Pedestrians account for the most vulnerable category of road users, and road traffic accidents involving pedestrians can cause enormous physical and psychological damage.
Alongside cyclists, pedestrians are known as vulnerable road users (VRUs) as they are prone to experiencing significant injuries in the event of a vehicular collision.
If you are involved in a pedestrian accident that is not your fault, you may be entitled to road traffic accident compensation.
You may want to consider getting in touch with an experienced personal injury solicitor to talk you through the process of filing a claim.
At Hughes & Associates personal injury solicitors, our team have specialist knowledge of road traffic accident claims and we are on hand to advise you and provide a full legal assessment of your situation.
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What is a Pedestrian Road Traffic Accident Claim?
Road traffic accident claims are the most commonly filed personal injury claims in Ireland, and they can cover a broad range of incidents involving road users.
For a pedestrian road accident claim to be considered viable, a pedestrian must have been involved in a road traffic accident that was not their fault.
41 pedestrians were killed in road traffic accidents in Ireland in 2022, representing an increase of double the number of deaths in the previous year.
Attributing blame in a pedestrian road accident can be a difficult part of the process – if elements of your behaviour as a pedestrian are seen to have contributed to your accident, it may be difficult to make a case for compensation.
Who is Responsible for a Pedestrian Road traffic Accident?
In personal injury cases in Ireland, blame can be proportionate – it is important to establish who is responsible for your road traffic accident, but also to what extent they are to blame.
Could the actions of the pedestrian involved be considered careless or was the injury simply the result of reckless driving?
A pedestrian can act with caution but if they do not have the right of way, they may be at fault in a road traffic accident.
Drivers carry a duty of care to pedestrians on the road because they are more vulnerable than those protected by vehicles, and they stand to cause less damage to other parties in a road accident.
Different accidents require different considerations – some cases in which a driver may be proven to be culpable for a pedestrian road accident include:
Pedestrians can also be held responsible for road accidents – in some cases, a pedestrian may be a threat to other road users.
An example of this is a pedestrian being overly intoxicated at the time of a road traffic accident, a circumstance which can make a legal case for compensation far more complicated.
If you are intoxicated and considering walking home, you may be better off trying to hail a taxi or availing of public transport.
Common Pedestrian Road Accident Claims
Pedestrian road accidents usually occur in built up areas like major cities, but there is scope for them to happen on rural roads where drivers may take less care and issues like dim lighting and inadequate signage can come into play.
There are a myriad of accidents that can constitute a pedestrian road traffic claim, but some common altercations include:
Minor Impact Road Accident Claims:
Insurance companies can often argue that the severity of damage taken on by the vehicle in a road traffic accident is a direct indicator of the risk involved for the injured pedestrian. Low-speed crashes, however, can still have huge consequences for pedestrians. Different factors can influence the extent of the injuries in a pedestrian road accident like weight and height.
Car Park Accident Claims:
Car parks can breed all kinds of road traffic accidents due to their congestion. Though vehicles in car parks tend to be travelling at a lower speed, there is scope for pedestrian accidents as people enter or exit their cars. Fortunately, car parks tend to be well monitored and solicitors can often seek access to CCTV footage to back up your claim.
Turning Vehicle Accidents:
Sharp turns require caution from both drivers and pedestrians. Turning can require a lot of concentration if you are behind the wheel, and drivers may be less likely to spot a pedestrian trying to cross the street.
Backing Up Accidents:
A driver may not notice a pedestrian walking past the rear of their vehicle as they are backing out of a driveway or parking spot.
Stopped Bus Accidents:
Pedestrians can be vulnerable as they board or exit a stopped bus, particularly if they are trying to cross the road.
Distracted Drivers Accidents:
If a driver’s attention is diverted by a message reaching their phone, or something or someone in the vehicle providing a distraction, they may pay less attention to any pedestrians on the road and could be responsible for causing an accident.
Hit and Run Pedestrian Accident Claims
Hit and run incidents can cause huge physical and emotional damage, and they can lead to many questions.
If you fall victim to a hit and run, you may want to know if it is possible to still make a road traffic accident claim when the guilty party has already fled the scene.
The answer is yes – you can make a hit and run compensation claim.
Your first action as the victim of a hit and run accident should be to acquire as many details about the incident as you can – try to take note of the licence plate of the driver’s car, or even the make and model of their vehicle.
The incident should be reported to the Gardaí no matter how minor the damage is and, should it prove impossible for them to locate the guilty party, a claim can be brought before the Motor Insurers’ Bureau of Ireland.
Your chances of receiving compensation may be best served by contacting an experience hit and run solicitor to talk you through the process and assess the strengths and weaknesses of your case.
How Much Compensation Can I Claim for a Pedestrian Road Traffic Accident
Compensation for pedestrian road accidents varies on a case by case basis, but there are specific factors that will influence the amount you are entitled to in a successful case.
Contributory factors include:
For a full assessment and estimate of what kind of compensation you can expect to receive from your pedestrian road accident claim, make an inquiry with Hughes & Associates today.
Were you a pedestrian injured in a road traffic accident?
At Hughes & Associates personal injury solicitors, our team has huge experience in pedestrian road accident claims in Dublin , and all manner of legal cases relating to personal injury.
If, as a pedestrian, you think you have suffered an injury that was not your fault, get in touch with your Dublin based team for a breakdown on the options that are available to you and advice on how best to move forward.