How to Make Pedestrian Hit by Vehicle Claims in the UK

Introduction:

Pedestrian accidents can have a devastating impact on victims. If you've been injured as a pedestrian due to a driver's negligence, you have the right to seek compensation. This guide will explain the key aspects of pedestrian accident claims in the UK, including eligibility, types of compensation available, and the claims process.

Time Limit for Pedestrian Hit by Vehicle Claims

In the UK, there is a general time limit of three years from the date of the accident to make a personal injury claim, including pedestrian hit by vehicle claims. However, there are exceptions. For instance, if the injured person is a minor (under 18), the three-year time limit doesn't begin until they turn 18. It's crucial to seek legal advice as soon as possible after the accident to ensure you meet the deadline.

When Can You Make a Pedestrian Accident Claim?

You can make a pedestrian accident claim if you were injured due to a driver's negligence. This means the driver failed to act with reasonable care and skill, which resulted in your injuries. Examples of driver negligence include:

• Distracted driving (using a phone, eating, etc.)
• Speeding
• Failing to yield the right of way
• Driving under the influence of alcohol or drugs
• Reversing without proper care

Types of Compensation in Pedestrian Hit by Vehicle Claims

Pedestrian accident claims can compensate you for a variety of losses, including:

• Pain and suffering: This covers physical and emotional pain caused by the accident and your injuries.
• Loss of earnings: This compensates for lost income due to your inability to work as a result of the accident.
• Medical expenses: This covers the costs of past, present, and future medical treatment related to your injuries.
• Care costs: This compensates for the cost of any care you require due to your injuries, such as assistance with daily living activities.
• Loss of amenity: This compensates for the impact the injuries have on your ability to enjoy life as you did before the accident.

The Importance of Legal Representation in Pedestrian Accident Claims

Making a pedestrian accident claim can be a complex process. An experienced personal injury solicitor can significantly increase your chances of success and ensure you receive the maximum compensation you deserve. Here's how a solicitor can help:

• Investigating the accident: They gather evidence, such as police reports, witness statements, and medical records, to build a strong case.
• Negotiating with the insurer: They negotiate a fair settlement with the driver's insurance company on your behalf.
• Representing you in court: If negotiations fail, they can represent you in court to pursue your claim.

How to Make a Pedestrian Hit by Vehicle Claim

Here's a general overview of the claims process:

• Seek medical attention: This is your top priority. Get a medical evaluation to document your injuries.
• Gather evidence: Collect any evidence available, such as photos of the accident scene, witness contact details, and the vehicle registration number.
• Contact a solicitor: Choose a solicitor specializing in personal injury claims.
• Provide details to your solicitor: Share all relevant information about the accident and your injuries.
• Claim submission: Your solicitor will submit the claim to the driver's insurance company.
• Negotiation or litigation: Your solicitor will negotiate a settlement or take the case to court if necessary.

How It Works in the UK – The Claims Process Explained

The UK claims process involves two primary stages:

• Pre-court stage: Most claims are settled at this stage without going to court. Your solicitor negotiates with the insurance company to reach a fair settlement amount.
• Court stage: If negotiations fail, your case may proceed to court. A judge will decide the outcome and determine the compensation amount.

Advantages of Making a Pedestrian Hit by Vehicle Claim

Making a pedestrian accident claim can offer several advantages:

• Financial compensation: It provides financial support to cover your losses and get your life back on track.
• Justice: It holds the negligent driver accountable for their actions.

• Peace of mind: It can provide a sense of closure and allow you to focus on recovery.
• Access to rehabilitation: The compensation can help pay for rehabilitation services to help you regain your health and mobility.

Conclusion:

Being hit by a vehicle can be a life-changing event. By understanding your rights and seeking legal guidance, you can navigate the claims process and secure the compensation you deserve to move forward with your life. Remember, the sooner you seek legal advice, the stronger your case will be.

Disclaimer:

This article provides general information only and does not constitute legal advice. It's crucial to consult with a qualified personal injury solicitor to discuss your specific circumstances and determine the best course of action for your pedestrian accident claim.

FAQs:

1. I was hit by a car while walking. How long do I have to make a claim?

In most cases, you have three years from the accident date to make a pedestrian accident claim in the UK. However, there are exceptions. If you were a minor (under 18) at the time of the accident, the three-year window doesn't begin until you turn 18. Regardless, it's best to consult a solicitor as soon as possible after the accident to ensure you meet any deadlines.

2. Can I claim compensation if I was partly to blame for the accident?

Potentially. The UK operates under a contributory negligence system. This means any compensation you receive may be reduced based on the percentage of blame attributed to you for the accident. For example, if you were jaywalking and a driver failed to yield, you might still be entitled to compensation, but the amount might be reduced depending on the severity of your contribution to the accident. A personal injury solicitor can advise you on your specific situation.

3. Do I need a lawyer to make a pedestrian accident claim?

While not mandatory, having a solicitor specializing in personal injury claims can significantly benefit your case. They can handle the complexities of the claims process, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Their expertise can maximize your chances of securing fair compensation.