Pedestrian Accident Claims in Manchester

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Pedestrians are considered the most vulnerable of all road users due to the lack of physical protection they possess against being hit by a car or another road vehicle. While some accidents can result in minor cuts and bruises, others can have more serious consequences - often resulting in life-changing injuries or even death.

Our solicitors have a great deal of experience in handling pedestrian accident claims involving the following:

• Zebra/pelican/toucan crossings
• School gates crossings
• Incidents on country roads
• A pedestrian walking between parked vehicles
• Accidents caused by defective surfaces
• Cycle lanes
• Pedestrian zones in towns/city centres
• Accidents in public
• Incidents involving running/jogging/dog walking
• Pedestrians hurt when a car has reversed into them
• Crossing roads between vehicles in traffic

If you have been involved in a pedestrian accident, it is important that you obtain the details of the driver of the vehicle that hit you. Witnesses can also play a crucial role in pedestrian accidents. If you are concerned that the driver was uninsured, report the incident to the police as soon as possible.

What should I do if I am involved in a pedestrian accident?

If you have been involved in a pedestrian car accident, before doing anything else, you should:

1. Seek medical attention: your health is the most important thing. Ensure you receive medical treatment as soon as possible, even if you feel fine. Some injuries may not be immediately apparent.
2. Report the incident: notify the police about the accident. They will document the scene and gather the necessary details for your claim.

If possible, there are a number of things you can do in the immediate aftermath of a pedestrian accident that could help to strengthen your compensation claim. These include:

• Taking photographs of the scene to show your exact whereabouts when the incident took place.
• Taking photographs of your injuries, which will provide much-needed proof of the severity of the incident.
• Ask for the contact details of anyone who may have witnessed what happened.
• Keep receipts from all expenses you have incurred as a result of the accident, including medical treatments, travelling to medical appointments and any home care required.

If you cannot do any of the above due to the hazard to your health, you may be able to ask someone else to help you. However, you should only do so if it is someone who you trust to hold your best interests at heart. Otherwise, simply focus on your wellbeing and safety.

Am I eligible to make a personal injury claim for my pedestrian accident?

You can make a claim if you have been injured in a pedestrian car accident that was not your fault. You can seek compensation for the physical injuries, psychological trauma, and any financial losses incurred as a result of the accident.

Even if a pedestrian fails to look before crossing the road, often, the driver will still be responsible for some degree of fault, as vehicles are legally required to give way to pedestrians.

To successfully claim compensation, you will need to prove that the driver was at fault. This is something we can assist you with, using our extensive experience in handling pedestrian accident claims.

What is the process for making a pedestrian accident claim?

Making a pedestrian accident claim involves a process that requires careful attention and expertise. The goal is to demonstrate the fault of the other party and to accurately quantify the harm you have suffered as a result of the accident. Here is a step-by-step breakdown of the process:

1. Consult a solicitor

Once you have sought medical attention, you should next consult a solicitor who specialises in pedestrian accident claims. They will advise you on the viability of your claim and guide you through the entire process. Your solicitor will explain your rights, potential challenges, and how best to proceed.

2. Gather evidence

With your solicitor, gather as much evidence as possible. This includes medical records, witness testimonies, photographs of the accident scene, CCTV footage, if available, and police reports.

3. Notify the at-fault party

Once your solicitor has assessed your claim, they will send a 'Letter of Claim' to the party at fault, usually the driver's insurance company. This letter outlines the details of the accident and your intention to claim compensation.

4. Negotiate a settlement

The at-fault party's insurers have a certain timeframe to respond. If they admit liability, your solicitor will begin negotiations for a fair settlement, based on the severity of your injuries and the impact on your life.

5. Court proceedings

If liability is disputed, or a fair settlement cannot be reached, your claim may need to go to court. However, this is a last resort and the majority of claims are settled before this stage. Your solicitor will represent you throughout this process, if it becomes necessary.

6. Compensation

Finally, if your claim is successful, either through settlement negotiations or court proceedings, you will receive compensation. The amount you receive will depend on various factors, such as the extent of your injuries, the impact on your life, loss of earnings, and any ongoing care needs.

We will provide you with expert assistance throughout this process, striving to secure the maximum compensation for your injuries, loss of income, and any other damages you have suffered. Our aim is to ensure that the process is as stress-free as possible for you, allowing you to focus on your recovery.

Is there a time limit for bringing a pedestrian accident claim?

