Is it possible to claim compensation for pedestrian hit by car?
It may be possible to claim compensation for pedestrian hit by car, provided that you meet the main criteria; that you sustained some form of injury as a result of the accident that can be proven by your medical records, and that the injury you sustained was caused by the negligence of the driver of the car that hit you. It should be noted that although drivers had a duty of care towards pedestrians, you are also responsible for being alert and aware of oncoming traffic. If it transpires that the driver was not driving in a negligent fashion at the time of the accident and, the claim for pedestrian knocked down by car will fail.
In many scenarios, one party – the driver – would be completely to blame for the accident in which a pedestrian sustained injuries. However, in other cases, numerous factors may have contributed to the cause of the accident or the extent of the pedestrian accident injuries – if the pedestrian in question stepped out onto the road without looking, for example. Under such circumstances, the issue of contributory negligence may become an issue, and the overall value of the compensation for pedestrian hit by car may be reduced to reflect the plaintiff’s own lack of care.
The total amount of compensation awarded to the pedestrian knocked down by car in the event of a successful claim will depend on the circumstances of the accident and the effect the injury has had on the plaintiff’s life. When an application for assessment is submitted to the Injuries Board Ireland, they calculate the amount of compensation for the physical injuries sustained by referring to the medical notes that should be sent along with the application form, and by taking the plaintiff’s age, sex and general state of health prior to the accident into due consideration.
However, your physical injuries are not the only factor taken into account when measuring the value of your claim. For example, any quantifiable psychological trauma that has been verified by a medical practitioner will also be included. Your ‘loss of amenity’, i.e. how the pedestrian accident injuries have affected your quality of life can also be compensated for. Moreover your claim may well include an aspect of “special damages” such as loss of income, alternative transport costs and medical expenses.
You would be well advised to consult with an experienced solicitor as soon after seeking medical treatment as possible. The Injuries Board will make their calculations based on the information you provide them with, and any omissions or errors may lead to a reduction in the amount of compensation you are genuinely entitled to. Your solicitor can complete the application for assessment on your behalf and can ensure that all aspects of your claim are adequately represented.
It is important that your case is thoroughly investigated and professionally prepared in order to increase the probability of success and of recovering compensation for pedestrian hit by car in the quickest time possible.