Pedestrians caught up in accidents as a result of the increase in traffic density

Traffic levels in some of the UK’s largest cities have nearly returned to pre-pandemic levels, new data has revealed.

The research, published by Siemens Mobility Limited in partnership with HERE Technologies, shows that traffic across major cities in January 2021 was at 83.4% of the levels seen before COVID-19 despite the lockdown measures in place. This article first appeared on localgov.co.uk.

As the UK slowly opens up again, there will be an increase in traffic density and therefore a likely increase in road traffic accidents.

Pedestrians are one of the vulnerable user groups, along with motorcyclists, horse riders and pedal cyclists. These groups are not protected by a vehicle body in the same way car users etc., are, and tend to be harder for other drivers to see on the road. They, therefore, are particularly vulnerable to injuries and accidents.

There are also many contributory factors as to why road accidents occur with pedestrians and why at time pedestrians can be contributory negligent for a road traffic accident. These include:

• Pedestrian crossing road masked by stationary or parked
• Pedestrian failed to look properly
• Pedestrian failed to judge vehicle’s path or speed
• Pedestrian wrong use of pedestrian crossing facility
• Dangerous action in carriageway (e.g. playing)
• Pedestrian impaired by alcohol
• Pedestrian impaired by drugs (illicit or medicinal)
• Pedestrian careless, reckless or in a hurry
• Pedestrian wearing dark clothing at night
• Pedestrian disability or illness, mental or physical

Can I claim compensation if I caused my own accident?

Unfortunately, if you were the main cause behind a Road Traffic Accident, it is unlikely you will be able to claim compensation. This is because you were negligent and breached your duty of safety to the drivers on the road. It does not matter whether you are using a vehicle or are a pedestrian.

However, it is rare for a Court to find more than 50% contributory negligence against a pedestrian struck by a car or other motor vehicle. Apportionment of the blame is, generally speaking, in favour of the injured pedestrian.

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.