The phrase road traffic accidents tends to conjure up thoughts predominantly about car crashes and other such incidents involving moving vehicles; however the first 33 paragraphs of the highway code, the main guidance for what care should be taken on roads, relate to the rights and duties of pedestrians. So where do you stand if you are injured by a motor vehicle as a pedestrian?
Well of course, there are several circumstances that can be covered by this heading – as there are many different ways which a pedestrian could come to be injured by a vehicle so let’s break these down:
Walking along the road
Pedestrians are entitled to step off the pavement to avoid a hazard or to stop them being endangered and therefore if you step on the road it is unlikely that you could have been classed to be negligent unless you didn’t look or jumped out! In this type of case it may come down to why you stepped on the road and how compelling this reason is and therefore in these types of cases it is best to speak with a personal injury specialist such as ourselves so we can see this from the perspective of the court and if necessary refer your case to a barrister for prospects advice.
Not using crossings
We’ve all done this, we’ve got a little impatient and decided that we would take the chance and not use the crossing. Of course we do not condone this but in these circumstances are you able to make a claim for compensation? You do actually have quite a strong claim in these circumstances as the duty on vehicles to take care when they are in an area where pedestrians could step on the road is very high. In a case where a pedestrian stepped out on the road in front of a motorcyclist, simply just not stopping at the kerb and walking straight into the road, it was held that had the motorcyclist been paying better attention and driving slower he may have been able to stop! However, the pedestrian was held to have contributed to the accident and therefore was held one-third liable for the accident (meaning his compensation was reduced by 33%).
Therefore, the main thing to say about these claims is you do still have a claim – it just may be that you are alleged to have contributed to your accident and therefore your compensation may be reduced – but this should not stop you from claiming. After all, injuries sustained by being hit can be incredibly painful- I have unfortunately experienced this first hand and know the effect it can have on everyday life.
Standing on the pavement
If you are on the pavement then it should be safe to say you should be okay. Vehicles do not belong on the pavement! But what happens if part of a vehicle hits you? Lord Denning (whose name I’m sure rings bells with many law students!) had this to say about that circumstance “I see no reason why a person standing on a kerb is guilty of negligence at all; even if she went an inch or two into the road way, I cannot see that would amount to negligence in the slightest! The very fact that a van driver hits with his wing a pedestrian means that he is at fault and she is not!”
If you wish to discuss any of the above, please do not hesitate to contact us!
