A guide to making a No Win No Fee zebra crossing accident claim
Pedestrians using a zebra, pedestrian or light-controlled crossing should expect to be able to cross the road safely. So what happens if you are hit by a vehicle while using a pedestrian crossing?
Britain has one of the best road safety records in the world. Despite this, around 400 pedestrians are killed each year when hit by a vehicle and many more are seriously injured. These accidents can occur on pedestrian crossings where pedestrians have the right of way.
If you are injured in a pedestrian crossing accident, you may be able to claim compensation for the injuries you have suffered. To do this, you must show that the car driver's negligence caused or contributed to the incident.
Who is to blame for the incident?
Usually, these type of cases hinge on the question of fault. Both drivers and pedestrians must obey the rules of the road and exercise reasonable care when using a crossing. In many cases, it may seem obvious who was negligent, but the Court considers all the facts before reaching a decision. Some of the things the Court may take into account include:?
- On the part of the driver;
- failing to stop when the red light shows at a light-controlled crossing
- failing to stop when a pedestrian steps onto a Zebra crossing
- failing to slow down or approach a crossing with caution
- not giving due consideration to the weather or road conditions
- driving under the influence of alcohol or drugs.
- On the part of the pedestrian;
- using the crossing carelessly, such as moving onto a crossing when the 'red man' is illuminated?
- darting in front of vehicles.
What if I used the pedestrian crossing carelessly?
The court may decide that both parties are negligent to some degree. In this scenario, the court may award compensation for your injuries but reduce the award for your own contributory negligence - that is, the degree to which you contributed to the cause of your own injuries.
It is extremely unlikely that a Court will ever find you 100% at fault for a pedestrian crossing accident no matter how reckless you have been. That is because 'The Highway Code' places a high duty of care on drivers in respect of pedestrians. Drivers are expected to approach crossings with extreme caution and take extra care when driving in built up areas or around schools.
What compensation can I claim?
Compensation can be due for the physical and psychological pain you suffer as a result of the incident. You can also claim compensation for financial loss, such as loss of earnings and medical expenses.
The amount of compensation you receive depends on the seriousness of your injuries, the extent of financial loss and the support and rehabilitation you will need in the future.
Quittance's panel of solicitors have a wealth of experience dealing with pedestrian crossing claims. For more information about how No Win, No Fee applies to personal injury claimants, contact us on 0800 612 7456.