Pedestrian Accidents
If you have been involved in a road traffic accident which wasn’t your fault, you should speak with our solicitors to know your rights.
When we think of road traffic accidents, frequently we imagine car crashes and driver injuries. However, as a pedestrian, you are vulnerable to dangerous driving too. At a pedestrian crossing, motorists must allow you right of way. When this doesn’t happen, and injury occurs as a result, a pedestrian crossing claim may be built.
Pedestrian Road Accidents
Speak to one of our experienced advisers today on 01-6641800 for a consultation. Alternatively, you can fill in our claim form, and we’ll call you back.
What Happens Next!
If you have been injured by a motorist at a pedestrian crossing when you had right of way, you may be entitled to make a pedestrian crossing accident claim. If a vehicle has driven into you at a pedestrian crossing, it is important that you contact a road traffic accident solicitor quickly. There is usually a two-year time limit after the wrongdoing has occurred for you to enforce your rights.
Are Pedestrian Crossing Claims Always Possible?
Sometimes it can be difficult to determine where the fault lies with pedestrian crossing accidents. If you wanted to make a successful claim, you would have to prove that the driver was responsible for your personal injury. Evidence which may help in these cases are the contact details of any witnesses to the incident, and photographs of the scene of the accident if possible. The Police should also be contacted as soon as possible. A case may also be possible if you were struck by oncoming traffic when it wasn’t your turn to cross on pelican, toucan, or puffin crossings. However, this is likely to be deducted, as in the eyes of the law you were guilty of ‘contributory negligence’ – in other words, the injury was partly down to your own error.
The amount of the claim paid out – not just in pedestrian crossing claims, but in all road traffic accident cases – is dependent on the circumstances and evidence of that particular instance. Important factors which determine the damages paid are whether or not the pedestrian had right of way, the speed the car was travelling at, and the injuries sustained. If a car has caused an accident at a crossing when it wasn’t its right of way, it is likely to be fully liable for the accident. However, if two contributory factors emerge on either side – for example, the pedestrian crosses when the light is red, but a driver is speeding – sole responsibility is unlikely to be provable. When this happens, a claim may be settled as split liability, entitling each driver to a percentage of the actual value of their claim.
Pedestrian cases can involve questions about driver conduct, visibility, road layout, traffic signals and contributory negligence. Lalloo Solicitors can review the circumstances, explain the evidence that may be relevant and advise on the applicable claims process.
For information on cycling accident claims click cyclist accident claims.
Our road traffic accident claims guide explains Garda reporting, evidence, the Injuries Resolution Board and time-limit considerations.