensation levels for various types and severity of injuries, with these guidelines being utilised by solicitors and the courts.
You can also recover financial costs associated with your accident. It is therefore important that your solicitor is presented with a thorough understanding of all losses incurred as a result of your accident. This could include loss of earning from having to take time off work, the cost of medication and rehabilitation treatment or transport costs due your injuries.
What will I need in order to make a successful pedestrian accident claim?
Your solicitor will help you to gather as much information, documentation and evidence as is possible to make a successful claim for compensation following your accident. Evidence will be needed to confirm who was responsible for causing the accident, as well as proof of the injuries and losses you have sustained.
In order to build a strong case, the following information will be of great support to your solicitor:
- Reports from police and any witnesses who were present or arrived at the scene
- Reports from hospitals and any treatment centres along with evidence of any injuries sustained.
- Receipts for any treatment and prescriptions needed.
- Photographs of the scene, highlighting any specifics that display the liability and damage.
- Copies of any documentation received from any relevant party.
Your solicitor will gather the information they need and utilise the information to build the strongest case possible. Working on your behalf, your injury lawyer will always aim to achieve the maximum compensation amount possible.
How much will it cost to make a pedestrian accident claim?
Personal injury lawyers recognise that legal processes can often be costly and this can put victims of accidents off making a claim for the compensation that they rightly deserve. As such, your injury lawyer will work on a no win, no fee basis, meaning that there will be no initial financial outlay required from you and zero risk of losing money in the pursuit of your financial settlement.
Your solicitor will offer their advice, expertise and efforts with no fee unless they achieve a successful outcome. So in other words, if they cannot win your claim, you won’t pay a penny. If your solicitor is successful, they will recover some of their costs from the settlement awarded. You will be advised as to what the fee will be and how and when this will be paid during your free consultation and before you proceed, so there are never any unexpected costs involved.
What are the time limits for making a pedestrian accident claim?
Accident claims for pedestrians must be initiated within three years of the date of the accident. If the claim is not started within this three year time limit, the case will be time-barred under the Limitation Act 1980. Although courts do have the discretion to extend this time limit under section 33 of the Act, it is usually only applied under particularly compelling circumstances.
Although you do have three years, it is wise to begin a claim for compensation at the earliest opportunity following your accident. This will help to ensure that your memory is clear and evidence is more readily accessible. Your solicitor will help you to gather all relevant information, but it is likely to be much easier to do this the closer to the accident date you are.
Almost a third of pedestrian accidents involve children and young people. Children are less likely to have learnt how to cross roads safely and acknowledge potential dangers, which makes them especially vulnerable. For children who are victims of an accident on the road, the time limit of three years for initiating a claim begins from the day the child turns 18 years old. Alternatively, a parent or guardian may opt to commence a claim for compensation prior to this date, with any funds awarded being held in a trust account that can be accessed by the child on their 18th birthday.