4 minute read
In a road traffic situation, a pedestrian is involved in the most vulnerable collision that can occur. The injuries sustained and the long recovery period often result in serious injuries, long recovery times, and the psychological trauma of the experience is also a form of harm that needs to be properly addressed by the law. Even with this, however, many pedestrian accident victims do not seek compensation or settle for an amount that is much less than what their claim is actually worth. A specialist pedestrian accident lawyer knows the extent of what these claims are eligible to recover and why the extent is often underestimated.
Why Fault Is Not Always Clear-Cut
After a pedestrian is involved in an accident, it is easy to assume the driver is obviously responsible. This is often true, but the legal situation is not as straightforward as it seems. In pedestrian cases, drivers can and do make contributory negligence arguments, such as that the pedestrian unexpectedly stepped out of the road at a crossing outside the designated crossing point or was distracted at the time of the collision. Specialist lawyers know their way around the law on pedestrian conduct in particular circumstances and how any fault on their part diminishes the award. In contrast, general practitioners are not as consistent in this area.
The Full Scope of Recoverable Losses
Often, pedestrian accident victims will settle when they don’t fully understand what they can seek to recover. The amount of general damages for injuries themselves is understated, but the extent of any special damages is not. Not only are lost wages in the recovery period, but also the expense of the medical treatment and rehabilitation, the expenses of making a home or vehicle safe for recovery, the cost of care provided by family members, and future losses, which extend beyond the recovery period, are all legitimate parts of a well-constructed claim. A specialist pedestrian accident lawyer ensures that all recoverable heads of loss are identified, evidenced, and pursued.
Psychological Injury as a Compensable Harm
The psychological impacts of being hit by a vehicle are sometimes overlooked and can be quite profound in the construction of the claim. Post-traumatic stress disorder, fear of crossing the street and depression due to a long recovery period or permanent disability are all claims of their own. Where a psychological injury is involved, as well as a physical injury, medical evidence on that injury is as relevant as medical evidence on the physical injury and is as important as the physical evidence; a lawyer who commissions and presents such evidence will ensure that the claim accurately represents the psychological impact of the incident, as well as its physical impact.
Child Pedestrian Claims and Their Specific Considerations
Claims made by child pedestrians raise extra legal issues about the standard of care that a driver is expected to provide to children; about how claims involving young children with limited understanding of road safety are assessed for contributory negligence; and about the management of compensation payments to child claimants. Pedestrian claims are unique to child claims and distinct from general personal injury claims. It yields results which reflect the special legal protection and consideration given to the youngest and most vulnerable road accident victims.
Fatal Pedestrian Accidents and Bereavement Claims
The most serious pedestrian accidents involve fatalities, which give rise to a different type of claim under the Damages (Scotland) Act that the family of the deceased brings. These claims include the grief and loss experienced by close relatives, the loss of future earnings if a person’s dependents were provided for and the cost of the death. Pursuing bereavement claims is an emotionally challenging process, and constructing the claim accurately is a legal challenge. In these circumstances, specialist legal assistance is more than just about securing the best possible financial outcome. It’s about ensuring the family can grieve and that the legal process is handled competently and sensitively, as the situation requires.
The Instruction Timing That Matters
The time immediately after a pedestrian accident is when evidence is most readily accessible to help resolve the claim. The time-sensitive elements are scene evidence, CCTV video with short retention times, witness recollections (when they are fresh), and the medical picture of injuries at their peak. A specialist lawyer will be able to preserve this evidence before it can be lost and provide a solid foundation from the start.
