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Pedestrian Accident Claims
Pedestrian Accidents happen every day on UK roads leading to serious injuries and even fatalities. According to a Department for Transport report, in 2016 there were a reported 23,550 pedestrian casualties, with 5,140 being seriously injured and 448 fatalities.
If you or a loved one has been hit by a vehicle as a pedestrian then you’d be well advised to speak with one of our experts to see what compensation you might be entitled to claim.
If a pedestrian has been injured as a result of a road traffic accident, then they can claim compensation for their injuries if it was caused either partly or wholly by the rider or driver of the vehicle involved.
Types of Road Vehicles
The type of road vehicles usually involved in collisions with pedestrians are;
- Taxis (inc Black Cabs)
- HGV’s, Lorries or Trucks
- Buses & Coaches
There are thousands of accidents every year involving pedestrians. Pedestrians and particularly children are the most vulnerable people using the UK’s roads and highways. Pedestrian collisions can result in serious and often life-changing injuries. The danger comes from vehicles on pavements, on the roads, and at crossings and are usually the result of negligent driving. In most cases compensation can be claimed. A negligent driver can be someone who is;
- driving too fast,
- driving under the influence of drink or drugs,
- ignoring traffic lights or other road signs,
- or simply those drivers distracted or not paying attention to the road.
Even if the pedestrian is partly to blame, if any of the aforementioned reasons come into play, the injured pedestrian is eligible to claim compensation for their injuries.
Claiming On Behalf Of Your Child
Children are most at risk of pedestrian accidents and when the days are shorter in the autumn and winter the number and severity of accidents increases. Being involved in a pedestrian accident can cause serious and life-changing injuries and often death.
We are experts in this type of claim and our team of specialist personal injury solicitors are highly skilled, with a minimum of ten years experience in representing clients in pedestrian accidents of all kinds every year. Our experienced team can offer support throughout this traumatic time and help to secure the compensation you deserve following the death of a loved one.
We are on hand waiting for your call if you or a loved one has suffered a pedestrian accident and sustained injuries as a result. Contact us today on 0800 195 95 90 for a free initial consultation about your case.
Our legal team specialises in dealing with accident and personal injury claims only. We have been providing legal services in the UK since 1988 and are accredited through the Association of Personal Injury Lawyers, as well as The Law Society and, are regulated and authorised by the SRA.
What To Do If Hit By A Car As A Pedestrian?
According to a report issued by the Department for Transport in September 2017, pedestrians accounted for some 25% of fatalities on Britain’s roads during 2016, thus representing an increase of some 10% on the previous year.
In the event you find yourself in the unfortunate position of having been hit by a car then it’s imperative to get the very best legal advice at the earliest opportunity. Of course, the more information you can obtain whilst still at the scene, the better. This includes;
- Assuming you are conscious, move out of the road
- Call the Police and Ambulance Services
- Get the drivers details, such as Name, Address and License number
- Vehicle details, such as Reg, Make & Model, Colour & any visible modifications
- The names and contact details of any independent witnesses
- If possible, as much photographic evidence as possible
- Medical reports from your hospital or doctor
- Contact a Specialist Injury Lawyer
Unfortunately, whilst not all drivers accept the responsibility of hitting a pedestrian, this certainly doesn’t mean that you can’t make a claim. The Motor Insurers Bureau handles over 20,000 claims every year against both uninsured and untraced drivers so you should never be deterred from making a claim, particularly if the incident has resulted in any form of personal injury or other associated loss (such as loss of earnings, damaged clothing and so on).
For the very best advice when it comes to pedestrian-related claims, the team here at Smith Jones solicitors are here to help you every step of the way. So, whether you have an abundance of information and evidence for us – or feel you have very little at all – you can rest assured that you’ll have the very best legal team in your corner and that we’ll do everything we can to put things right.
Knocked Over By A Car – Can I Claim?
There are a number of factors that can affect the amount of compensation you can claim including the accident circumstances, the severity of your injuries and the ongoing support and rehabilitation you require. The amount of compensation you could claim is based on a variety of factors including:
- Current and future loss of earnings
- Any medical and travel expenses you have incurred
- Your care and support needs, now and in the future
- Modifications to your home
- Mobility aids
- Your pain and suffering
There is more information on our guide to compensation amounts page or you can call us on 0800 195 95 90. Our consultations are completely free and confidential.
Pedestrian accident claims can be started by anyone wanting compensation for an injury after being hit by a vehicle on the road. If you or a loved one has been hurt or you are representing a loved one who was fatally injured as a pedestrian in a road traffic accident, you can claim. There are 3 years from the date of the accident in which to make your claim. However, there are different limits for claimants who lack mental capacity, are under the age of 18, or if the accident happened abroad.
Hit And Run Compensation
Sadly, many cases involve people who have been injured in a “hit and run” accident. If this happens to you, or someone in your family, do not worry; whilst you cannot identify those responsible you could still be entitled to make a claim. Our road traffic investigations team will try to find those responsible and may refer your claim to the Motor Insurance Bureau (a group set up to help people in this situation by paying compensation when the driver that caused an accident cannot be traced).
Find out more about hit and run claims by calling us now for a free, no-obligation consultation. If, on the other hand, you were able to obtain insurance information from the party at fault then we can liaise with their insurers directly and help you claim back compensation for any injuries you might have sustained, together with any other associated losses such as time off work, prescription charges and so on.
