Compensation for Pedestrians Injured in Road Accidents
Are pedestrians at risk in a road accident?
Pedestrian Accident Claims Scotland
Pedestrians are the most vulnerable of all road users because of their lack of any physical protection. Not every pedestrian is at risk, while some pedestrians may be lucky enough to escape with a minor injury. But most pedestrians involved in an accident suffer traumatic, life-changing injuries.
People think that driving a vehicle brings with it a particular accident risk. But most modern vehicles come with safety features. On the other hand, pedestrians have no physical protection, so they are more at risk on the road.
The hit of a vehicle can cause a great danger to the human body, even at relatively low speeds. If the vehicle’s driver in query was not behaving carefully, you might have a legal right to file a pedestrian accident claim for compensation.
The legal responsibilities of drivers (Pedestrian Accident Claims Scotland)
Every driver has a responsibility to drive carefully and safely for the sake of himself and other road users. Suppose you have been involved in an accident because of a vehicle driver’s carelessness. If a vehicle behaves carelessly, you may have a legal right to file a pedestrian accident claims Scotland for compensation.
- The Road Traffic Act 1988
- The road traffic Act 1988 is a clear and informative law governing the responsibilities of drivers.
- The Road Vehicles Lighting Regulations 1989
- The Road Vehicles (Construction and Use) Regulations 1986
According to Highway Codes, drivers must make sure their vehicles are safe for other road users, and drivers must also be in good shape to drive. According to Rule 90, the driver should report any conditions which affect their driving to the DVLA, and by Rule 92, the driver should be able to read a vehicle number plate from 20 meters away. Another rule says that a driver must not drive under the influence of alcohol or drugs.
Accidents caused by poor road conditions
If your injury was the cause of a secondary accident primarily caused by poor road conditions, then the claim will be against the Local Authority. According to the Highways Act of 1980. it is the Local Authority’s responsibility to make reasonable efforts to keep the road safe and secure.
If they failed to do so, by proving their fault, you could receive your compensation. For a strong claim, you must gather evidence, like reports of road inspection, complaints regarding that road, and you can also request CCTV footage of the accident.
Claiming compensation on behalf of an injured child
If you are the legal representative/nominee of an injured child younger than 18, you can claim compensation on his behalf. You can claim at any time up to the child’s 18th birthday. You will have three years to make a claim, but this period does not start until the child’s age is 18. After his 18th birthday, they can claim for themselves within three years.
How to make a successful pedestrian accident claim?
Assessing your damage should be your topmost priority after any road accident. First, you need to show that you are suffering an injury by that accident to prove that you need a medical report and police report.
Then secondly, you need to prove that the vehicle’s driver was driving carelessly or the accident was his mere fault. Most vehicle’s driver denies their responsibility. To prove that he was responsible, you need:
- Photographs of the scene.
- photographs of your injuries
- any witness
- CCTV footage
- your complaint at the police station
What should I do following the accident? (Pedestrian Accident Claims Scotland)
In accident times, things happen so fast, and you may be unsure who is to blame and whether you have any legal right to make a pedestrian accident claims. But just like other personal injury claims, if you are an innocent victim of an accident, you have the legal right to make a claim.
Of course, assessing your damage should be your primary priority after any road accident. If you are severely injured, call for an ambulance right away. Even if your injuries do not look severe, you should get medical treatment.
It is not only good for your health but also your case. The written records of the police and Medicare are used to strengthen your case.
If you can, there are many things you can do immediately after the accident that will help to strengthen your pedestrian accident claims Scotland. You should get the contact details of other people around who saw what happened. These people can help give witness statements to strengthen your claim.