I was hit crossing the road - How do I claim injury compensation?

If you were injured crossing a road due to the negligence of a driver, you should be able to claim compensation.

What if I wasn't using a pedestrian crossing?

If you were injured when crossing the road in an unsafe place then it is possible that you might be held partly responsible for the accident.

Although a driver should always be aware of pedestrians, particularly those attempting to cross, a pedestrian should always use an appropriate crossing when one is available.

If no crossing is available, the pedestrian must take all reasonable care when attempting to cross. If the crossing is potentially too dangerous, such as crossing a busy motorway, the crossing should not be attempted.

Drivers must take reasonable steps to avoid injuring pedestrians, particularly given the potentially fatal consequences of failing to do so. They must take particular care when driving in the proximity of children, such as outside a school, as children are more likely to behave in an erratic manner, putting themselves at risk.

Who is responsible for an accident when crossing the road?

In the event of a vehicle injuring a pedestrian, the driver of the vehicle will often carry most of the blame for the accident.

In some cases, however, courts have ruled that a claimant should receive a lesser compensation sum if they have taken an unnecessary risk by attempting to cross the road in a dangerous place rather than using a pedestrian crossing.

This should not discourage a potential claimant from making a claim. Each situation is different and the result will be dependent on the facts of each specific case. Claimants of similar road accidents have received up to 75% of their compensation.

Evidence to make your case

A pedestrian injured in a road accident should always seek medical attention, both to ensure that they have medical records that are consistent with their injuries if they choose to make a compensation claim, but also to aid in their care or recovery.

If possible, photographs should be taken of the scene and the names and addresses of any witnesses should be collected. These will support your case if you claim, and could indicate whether they chose a reasonably safe place to cross, and what actions the driver took to cause or attempt to avoid the accident.

Read more:

Pedestrian accident compensation claims

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.