Being involved in a road accident as a pedestrian can be traumatic and life-changing. Pedestrian road accidents can also be challenging to prove fault, which can be problematic if you look to seek compensation to cover the damages, which can be high in these cases. With this in mind, this post will establish how you can prove fault in a pedestrian road accident case.
Understanding Pedestrian Rights & Safety on the Road
First, you need to understand pedestrian rights in the UK. Pedestrians have strong protection in place under the Highway Code, which means that motorists must give right to pedestrians at designated crossings and take extra care in certain areas, such as residential neighbourhoods and roads around schools. If you believe that your pedestrian rights have been violated, you could be entitled to compensation.
What Evidence is Required to Prove Fault in a Pedestrian Accident?
There are many types of evidence that can be used to prove fault in a pedestrian accident, and the more evidence you provide that it was not your fault, the stronger your case will be. The main types of evidence include:
Eyewitness statements: Statements from bystanders can support your version of events and create an accurate timeline. This is why it is vital to obtain witness contact details after the accident.
Traffic camera/Dashcam footage: There may be traffic cameras in the area where the accident took place, which provide indisputable evidence of the sequence of events. Similarly, these days there is often dash cam footage available from vehicles in the area that can support your case.
Police reports: Police reports are useful for accurate information like the time, date, and location of the accident, as well as their initial opinion on fault.
Photographs/Videos: You should also try to take photographs and/or videos of the accident site, injuries sustained, and vehicle damage.
How Negligence & Distracted Driving Affect Pedestrian Accidents
Driver negligence is one of the most common reasons for pedestrian accidents, and proving this can help you win your case. There are a number of common causes of driver negligence, such as:
- Using a phone while driving
- Speeding
- Driving recklessly
- Driving under the influence
- Failing to yield to pedestrians at crossings
Legal Process & How to Claim Compensation After a Pedestrian Accident
There are a few steps to take to make a claim for compensation after a pedestrian accident. These include:
- Collecting evidence at the scene
- Reporting the accident to the police
- Seeking medical attention
- Contacting a solicitor who specialises in road traffic accidents
- Submitting your claim (within the three-year limit)
Road traffic accidents involving pedestrians can be incredibly traumatic and can result in life-changing injuries. It can also be challenging to determine fault in these cases, which is why it is important that you know how to collect evidence that will support your case and help you claim compensation.
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