Manchester-based personal injury lawyer, Victoria Higgins, discusses how pedestrians involved in a road traffic accident can make a claim.
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Many people think that it is just drivers or passengers in a vehicle that are entitled to compensation following a road traffic accident, failing to realise that it also extends to pedestrians too.
So in addition to claiming for the injuries themselves – and that’s referred to in law as ‘general damages’ – we can also claim for items of ‘special damages’, which include past and future losses that have arisen as a consequence of the injuries and accident. Examples include: loss of earnings; travelling expenses; care; and treatment and therapies, just to name a few.
It is the general rule that the negligent driver or, correctly speaking, their insurance company will be liable to pay compensation to an injured pedestrian. There are some cases, however, where the facts maybe a little less clear cut. For example, if the pedestrian walks out into the road on a pedestrian crossing whilst the red man’s illuminated, or if they step out in between parked cars into the road, that would mean a percentage reduction in their damages to reflect the fact they were partly to blame for the accident.
In all road traffic accident cases, we will always look to obtain compensation from the negligent driver’s insurance company in the first instance. In some cases, the driver maybe uninsured or they may flee the scene of the accident without stopping. So in those cases we will look to pursue the claim under Motor Insurance Bureau scheme, which is designed to compensate innocent victims of uninsured and untraced motorists.
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