Posted on Apr 14, 2015 in Personal Injury by Caroline Kelly
New statistics show a 1% increase in pedestrians killed or seriously injured on Great Britain’s roads compared to the previous year.
I was sad to read of two separate road traffic accidents on the same day in Broughty Ferry last week, where two pedestrians were knocked down, with one suffering a serious head injury. Such news, alongside statistics which show a 1% increase in pedestrians killed or seriously injured on Great Britain's roads compared to the previous year serves as a reminder that despite the longer days and better weather, care still needs to be taken on our roads.
It is generally accepted that a driver of a car or other vehicle can do much more harm to a pedestrian than a pedestrian can do to any other road user. On that basis, it is often the case a driver is more to blame than a pedestrian even when witnesses make statements such as 'The driver had no chance' or 'She just stepped out'.
Many factors can come into play in cases involving pedestrians. The presence of parked cars, visibility for the driver, visibility for the pedestrian and the presence of pedestrian crossings can all have an impact on how a civil court in a compensation action might apportion blame in these types of cases.
Equally, where the pedestrian is a child, it is often the case that a court will find that there is a greater responsibility on drivers where children are around, particularly given that the Highway Code highlights the need to be particularly alert to children running out from in between parked cars.
Ultimately, there is a responsibility on both drivers and pedestrians to take care on the roads and whilst witnesses can often be ready to blame the pedestrian completely for the accident, often the legal position isn't as clear cut.
Caroline Kelly is a Partner and Solicitor Advocate in Personal Injury. If you have any questions about making a personal injury claim, please contact Caroline on 01382 229111 or email email@example.com
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