Most people accept that driving a car brings with it a certain risk. In the main, though, we’re happy to accept that risk, on the basis that most cars have safety features designed to protect us in all but the worst circumstances and a feeling that, unlike when flying on a plane, our fate is largely in our own hands. The same cannot be said when you’re a pedestrian, of course. Not only are you far more at the mercy of other people, namely those driving cars, but in the event of any kind of accident the injuries you suffer will be exacerbated by your unprotected state. If the accident in question was caused by you failing to pay due care and attention then you’ve really nobody else to blame, but many such accidents occur because drivers fail to notice pedestrians, at least until it’s too late.
If you’ve been involved in an accident of this kind then the effects may well have been extremely drastic. A person hit by a car, even at relatively low speeds, can suffer catastrophic injuries of the kind which mean life for them and their family is never the same again. If the driver of the car in question was behaving in a negligent manner, then it’s surely not too much to ask that you should be able to make a claim for compensation?
According to statistics collected by the Government, three quarters of the increase in the number of fatalities caused by Road Traffic Accidents (RTA) can be accounted for by the number of pedestrians killed. In the 12 months between 2014 and 2015, the number of pedestrian fatalities on the road went up by 12%, from 398 to 446, whilst the number who were seriously injured rose by 1.3% to 5,063. Minor injuries impacted upon 19,923 people.
What is needed to make a successful pedestrian accident claim?
A successful claim for compensation in a case like this will depend on two things. The first is can you demonstrate that you have suffered an injury. In many cases this may seem extremely obvious, but medical opinion will still be required to make the manner and severity of the injury a matter of official record. The second and, perhaps, more complicated part of the claim will involve demonstrating that the driver of the vehicle was operating it in a manner which didn’t meet their duty of care to you. In many cases the driver will deny responsibility, so it’s up to you to prove show that they’re wrong.
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