The most common manner in which pedestrians are injured in a road traffic accident is when they are crossing or in the road. There are other situations such as pedestrians being hit whilst they are on the pavement. We find it is relatively common for people not to realise that they can make a claim as they may feel it is their fault for being in the road, not using a crossing and perhaps the police have decided not to prosecute the driver. It is important to understand that the “burden of proof” in criminal law (for driver prosecutions) is completely different to the law in civil claims for personal injury. Even though the police have not prosecuted the driver, you may still have a claim.
Likewise even if you were “partly” to blame, you may still have a claim against the driver (as they were also partly to blame) but the level of compensation you receive may be lowered to reflect this (which is known as contributory negligence). The law places a high burden of responsibility on drivers of vehicles due to the potential harm they can cause to other users of the road, particularly those who are more vulnerable (pedestrians, cyclists and motorcyclists). If you would like further advice, then please do not hesitate to contact us.