Pedestrian injuries resulting from a motor vehicle accident often involve serious injuries and can be the most devastating experience for a victim of a road accident. Many pedestrian accident victims don’t expect the legal process that follows the accident to be as challenging. A pedestrian accident case is complex and requires attention from a specialist, and experienced solicitors like Watermans are dedicated to providing that attention.
Liability Is Not Always as Clear as It Appears
After a pedestrian accident, the obvious answer is that the driver was at fault, but that’s not always the case. Pedestrian accidents can happen in many situations: a vehicle drives through a red light, a vehicle backs up in a car park, a driver does not stop for pedestrians at a crossing, or a vehicle is on a pavement. The liability analysis in each scenario is based not on assumptions but on first principles, and the facts of the incident dictate the legal argument.
The Contributory Negligence Challenge
One of the most frequently used defences in pedestrian accident cases is contributory negligence, and defendants and their insurers invoke it for a variety of reasons, some more valid than others. The argument is used when the pedestrian was not at a designated crossing area, was dressed in dark clothing at night, or walked into the road without first looking. In Scottish courts, the award is reduced by the percentage of fault found against the pedestrian, and it is necessary to be both prepared and knowledgeable in this field to oppose an unwarranted argument for contributory negligence.
Evidence and the Challenge of Reconstructing the Incident
The specific details of the accident often play a crucial role in pedestrian accident claims, including the exact location of the pedestrian when the accident occurred, the speed of the vehicle, whether the driver had enough time and warning of the pedestrian’s presence, and the conditions of the road and visibility at the time of the accident. The key evidence to establish these facts is CCTV and dashcam footage, as well as witness accounts, and their preservation is time-sensitive. A timely-instructed specialist solicitor will be able to take immediate action to obtain footage before it is overwritten and to identify and contact witnesses before they forget.
The Medical Picture in Pedestrian Accidents
Pedestrian injuries are more likely to be serious than vehicle-to-vehicle injuries because the pedestrian has no protective structure around them at the time of impact. These include fractures of the lower limbs, injuries of the pelvis and spine, traumatic brain injuries, and severe soft tissue injuries. The medical evidence that must support a claim of this kind is of a correspondingly detailed nature, encompassing not only the injuries to be suffered in the short term, but the long-term functional consequences, prognosis for recovery or deterioration, and the full spectrum of care, rehabilitation and employment impacts that a serious pedestrian injury brings.
Why Specialist Representation Produces Measurably Better Outcomes
A solicitor who has direct experience in pedestrian accident claims will have the best understanding of the challenges that may arise when trying to prove a case and establish liability. The capacity to anticipate and counter a contributory negligence defence, to obtain and present appropriate expert evidence, and to value the claim based on all potential future issues, not just the presenting injuries, are all skills that can be learnt through focused experience. A pedestrian accident victim who has hired a specialist has greater protection against an unfair reduction of their award and a better chance of recovering the full value of the costs the accident has imposed on them.
David Prior
David Prior is the editor of Today News, responsible for the overall editorial strategy. He is an NCTJ-qualified journalist with over 20 years’ experience, and is also editor of the award-winning hyperlocal news title Altrincham Today. His LinkedIn profile is here.
