Pedestrian Accident Compensation Claims

When talking about road traffic accident claims, those involving pedestrians can often be overlooked.

However, in 2016 a total of 448 pedestrians were killed in road traffic accidents in the UK. In the same year, 5140 pedestrians were seriously injured and 17,962 suffered slight injuries. These were incidents reported to the Police and therefore the actual numbers amongst those slightly injured is likely to be higher. So pedestrian accident compensation claims are not a rare thing, as you can imagine.

When you come to think about it, whilst elsewhere we have referred to the vulnerability of cyclists and motorbike riders as compared to other road users, pedestrians are just as, if not more vulnerable than anyone. Whilst walking along the pavement, they should and generally are safe from being hit by other road users, but we have all read about and seen on the TV news stories concerning the tragic cases of cars, vans and lorries that mount the pages causing fatalities of unfortunate pedestrian who just happened to be in the wrong place at the wrong time.

According to statistics released by the Office for National Statistics in 2011 released as a result of a Freedom of Information Request, between 2006 and 2011 there were 14 deaths of pedestrians caused by cyclists on pavements, and 1011 deaths of pedestrians caused by cars, pick-ups or trucks, also on pavements. Given that deaths are thankfully the rarest of outcomes in road traffic accidents, the numbers of people slightly or seriously injured just as a result of pedestrians being hit by cyclists or cars, will be significantly higher. That is just on the pavement, where a pedestrian is entitled to feel entirely safe, certainly in so far as being involved in a road accident is concerned.

The main general guidance points for pedestrians provided by the Highway Code is summarised as follows;

• 1. Pavements (including any path along the side of a road) should be used if provided.
• 2. If there is no pavement, keep to the right-hand side of the road, so that you can see oncoming traffic – single file, if more than one of you, keeping close to the side of the road.
• 3. Help other road users to see you – – wear something bright in poor daytime conditions and at night use reflective materials.
• 4. Young children should not be out alone on the pavement or road. Hold their hand firmly whilst walking on a road with them, keep the very young tightly strapped into prams, pushchairs or buggies and don’t push buggies out into the road when seeing if it is safe to cross.

The heavier duty of care though is generally on drivers of vehicles more than it is on pedestrians. Sure, if someone simply sets off across the road, giving an oncoming driver no chance of avoiding a collision then, there is often no blame attached to the driver. However, if the driver was speeding (and by speeding, we mean going any faster than 30 mph, or perhaps even at a lesser speed, in a built-up area), even in this scenario, some contributary negligence could attach to the driver. That is to say that the driver could be held partially responsible.

A good many instances of pedestrian accidents are caused by;

• Drivers driving recklessly (usually too fast)
• Hit and run drivers
• Drivers who do not stop when required at pedestrian crossings, traffic lights or other signals
• Drivers not paying sufficient attention to the road – eg using a mobile phone whilst driving
• Drivers under the influence of drink or drugs

Pedestrians are vulnerable to the severest of injuries including;

• 1. Broken limbs
• 2. Serious head injury
• 3. Back or neck injuries