For many of our clients, we can secure an early admission of guilt from those responsible for your injuries. This can lead to you receiving early compensation payments and in many cases does not even go to court. To start a claim or if you are unsure about whether or not you can make a claim, call us today on 0800 195 9590 and we can discuss your options with you.
Can I Sue The Driver?
During your initial consultation with us, we will discuss our No Win No Fee agreement. We will advise you on the various ways of funding your case and tell you which one we think is most suitable for your particular circumstances.
The majority of our cases are funded on a ‘No Win No Fee’ basis. This agreement is also known as a conditional fee agreement, this means there is no financial risk to you in pursuing a claim and you will only be liable for our legal costs should you be successful in your claim.¹³ Our experts are ready to assist you. For more detailed information regarding funding and legal fees, you can speak to a member of our team on 0800 195 9590.
Can I Claim Against A Cyclist?
According to The Telegraph, in a report issued on 7th October 2017, the number of pedestrians either left dead or seriously injured after being hit by a cyclist has doubled in the past decade alone. In 2016, three pedestrians died in such incidents across the UK, with a further 108 sustaining serious injury i.e. more than double the 50 pedestrians who were either killed or seriously injured just a decade earlier.
Hit by a cyclist as a pedestrian
Following a recent campaign by Matt Briggs, whose wife was hit and killed by a cyclist, the Government have now supported an urgent legislative review which has certainly been endorsed by the UK’s leading road safety charity, ‘Brake’. It’s consequently hoped that a new review will now consider whether dangerous cyclists should also face the same consequences as drivers and indeed, whether a new offence should be created for this purpose so as to cover death or serious injury caused by either careless or dangerous driving.
If you’re a pedestrian who’s been hit by a cyclist then why not call our expert team on Freephone 0800 195 95 90 to see how we can help you claim for compensation. We’re waiting for your call
Pedestrian Accident Claim Time Limits
You have 3 years from the date of an accident in which to start a pedestrian accident claim for compensation, or 3 years from the date of turning 18 if the incident happened when you were a child.
The time limits can be shorter if your accident happened outside of the UK. In this instance, it is important to contact us as soon as possible so we can advise you about the different rules. Rules vary for untraced drivers schemes in different countries and it is vital you take specialist legal advice as soon as you possibly can.
Call Smith Jones Solicitors today on freephone 0800 195 95 90 for a free initial consultation. Our friendly team of professionals are on hand if you have any concerns or questions about the time limit for claiming compensation.
It is sometimes possible for claimants to access early compensation payments. These are also known as interim payments and are made in advance of any final settlement. These payments can only be made if your opponent admits that they are responsible for your injuries. Whilst we will endeavour to obtain interim payments wherever possible to ease any unnecessary burden you may face at an already distressing time, these payments are not guaranteed.
Interim payments are designed to be used for immediate recovery items such as specialist medical care or mobility equipment or to replace loss of earnings. This gives you peace of mind that you can afford to pay essential bills if your injury has meant you have been absent from work.
Helping our clients access the rehabilitation they need after an accident is a key part of our service. Your rehabilitation could involve medical treatments such as surgery or physiotherapy. We will also help you access specialist mobility equipment so you can remain as independent as possible following a serious injury.
Pedestrian Accident Compensation Claim Process
All claims involve various stages and we will always keep you fully informed along the way. When you start a pedestrian accident claim with us, we will let you know exactly what we are doing at every stage.
Call us to get your claim underway or for more information about making a pedestrian accident claim. We will discuss your accident and advise whether we think you can claim. If we do think you have a case, your claim will typically follow these four stages:
Stage One: Information Gathering
To start a claim, we will investigate two things: the circumstances of the accident and the extent of your injuries. Your legal representative will initiate your claim following the process for the appropriate track. For claims which are likely to be valued between £1,000 and £25,000 this will be the Ministry of Justice Claims Portal.
We will then instruct our experts to assess you and work with a specialist medical examination team who are experienced in these accident claims. They will review the full extent of your injuries and determine what care you will need both now and in the future. Their report will form the basis of your compensation claim.
Our investigation into the circumstances of your accident will establish who was responsible for your injuries. We are one of the only law firms in the UK with a specialist team of road traffic accident investigation specialists. Our experts include former police accident investigators and an advanced driving instructor, this means we can expedite your claim and in the best way possible. Our lawyers will interview witnesses, review any CCTV footage available and obtain the police reports of your accident.
Stage Two: Rehabilitation
Many claimants require immediate medical care and support and if this is the case we will identify what care you need, both now and in the future. This could involve physiotherapy, surgery, mobility equipment, or modifications to your home. Early rehabilitation is vital and we will work with you to understand what support you need from the beginning of the claim process.
If it is possible to secure early compensation payments to assist with your rehabilitation costs, we will advise you at the beginning of the claim process. Contact us here at Smith Jones today and learn more about how we can help you gain access to rehabilitation support.
Stage Three: Compensation
We will calculate the compensation level for your injuries, losses, and any medical care and support you require both now and in the future. The compensation amount varies with every claim and we will keep you informed of your case details at every stage. Your final compensation amount will either be agreed with your opponent as a settlement, or determined through court proceedings. The majority of cases are settled out of court. However, if you do have to go to court, our team will be there to support you every step of the way.
Stage Four: Conclusion
If you are successful and awarded compensation, your claim will be concluded and you will receive your payment in a lump sum. If your claim is unsuccessful and the claim was funded using a No Win No Fee arrangement, provided you have complied with the terms and conditions of the agreement, then you won’t need to pay anything towards our legal costs.¹³