The time limit for making a personal injury claim is usually three years following the incident. With pedestrian injuries, it is not uncommon for people to make a claim some time after the accident, usually because they do not realise they have a potential claim.

However, there are exceptions. If the victim is under 18 years at the time of the accident, the three-year limit starts from their 18th birthday.

For those who lack mental capacity, there may be no time limit at all. However, this is a complex area of law, and it is advisable to act as quickly as possible. We recommend you seek legal advice promptly to ensure you don't miss the chance to claim the compensation you deserve.

How long does a pedestrian accident personal injury claim take to settle?

The length of time it takes to settle a pedestrian accident claim can vary widely depending on a range of factors. These include the complexity of the case, the severity of the injuries involved, the clarity of who is at fault, and the willingness of the other party or their insurance company to settle.

If your injuries are relatively minor and the other party accepts liability, your claim could potentially be resolved in a few months.

If your injuries are more severe, requiring ongoing medical treatment, the claim could take longer — often a year or more. It is important to get a clear understanding of your long-term prognosis before settling a claim, as once a claim is settled, you cannot go back and ask for more money if your injuries turn out to be more serious than initially thought.

If the other party disputes liability, this can prolong the process, as additional investigations and possibly court proceedings may be necessary to resolve the dispute. Court proceedings can extend the timeframe, potentially to a few years. However, it is important to note that most cases are settled without going to court.

How much compensation can I get for a pedestrian accident claim?

The amount of compensation you receive for a pedestrian accident claim depends on various factors. These include the severity of your injuries, the impact of the accident on your life, and any financial losses you have incurred, such as loss of earnings or medical expenses.

Compensation is typically broken down into two parts: general damages and special damages. General damages compensate for pain and suffering, while special damages cover financial losses. As your legal team, we will work diligently to ensure that you receive maximum compensation.

What is the average settlement for a pedestrian hit by a car?

Narrowing down an average settlement for pedestrian accident claims in the UK can be challenging due to the range of factors that must be taken into account. Each case is unique, and the settlement can vary based on the specifics of the accident, the severity of the injuries sustained, and the impact on the claimant's life.

Consulting with an experienced personal injury solicitor who can provide an estimated range based on the details of your case will allow you to better understand this. We will work meticulously to ensure we secure the maximum compensation for your claim, reflective of the harm and losses you have suffered.

Why choose us for your pedestrian accident claim?

Our knowledgeable solicitors are on hand to guide you throughout the compensation process following a pedestrian accident, giving us the best possible chance of securing the outcome you deserve. We provide:

• No win, no fee legal representation
• Emergency treatment, where appropriate
• A private medical examination
• Private medical treatment where appropriate
• Loss of earnings recovery

We will provide the direct-dial telephone number for the solicitor who is handling your claim. When the individual who is handling your case is unavailable, you can speak to another member of our team who will help with your enquiry.

Our one-call promise

With just one phone call, we promise to determine whether you have a viable compensation claim. If you do, we will start work for you immediately. Within the first 24 hours, we will arrange a free consultation with one of our injury specialists. In addition, we will send the initial documentation confirming the details of your agreement.

Provided you have details of the person or party at fault, we will make contact with the defendant to start the claims process that same day.

FAQs about pedestrian accident claims

What if the driver failed to stop?

A hit-and-run accident is an incident where a driver involved in a collision fails to stop and identify themselves. This can be a traumatic experience, especially for a pedestrian who might be left injured and alone. In the UK, it is an offence to leave the scene of an accident without providing contact information, punishable by law.

Graham Coffey & Co. Solicitors understands that victims of hit-and-run accidents can often feel a sense of despair or helplessness. However, we assure you that you have options. The Motor Insurers' Bureau (MIB) is an organisation established to assist victims of accidents caused by uninsured or unidentified drivers. If the driver responsible for your accident cannot be traced, a claim can be made through the MIB for compensation. We have extensive experience with MIB claims and can guide you through the process to ensure you receive the compensation you are entitled to.

Can you make a pedestrian accident claim on behalf of a child?

It is possible to make a pedestrian accident claim on behalf of a child. The law recognises that children cannot make legal decisions for themselves. Therefore, an adult, usually a parent or guardian, known as a 'litigation friend', can make a claim on their behalf.

The process for making a claim for a child is slightly different than for an adult. Any compensation awarded to the child is typically held in a special trust fund until the child turns 18. We can advise and assist with setting up such a fund.

Can I make a compensation claim on behalf of someone who has died due to their involvement in a road traffic accident as a pedestrian?

