Pedestrians are particularly vulnerable to being seriously injured by Road Traffic Accidents, as they do not wear protective clothing, helmets or seatbelts. Being hit by a bicycle, car or other vehicle, which is large, heavy, has a hard exterior and is travelling at high speed, is therefore more likely to cause serious harm to a pedestrian than to any other road user.
Accidents are more likely to happen if a driver is intoxicated, they are speeding, or they are not paying close attention to the road. They might be texting, changing the music on their stereo, or talking to people sitting in the backseat. If a driver is driving recklessly in this way and they hit a pedestrian, they will be liable for paying them compensation for their negligence.
Additionally, if a driver is apprehended after a hit and run, or they are found to have been driving without insurance, they may face criminal charges as well as the civil claim of negligence raised against them by the pedestrian.
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Even with the best precautions, an accident may happen. It may be the fault of the driver or the pedestrian, or a combination of both of them:
If you are injured as a pedestrian due to the negligence of a driver, you could claim compensation on the basis that the accident was their fault and the injuries they caused harmed you.
If you are injured as a pedestrian where you were partially at fault, for example walking into a road when distracted, walking along an unsafe road or disobeying pedestrian crossings, you may still be able to claim some compensation if they driver was also partially at fault.
There is many instances where claiming compensation is still possible.
The accident may not be the fault of the driver nor anyone else, for instance if a road is poorly maintained or bad weather causes their vehicle to skid or aquaplane. Some roads are particularly unsafe, such as accident ‘hot spots’ caused by potholes, tight corners or narrow lanes.
Pedestrians can sometimes avoid walking alongside these roads, but if there is no pavement to walk on, for example in rural areas, they may be forced to walk on the roadside to get to wherever they are going.
Even if they walk along an unsafe road, drivers are still required to drive safely and pay due care and attention to the road and other road users.They can claim compensation if a driver was even partially at fault for the accident.
If you, or anyone you know, has been affected by a road traffic accident as a pedestrian, you should seek legal advice to maximise your chance of success with your compensation claim. You could receive compensation to cover financial loss (such as lost wages), expenses associated with your physical injury and pain and suffering.
Call Scot Accident Claims for a free initial consultation.
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