Pedestrians are the most vulnerable when walking across and near roads due to the complete lack of protection they have from vehicles. Whilst most pedestrian accidents are complete accidents; there are those that are caused as a result of someone else’s negligence and may have otherwise been avoided.
Having an accident as a pedestrian and being hit by a car or vehicle can be an extremely traumatic experience and can have long term physical and psychological effects on you and your loved ones.
If you have been involved in a pedestrian accident and have suffered an injury as a result of someone else’s negligence, you may be eligible to make a pedestrian accident claim. Contact Wildwood Legal today to get in contact with one of our personal injury lawyers, who will be able to determine your eligibility and provide more information on the legal claims process.
What are the common causes of pedestrian accidents?
There are many causes of pedestrian accidents where a motorist may be at fault. Here are some of the main causes that we deal with that lead to pedestrian accident claims:
· A driver failed to brake at a red light or at a pedestrian crossing when you went to cross the road
· A driver hit you whilst they were under the influence of alcohol or drugs
· When road users hit you whilst illegally using their phone
· The motorist was driving recklessly and not paying attention to the road
· Hit and run accidents
If you have been injured as a pedestrian from one of the causes listed above, we advise you to contact our personal injury solicitors to start your claim today.
What are the most common pedestrian injuries?
Pedestrian accident injuries can vary from minor to severe and can sometimes even be fatal, depending on the severity of the accident. Pedestrian injuries are typically categorised into five groups, including the following:
· Minor injury – These injuries can include whiplash, sprains, strains and bruising, as well as shallow cuts.
· Less serious – Including minor head injuries, fractures to any bones as well as deep cuts on the body.
· Moderately serious – These injuries include partial loss of a limb, chest injuries, deeply penetrative wounds and fractures to the pelvis or thigh.
· Very serious – Including a severe chest or brain injury with difficulty breathing, loss of consciousness, a broken spine or neck and any internal injuries.
· Fatality – Extremely severe pedestrian accidents can, unfortunately result in fatalities.
If you have suffered from one of these injuries, you should seek medical attention from a medical professional immediately as they will be able to assess the extent of your injuries and provide any treatment that may be necessary.
What should I do following a pedestrian accident?
After a pedestrian accident, it is important that you visit your general practitioner or A&E depending on the extent of your injuries. You should also receive a copy of the medical report describing any injuries that you have sustained, as this may be required as evidence in the accident claim further down the line.
You may also be required to provide further evidence to prove pay entitlements following a pedestrian accident. Below are just a few pieces of evidence that you could be asked to provide:
· Witness statements alongside contact details of witnesses to the accident
· CCTV/ dashcam footage of the accident (if available)
· Proof that the accident and the injuries you sustained were officially recorded
· Photos of the scene of the accident and/or photos of the injuries that you sustained
· Photographs of the damage to yourself and other personal belongings
After you have suffered a pedestrian accident, it is in your best interest to talk to a Solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward. Personal injury Solicitors from law firms can also provide clarity on whether you have been wrongly injured as they are legal experts and specialise in pedestrian accident compensation claims.
What can be recovered from pedestrian accident claims?
Pedestrian accident claims are recovered in the same way as other personal injury claims. The final sum will take into account:
Loss of earnings – if you had to take time off work or can no longer work due to your injuries, you should be able to recover the full period you were unable to work and expenses you’ve incurred due to the accident.
Pain and suffering – Any trauma, pain, or psychological suffering you have endured should be compensated.
Loss of amenity – Injuries that prevent you from participating in activities you once enjoyed can lead to mental health issues such as depression. It is the law to ensure that compensation covers any loss of amenity.
Treatment (physiotherapy), home care, rehabilitation, or counselling that you will have needed now or in the future.
Other financial losses – Reimbursement of medical costs and travelling expenses to and from your medical treatment, mobility or support equipment, or any alterations required to your home or vehicle to accommodate your injuries.
How will my pedestrian accident claims compensation be calculated?
Compensation awarded through personal injury claims is made up of two types of compensation; in legal terms, we call these general damages and special damages.
General Damages – This is the amount you will receive for your pain, suffering and loss of amenity. To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you.
If the Defendant admits liability for your case, you may also be able to receive an interim payment, meaning that you could receive a part-payment of compensation during litigation. These payments are made by the other side before a case is settled in order to aid you to fund a number of vital things, such as assistance in daily living or urgent medical care.
Time limits for pedestrian accident claims
The general rule on time limits for making a pedestrian accident claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident has happened.
The three-year deadline begins on the date that the pedestrian accident occurred or from the date on which you realised that your injuries were associated with your accident.
The three-year time limit for claiming compensation does not apply to those under 18; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
How much do bus accident claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a Conditional Fee Agreement (also known as a no win, no fee agreement).
This means that if you do not win your case, you do not pay us any fees at all. If you have a successful claim, we take a small percentage of your personal injury compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal assist with pedestrian accident claims?
At Wildwood Legal, our core strength is in personal injury claims. Our personal injury lawyers are experienced in assisting claimants with pedestrian accident claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We can provide you with legal representation and advice around insurance companies and about the personal injury claim that you may be entitled to. We have acted for people from all walks of life who have been injured in pedestrian accidents.
We see all too often the significant effect that a serious pedestrian accident can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the compensation you receive.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards, meaning that we are a trusted law firm. We offer legal advice and services to individuals located in England and Wales and have registered offices in Harrogate and London.
With 25 years of experience in personal injury law, we can help you with your claim. We aim to get the maximum compensation amounts for our clients.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
If you are considering making a pedestrian accident compensation claim, get in contact with us either by email email@example.com or by calling us on 01423 209 046. Visit our page for more information on road traffic accident claims.
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