Compensation claims for an injury at a petrol station
Accidents on petrol station forecourts often involve collisions between two or more cars. The consequences can be damage to vehicles, and injury to the occupants. Accidents may also involve pedestrians crossing the forecourt.
Vehicles are typically moving slowly while they manoeuvre around petrol station forecourts. Nonetheless, vehicle damage and personal injury from accidents can result from a driver's negligence.
Can I claim if I get hit by a car while walking across the station forecourt?
Typically there are no specific traffic routes around a petrol station forecourt. This means pedestrians may have to weave between cars while they make their way from the petrol pump to the payment kiosk.
Pedestrian accidents are frequently caused by drivers failing to account for people crossing the station on foot.
The general rule is that both drivers and pedestrians have a duty to be on the alert for each other. Pedestrians need to watch out for cars and proceed sensibly.
The duty imposed on drivers is greater. Drivers must be mindful of pedestrians and other cars, and also maintain a low maximum speed.
If you were injured crossing the forecourt, you may be able to make a personal injury compensation claim from the driver's insurers. To succeed, a claimant must prove that the driver (the defendant), failed to show due care and attention.
What can I claim if a car collides with mine?
Lliability for vehicle collisions in a petrol station is sometimes viewed as being shared by the parties involved. A decision regarding liability will depend on the available evidence in each case, including injuries sustained and vehicle damage.
If the evidence shows the claimant was driving responsibly, liability is likely to lie solely with the defendant. 100% of the compensation will be awarded to the claimant.
If both parties were found to have been partly responsible for the accident, either by driving carelessly or by failing to take precautions against injury, such as by not wearing a seatbelt, liability may be 'split'.
Can forecourt CCTV evidence be used in my claim?
Many petrol stations now have CCTV cameras installed. This means that the majority of accidents will have been recorded. CCTV footage can help establish liability, and can be presented as evidence in your claim.
Most petrol stations only keep footage for a short period before deleting it. Some companies will have data protection issues regarding the release of footage.
To avoid the risk of losing CCTV evidence, speak to a solicitor as soon as possible. The solicitor can request that relevant footage is retained, or a copy made, on your behalf.