Losing a loved one in a pedestrian accident is a devastating event. During such a challenging time, it is essential to seek legal support. If you have lost a family member in a pedestrian accident, you may be entitled to make a fatal accident claim.

We understand that no amount of money can replace a loved one, but compensation can help cover funeral costs, loss of income, and other expenses associated with the loss. We handle such claims with the utmost sensitivity, offering compassionate guidance throughout the process.

Can I claim compensation for a hit-and-run accident?

If you have been injured in a road traffic accident as a pedestrian and the driver left the scene, you are still eligible to make a compensation claim. If the driver cannot be traced, you can make a claim through the Motor Insurers' Bureau (MIB). We can guide you through this process, helping you to secure the compensation you deserve.

Who is at fault for my pedestrian accident?

Determining who is at fault in a pedestrian accident is not always straightforward and generally depends on the specifics of each case. Both drivers and pedestrians are expected to adhere to the rules of the road, so liability could fall on either party, or both, depending on the circumstances.

• Driver fault: in many cases, the driver may be found at fault. This could be due to factors such as speeding, not yielding to pedestrians at crossings, distracted driving, driving under the influence of drugs or alcohol, or not adhering to traffic signs and signals.
• Pedestrian fault: Sometimes, the pedestrian may be found to be at fault or partially at fault. For instance, if a pedestrian was crossing a road illegally or suddenly stepped into traffic without giving the driver enough time to react, they may be found to be responsible for the accident.
• Shared fault: In some situations, both the pedestrian and the driver may share responsibility for the accident. This is known as contributory negligence. For example, a driver might have been speeding, but the pedestrian might have been crossing the road without using a designated crossing. In such cases, the amount of compensation may be reduced according to the degree of the pedestrian's fault.

Determining fault can be a complex process, which involves gathering evidence, analysing the accident scene, and possibly reconstructing the accident. As experienced solicitors, Graham Coffey & Co. Solicitors are equipped to handle these complexities. We can work with accident reconstruction experts, review CCTV footage, interview witnesses, and thoroughly review police reports to build a strong case that effectively establishes liability.

Can I claim if my pedestrian accident was partly my fault?

In many cases, you can still make a claim if the accident was partly your fault. This is known as contributory negligence. Under UK law, if both the pedestrian and the driver are found to have contributed to the accident, the responsibility is divided between them.

Contributory negligence recognises that more than one party can be at fault for an accident. For example, a driver may have been speeding, but if a pedestrian was crossing the road without looking properly, both parties may be held responsible.

In such a case, the compensation you receive may be reduced proportionately based on the degree of your fault. For instance, if you were found to be 30% at fault, you might receive 70% of the total compensation calculated for your injuries and other damages.

We can provide expert guidance in such complex situations. We will work to build a robust case, aiming to minimise your degree of fault and maximise the compensation you receive. It is important to be open and honest about the circumstances of the accident, as this allows us to provide the most effective representation. Remember, even if you think you may be partly to blame, do not make any admissions of guilt until you've sought legal advice.

Can I still make a pedestrian injury claim if I was hit by an uninsured driver?

Being hit by an uninsured driver can make a difficult situation even more stressful. However, even in these circumstances, you can still make a claim for compensation.

In the UK, the Motor Insurers' Bureau (MIB) is an organisation set up to help victims of accidents involving uninsured or untraced drivers. If you have been injured as a pedestrian by an uninsured driver, we can help you to make a claim through the MIB's Uninsured Drivers' Agreement.

This process involves several steps:

1. Report the accident: it is essential to report the accident to the police as soon as possible. This will not only ensure that the incident is appropriately recorded, but it's also a requirement for making a claim with the MIB.
2. Seek medical attention: even if your injuries initially seem minor, seek medical attention promptly. This helps document your injuries and establish a medical record linked to the accident, which is crucial for your claim.
3. Gather information: collect as much information as you can about the accident. This includes details of the vehicle and driver (if possible), witness information, and photographs of the accident scene.
4. Contact a solicitor: a solicitor experienced in pedestrian accident claims can guide you through the process of making a claim through the MIB, helping to ensure you receive the compensation you're entitled to.
5. Claim submission: your solicitor will help you submit a claim to the MIB, ensuring all the necessary documentation and evidence are in order.

Graham Coffey & Co. Solicitors understands the complexities of dealing with road traffic accident cases involving uninsured drivers. We are here to guide you through this process, providing expert advice to help you secure the compensation you deserve after a distressing incident like this.