When we think of road traffic accidents, frequently we imagine car crashes and driver injuries. However, as a pedestrian, you are vulnerable to dangerous driving too. At a pedestrian crossing, motorists must allow you right of way. When this doesn’t happen, and injury occurs as a result, a pedestrian crossing claim may be built.
Pedestrian Road Accidents
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What Happens Next!
If you have been injured by a motorist at a pedestrian crossing when you had right of way, you may be entitled to make a pedestrian crossing accident claim. If a vehicle has driven into you at a pedestrian crossing, it is important that you contact a road traffic accident solicitor quickly. There is usually a two-year time limit after the wrongdoing has occurred for you to enforce your rights.
Are Pedestrian Crossing Claims Always Possible?
Sometimes it can be difficult to determine where the fault lies with pedestrian crossing accidents. If you wanted to make a successful claim, you would have to prove that the driver was responsible for your personal injury. Evidence which may help in these cases are the contact details of any witnesses to the incident, and photographs of the scene of the accident if possible. The Police should also be contacted as soon as possible. A case may also be possible if you were struck by oncoming traffic when it wasn’t your turn to cross on pelican, toucan, or puffin crossings. However, this is likely to be deducted, as in the eyes of the law you were guilty of ‘contributory negligence’ – in other words, the injury was partly down to your own error.
The amount of the claim paid out – not just in pedestrian crossing claims, but in all road traffic accident cases – is dependent on the circumstances and evidence of that particular instance. Important factors which determine the damages paid are whether or not the pedestrian had right of way, the speed the car was travelling at, and the injuries sustained. If a car has caused an accident at a crossing when it wasn’t its right of way, it is likely to be fully liable for the accident. However, if two contributory factors emerge on either side – for example, the pedestrian crosses when the light is red, but a driver is speeding – sole responsibility is unlikely to be provable. When this happens, a claim may be settled as split liability, entitling each driver to a percentage of the actual value of their claim.
Why Choose Lalloo Solicitors For My Pedestrian Crossing Claim?
If you have suffered an accident at a pedestrian crossing, there are two main reasons you should get in touch with an experienced personal injury solicitor. Firstly, road traffic accident claims are often fiercely defended and difficult to prove. This means that expert legal assistance is required to navigate the legislation and build a strong case with limited evidence. Secondly, if you have been subjected to such a devastating trauma as a pedestrian crossing accident, the last thing you need is the stress of requesting police reports, filing paperwork and liaising with insurance companies in order to get a solid case together. Successful cases are a lot of work. Lalloo Solicitors legal experts pride themselves on their empathy and approach-ability, and are here to do the work for you. With vast experience, their success rate is unparalleled.
For information on cycling accident claims click here.
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