Because I was knocked down by a car, can I claim compensation for pedestrian crossing accident?
As long as the accident you were involved in was caused by the negligence of a third party, and you sustained an injury as a result of the accident, you may be eligible to claim compensation for pedestrian crossing accident. It is impossible to make a claim for a pedestrian crossing injury without evidence of third party negligence.
Even though one driver is typically the only negligent party in most claims where a pedestrian has been knocked down at a pedestrian crossing, there are instances when more than one or several elements have contributed to such an accident. For example, if the pedestrian who has been injured in the accident is deemed partially responsible for the accident, the issue of contributory negligence may come into play. If contributory negligence becomes a factor in your claim, it is likely that the amount of compensation for pedestrian crossing accident that you are eligible for will be reduced as a reflection of your own lack of care.
In addition, a claim for your pedestrian crossing injury can only be made if the injury sustained was severe enough to warrant professional medical care. Unless quantifiable emotional trauma can be confirmed by a medical expert, no claim can be made without proof of injury – a near miss is insufficient grounds for a claim to be made. That is why it is highly important for your injuries to have been seen to by a medical practitioner – ideally immediately following the zebra crossing accident – so that they are documented in your medical notes, ready to be used to substantiate your claim.
Another important procedure to complete before initiating action for your claim is to make a report of your accident to the Gardai – if your injuries do not prevent you from doing so. If the Gardai did not attend the scene of the accident – where they would have taken your statement -you should visit the local Garda station and submit your version of events in their Accident Report Book.
Further support for your claim can be obtained from eye-witness statements and photographs taken at the scene. It would have been useful to gather witness details at the scene of the accident, and taken images using the camera function on your mobile phone – if possible – as such support can help in determining that a driver has breached their duty of care to a pedestrian and caused an accident on a pedestrian crossing.
Even if you have not carried out every standard procedure, you would be strongly recommended to discuss the circumstances of your claim for zebra crossing accident with an experienced solicitor at the first possible moment. Your solicitor could evaluate your case in the initial consultation – which most solicitor offer without charge – to establish its viability. It is important that your claim is thoroughly investigated and professionally prepared in order to maximise the potential for success and of recovering compensation for pedestrian crossing accident in the quickest time possible.
