Pedestrians often incur terrible injuries from road accidents due to their vulnerability. If a car struck you, you have the right to be compensated for your injuries and losses. Compensation can be claimed on the basis of the injury, ranging from £1,000 for minor injuries to over £100,000 for severe or fatal cases. This guide will assist you in understanding pedestrian accident compensation claims, including several factors influencing the claim amounts process.
What is a Pedestrian Accident Compensation Claim?
A pedestrian accident claim Scotland is a legal procedure that an injured pedestrian may undertake to receive compensation from the other party involved in the accident. In most cases, this would be the vehicle driver. These types of claims can cover various costs, such as medical bills, unearned wages, pain and suffering, and other damages.
Common Causes of Pedestrian Accidents
Understanding the causes of road traffic accident claims Scotland, especially pedestrian accidents, can help in proving liability. Some common causes include:
1. Driver Negligence
- Speeding
- Distracted driving (e.g., mobile phone use)
- Running red lights or stop signs
- Failing to yield at pedestrian crossings
2. Poor Road Conditions
- Lack of pedestrian crossings/no directional signs
- Not enough light or badly placed lights
- Slippery or uneven pavements
3. Weather Conditions
- Raining, fog, snow, and ice reduce driver visibility
- Slippery roads lead to loss of vehicle control
4. Pedestrian Negligence
- Jaywalking
- Not adhering to traffic controls/ Missed signals
- Distracted pedestrian walking (phone usage)
Key Factors Affecting Compensation Amounts
Several factors determine the compensation amount in pedestrian accident claims:
1. Effect of Injuries
Worst case scenario injuries result in higher compensation.
2. Medical Expenses
The total claim is expected to meet the extra costs for admission into the hospital or clinic, surgery or repair, physical therapy, and, when necessary, other medical professionals.
3. Loss of Earnings
Not active pay from the employer within a certain period or complete loss of potential income.
4. Pain and Suffering
A compensation per diagnosed condition for hardship, ache, and non-active injury, malignancy, or distress.
5. Long-term Impact
Permanent disabilities or a reduced quality of life may increase the claim value.
6. Liability and Fault
If the pedestrian shares some blame for the accident, the compensation may be reduced.
7. Insurance Coverage
The compensation on your claim will also depend on how much money the other driver’s insurance plan covers.
Average Compensation Amounts
This amount varies greatly for each individual and their particular situation. However, the rough estimates of the compensation are as follows.
- Minor injuries (bruises, sprains) – £1,000 to £5,000
- Moderate injuries (fractures, soft tissue damage) – £5,000 to £25,000
- Severe injuries (head trauma, spinal injuries) – £50,000 to several hundred thousand pounds
- Fatal accident dependents are likely to require more than £100,000 to cover funeral costs and other expenses.
Steps to Make Pedestrian Accident Compensation Claims
1. Seek Medical Attention
Get medical help as soon as possible, and make sure to document every part of the treatment you receive.
2. Report the Accident
Get in touch with the police and ensure that they file a report of the events that took place.
3. Gather Evidence
Find and collect eyewitness accounts, surveillance footage, and images of the location of the accident.
4. Seek Expert Advice
Reach out to an Instant Assist using 0141 3453772 so that they can review your case.
5. Submit a Claim
Once you instruct the expert, they will get in contact with the other driver’s insurance provider to make the claim.
6. Negotiate a Settlement
The individual or company offering insurance may want to agree instead of heading to court. A solicitor is capable of negotiating for you.
Additional Compensation Categories
Beyond standard compensation, you may also be eligible for:
1. Rehabilitation Costs
Includes physical therapy, psychological counselling, and walking aids.
2. Travel Expenses
Reimbursement for attending medical appointments and travel expenses because of mobility challenges.
3. Home Modifications
Compensation for construction alterations such as wheelchair ramps
Time Limits for Making a Claim
In the UK, claims for accidents involving pedestrian injuries must usually be submitted within three years of the accident. Claims for children (those under 18) are essentially frozen until they are 21 years old.
What to Do If the Driver is Uninsured or Untraceable?
In the case that the driver to blame for the accident is unknown or uninsured, you may still be able to claim from the Motor Insurers’ Bureau (MIB) – they handle claims for those who have been the victims of uninsured drivers or hit-and-run accidents.
Conclusion
If you have been injured as a pedestrian in an accident, you may be eligible for compensation. Understanding the factors affecting compensation, the legal process and time limits will help you navigate your claim successfully. Compensation for pedestrian accidents depends on injury severity, medical expenses, and loss of earnings, ranging from £1,000 for minor injuries to over £100,000 for severe cases.
Seeking expert advice from an experienced team of Instant Assist via 0141 3453772. They can ensure you receive the maximum compensation for your injuries and losses.
