Pedestrian Accident Claims: When a Pedestrian Runs Out in Front of a Car…

The case in review: A pedestrian suddenly runs out straight onto the road in front of a car. Everything happens so quickly that the driver does not get enough time to react. The driver hits the pedestrian, injuring the pedestrian as a result. The car is also damaged in the accident.

The question: Who compensates whom?

Anyone can find themselves in such a situation.

You can be the driver or you can be the pedestrian.

Therefore, we’ll try to evaluate this case objectively, so that both the involved parties can return with a convincing answer to the question.

Who was at fault?

Both, drivers AND pedestrians, are required by law to abide by road safety rules as set in the Highway Code, when using roads.

For instance, pedestrians are strongly advised to use footway or footpath when walking on a road. Where a footway or footpath is not present, they should walk on the right-hand side of the road. Furthermore, when we talk about crossing a road, pedestrians should use the crossing(zebra crossing, pelican crossing, traffic lights etc.) and should only cross a road when there’s a safe gap in the traffic and they are certain that they’ve plenty of time to cross the road safely.

Likewise, for drivers, it’s important that they should drive within speed limits when using roads for travel. They are advised to exercise extra caution when manoeuvring around bends and turns and when crossing junctions. If they’re driving by a school or hospital, they should keep their speed slow to avoid any potential accidents.

There are other rules as well in the Highway Code, but these are the few selected ones that are most applicable to the case in review.

If the accident took place at a site where there was a hospital or a school, the driver is most likely to be at fault. Of course, the driver can always argue that they were driving at slow speed (and they may have a case) but the extent of injury and the extent of damage to car can help put things into context.

On the other hand, if the road had a crossing or a sidewalk, and since it’s clear that the pedestrian did not use either of them, the fault lies with the pedestrian.

There can be many probabilities, and every situation will have its own unique set of circumstances. It’s therefore important to consult a solicitor to reach a definite conclusion for a particular case.

Where the pedestrian is a child…

If the pedestrian involved in the road accident is a child, then there is hardly any case for the driver to file a claim for compensation. Even if they do, they are very likely to fail in their claim. The parent of the child though can claim for compensation from the driver on behalf of the injured child. Contact a personal injury solicitor to learn about how to file claim on behalf of a minor.

Have you been recently involved in a road accident and believe you should be compensated for your losses? Reach out to us and if you’re in the right, we assure you we’ll try our best to get you the compensation that you deserve.