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| Road Traffic Accidents --- Pedestrian Injury |
| Introduction |
Road safety is very important. All travelers must follow certain safety rules and take necessary precautions. Law helps those who were wrongfully injured during a road accident. If you think that you were wrongfully injured in an accident while walking as a pedestrian, you will be able to recover compensation for your injury and other losses from the driver of the car responsible for the accident.
Normally, you must draft a claim as soon as possible after the accident. However in most cases you may need to consult an attorney who will guide you through the course of action.
You should also chronicle various things. The details of accident, the witnesses, their contact information and any thing that will help you get a fair compensation.
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| The Law Says, |
Pedestrians are required to follow certain traffic and signal rules and comply with the Green Cross Code. It is a case of negligence if either you or the driver failed to abide by the law.
The law sets out customary procedures which all drivers and road users (including cyclists, pedestrians) are required to follow. If either of the vehicle drivers fails to abide with the law, then it is a clear case negligence. The court looks carefully for the circumstances of the accident before deciding on who is/was at “negligence”.
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- Not following traffic signs or signals.
- Forgetting to signal while turning.
- Driving above or below the posted speed limit.
- Disregarding weather or traffic conditions.
- Driving under the influence of drugs or alcohol.
The court further looks at the direction in which you were walking, the weather and road conditions and precautions which either of you could have taken to avoid the accident.There could be other things that the court looks at, firstly it may look whether there was a defect in the car which may have caused the accident, and it may look at malfunctioning of the signal and many such things. So it is advisable to approach an attorney who has in-depth knowledge about the little things that you may miss or not know.
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If the driver is responsible for the accident and you can prove that his negligence is the cause of your injuries, you will be able to recover compensation for:
(i) The pain and suffering caused by your injuries.
(ii) Loss of certain enjoyments in life as a result of your injuries.
(iii) Any wages you already lost and will lose in the future because of your injury.
(iv) Expenses you incurred as a result of your injury, e.g. traveling to the doctor, medication charges, equipment you need to use as a result of your injuries, and similar future expenses.
(v) The cost or value of care you had to have and will need in the future because of your injury.
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| You can claim for host of things such as the cost of employing a professional and the loss of earnings of a friend or family member who provided care to you. In any case you must preserve all the receipts and invoices incurred as a result of your injury, These should be produced in court when you pursue your claim
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| You can claim interest on your compensation. However, your compensation may be reduced if you were partly to be blamed for your injuries. This becomes the case if you did not take enough care for your own safety (e.g. if you crossed the road during red crossing) or if you failed to comply with any obligations put by the law. Your compensation could be reduced if you were to or have received any state benefits to compensate for loss of wages, loss of mobility and care.
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