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Compensation Claim for a Pedestrian Knocked Down by a Car

Is it possible to pursue a compensation claim for a pedestrian knocked down by a car, or is it only other motorists who are allowed to make claims?

It is possible to pursue a compensation claim for a pedestrian knocked down by a car, although a claimant’s ability to access compensation may be reliant on them being able to prove that someone other than themselves was at least partly at fault for their accident. All road users –motorists, cyclists, pedestrians and passengers – owe each other a ‘duty of care’ – meaning that they must bear some responsibility for the safety of others on the road. Although this duty is not ‘absolute’ – meaning that all road users, including pedestrians, must also bear responsibility for their injury, being able to prove that another road user failed in their ‘duty of care’ toward you may allow you to claim for being knocked down.

Although being able to prove that someone else failed in their ‘duty of care’ toward you may enable you to pursue compensation, it is important to note that you must have sustained an injury which required proper medical treatment in order to claim for being knocked down. Even though you have been knocked down, such an event alone does not guarantee that you sustained an injury, and thus does not mean that you automatically qualify to receive pedestrian injury compensation.

Only injuries which require legitimate medical attention at the nearest hospital’s Accident and Emergency department are deemed acceptable for a personal injury compensation claim to be pursued. Simply receiving first aid at the scene or treating your injuries at home is unlikely to be deemed as sufficient enough action to warrant a compensation claim for a pedestrian knocked down by a car. If you have sustained a serious injury and have not yet sought treatment, you should make your way to your nearest hospital’s Accident and Emergency department immediately or make an appointment to visit your local GP.

Having your injuries treated immediately after an accident will allow you to negate the possibility of the negligent driver or their insurance company claiming that you contributed to your own injuries by not having them treated at the earliest possible opportunity. It will also allow your solicitor to access a copy of your medical report – a document which will allow them to more accurately calculate how much your claim for being knocked down is worth.

If it is found that you did not seek medical attention as soon as possible after an accident, your pedestrian injury compensation claim may be jeopardised, or you may not be able to receive your full award. ‘Contributory negligence’ is the term used when a claimant is discovered to have contributed in some way towards their own injury. Usually, this means that the claimant must forfeit some of a compensation settlement – the amount taken reflects the extent to which the claimant is considered to be at fault.

For more information on how to claim for being knocked down, speak with a personal injury claims solicitor at your first available opportunity. Speaking to a solicitor about your claim for pedestrian injury compensation will allow you to find out more about the claims process and the steps you need to take to maximise your likelihood of being awarded compensation. To find out more about your compensation claim for a pedestrian knocked down by a car, speak with a solicitor today.