Can I claim compensation as a pedestrian in a road traffic accident?

Road traffic crashes result from a combination of factors including the road layout, the vehicles, the road users and the way they interact.

Research has been conducted considering the main causes of pedestrian fatalities and the safety effects of road measures (traffic lights, roundabouts, and refuge islands) at pedestrian crossings before and after implementation. The results indicate that there is strong evidence for the positive effect of such measures especially on the number of pedestrian-related accidents.

Research has also shown that cars behave most irregularly at crossings without a refuse island. Car drivers drive more appropriately when more safety features are present such as flashing yellow lights, traffic lights, and refuge islands.

Other causes for pedestrian-related accidents include cars turning around inappropriately, pedestrians “darting out”, distracted driving, drink driving, and blind spots.

It appears more work needs to be done to ensure the safety of our pedestrians on the roads.

Can I claim compensation as a pedestrian?

It is important to remember that every type of pedestrian traffic accident case is different.
The following factors can determine the value and who is liable for a pedestrian accident:

• The environment and road conditions
  
• Where the pedestrian was at the time of the accident
  
• The driver
  
• The driver’s vehicle
  
• The pedestrians injuries
  
• Insurance  

What can I get compensation for?

Browell Smith & Co Solicitors’ specialist road traffic accident team understands your problems and can help you recover compensation for the following:

• Recovery from injuries
• Loss of a vehicle
  
• Time off work
  
• Travel inconvenience 

As well as recovering compensation, where an individual suffers serious or life-changing injuries our specialist teams can look to recover the costs of specialist rehabilitation programmes, private medical treatments, and aids and adaptations where required. Our expert solicitors work with specially selected experts in the field of rehabilitation who will guide you through the process and discuss which options are available to you.

How long do I have to make a road traffic accident claim?

As with all claims for personal injury compensation, there are time limits within which a road traffic-related accident must be pursued. For the majority of road traffic-related accidents court proceedings must be started within three years from the date of the accident. In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time. The following exceptions apply:

• Children- personal injury claims involving a child can be made at any point before your child turns 18. On your child’s 18th birthday the three year rule comes into effect, so a claim needs to be started before they turn 21.
• Mental Capacity- if a person lacks the capacity to make a claim themselves, there is no time limit for making a claim.

Speak to our personal injury solicitors today!

Being injured as a result of someone else’s negligence is a serious matter and is a complex area of law. It can have huge implications for you and your family so it is always best to take specialist advice. Our legal experts have a wealth of experience in handling personal injury cases and are always happy to discuss matters with you. Contact our expert team today to arrange a free initial telephone consultation.

The April 2021 Whiplash Reforms – What You Should Know

The Civil Liability Reforms will reduce the levels of damages that people suffering whiplash injuries in road traffic accidents are able to claim by up to 90% (based on initial tariffs proposed in 2018). For example, an injury lasting up to three months could be compensated in the region of £225 under the new tariff system, compared to £1,750 on average at the moment; and the amount payable for an injury lasting 9-12 months could fall from £4,000 to £1,250.

When do these changes come into effect?

The reforms are due to come into force in April 2021, however, this has been delayed twice during 2020.

What does this mean for someone who has a Road Traffic Accident?

• Compensation for small claims will be decided on a tariff-based system, which is being introduced to limit the amount of money that you can receive. These tariffs have not been officially published yet by the Government, but the proposed figures are significantly lower than the current amounts likely to be awarded.
  
• Claimants will in most cases have to pay their own legal costs, even if successful. For many the only option may be to represent themselves, as going forward all claims with injuries worth less than £5,000, no solicitors costs will be payable in addition to any compensation awarded. Currently, the small claims limit for injuries incurred through Road Traffic Accidents is £1,000.
  
• Alternative funding arrangements may be available such as Damages Based Agreements but ultimately this will still mean your compensation is lower than what you would be awarded now.
  
• All Road Traffic Accident claims valued less than £5,000 will now need to be put through the online litigants in person portal which is also currently delayed.
  
• Making a whiplash injury claim is likely to be more difficult and costly under the new rules. A claim is, for example, highly unlikely to be accepted without expert medical evidence so costs will be incurred by the litigant in person. 

My accident has already happened – will the changes affect me?

The new tariffs will apply according to the date you start your claim, not the date of injury. You are therefore best advised to start a claim before April 2021.

Speak to our road traffic accident specialists!

At Browell Smith & Co Solicitors, our legal experts have a wealth of experience in handling personal injury cases and are always happy to discuss matters with you. Contact our expert team today to arrange a free initial telephone consultation or alternatively use our Call Back Request or Live Chat function on our website.

The Importance of Driveway Safety

Research carried out by The Royal Society for the Prevention of Accidents (RSoPA) shows that, sadly, at least 39 children have been killed on, or near, the driveways of their homes since 2001. Twenty-eight of these accidents have occurred since 2008. Consequently, RoSPA has been campaigning to raise awareness regarding the importance of driveway safety.

In the majority of cases, an adult member of the child’s family, a neighbour or visitor to the house was driving the vehicle responsible. This can be highlighted by a recent case in 2017, in which a mother did not realise that her child was not in the car when she proceeded to reverse off her driveway.

Reduce driveway accident risks:

In order to prevent these tragic accidents from occurring, it is imperative to recognise that cars are not a safe place for children to play.  Children should not be left unattended in a vehicle, even if the engine is switched off.  There are a number of risks within cars, such as electric windows, choking, and fire hazards. These risks can result in serious consequences for young children.

It is advisable to explain to young children that they should not play in or play around parked cars. Small children who are close to the vehicle’s bumpers may be less visible to drivers of larger vehicles, such as 4×4’s and pick-up trucks.

If possible, in order to reduce the risk of an accident occurring, reverse on to the driveway and drive off forwards.  When parking on a slope, always park in gear and turn the wheel so if the car moved it would be stopped by the kerb, or something similar.  Always be aware of your surroundings and where children are.

A survey was undertaken by RoSPA, in association with the Iain Goodwill Trust in 2010.  This concluded that the majority of parents were unaware of the possibility of an accident occurring involving their children and a car at home. The risk of accidents occurring can be reduced by carrying out the simple steps detailed above.

Speak to our specialist solicitors today!

If you have any questions related to this article or need further support from our team you can request a call-back today. We are a local, experienced team of solicitors providing a full range of legal services including personal injury, divorce and family law, wills, trusts and probate, medical negligence claims, and both residential and commercial conveyancing.