Can pedestrian victims of road traffic collisions make a claim for compensation?

Inevitably, some drivers will be careless and collisions are therefore an unfortunate fact of life. Pedestrians are amongst the most vulnerable of all road users and the injuries they suffer are usually life changing and often fatal.

Unlike the driver, the pedestrian will not be insured. That is why it’s important to seek the right legal advice when it comes to claiming compensation the injury (or death) and all consequential losses.

Types of pedestrian collisions

Pedestrian collisions happen in a variety of ways. Claims are often pursued by or on behalf of pedestrians who are injured and killed by vehicles backing out of a parking space, whilst they are trying to cross the road or even when a vehicle is driven onto a pavement. These are just example or the wide range of circumstances in which pedestrians are injured through the drivers fault

What if the driver says the pedestrian was at fault for not paying attention ?

Dangerous drivers will be interviewed by the Police and might face criminal prosecution. Rob Jones, our Associate Solicitor for Serious Injury, says: “For that reason, many try to shift the blame by suggesting the pedestrian failed to look or otherwise take proper care. This is often a desperate attempt to save their own skin and not something that should put anyone off making a claim.

“Ultimately, vehicle users owe a very high degree of care to pedestrians and are expected to anticipate possible errors of judgement. For example if an approaching driver sees a pedestrian walking towards the kerb, the driver should anticipate that the pedestrian might step out without looking. If the pedestrian does not look, the driver is not justified in failing to slow down, sound his horn or even stop. Two wrongs do not make a right.”

“All cases depend on their own facts and an expert lawyer will thoroughly investigate the matter and  then advise on the best way of presenting the case.”

Why should I make a claim?

Sometimes a driver may deny they caused the collision. It is always advisable to seek the very best legal advice. We know compensation won’t take away what happened, but funds  can be claimed to obtain help and rehabilitation which will at least help relieve some of the day-to-day stresses caused by injury.

In some tragic cases,  the pedestrian is fatally injured but there is insufficient evidence for the Police to prosecute the motorist. In those situations, pursuing a civil claim for compensation is often the only way of proving that the motorist was to blame for the death of a loved one.

Compensation can help with loss of income due to time taken off work, rehabilitation costs, prescription costs and much more. At Birchall Blackburn Law we:

  • Arrange a home visit – no matter where the location in the UK
  • Always endeavor to make our clients feel comfortable and at ease
  • Arrange interim payments to cover lost earnings.
  • Seek funding for private rehabilitation such as physiotherapy and then make all the arrangements for the treatment
  • Provide guidance through ongoing medical treatment regime and ensure any complex future financial planning is dealt with thoroughly
  • Be easily contactable and always approachable
  • Work closely with charities dedicated towards helping the victims of road traffic collisions and their families

What should I do if I’m a pedestrian involved in a road traffic collision?

If you or a family member is injured or killed as a pedestrian victim of  a road traffic collision, there are a few things you can do to support your case:

  • Note down the names and contact details of any witnesses
  • Keep records of your doctor’s appointments, hospital appointments, prescriptions and any treatments you receive
  • Keep all receipts, invoices and bills for all expenses incurred as a result of the injury or death
  • Take photos of the scene of the incident
  • Get in touch with a specialist road traffic solicitor, such as Birchall Blackburn Law’s Pedestrian Claims Service, to find out if you have a valid claim

How do I make a claim?

Simply call 0800 614 722 or use our form to request a callback. Our dedicated team, including Head of Serious Injury Quentin Underhill, will be able to advise and guide you on making a claim for your pedestrian road incident.