Is it possible to claim compensation for being hit by a car on a pedestrian crossing?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You may be entitled to claim compensation for being hit by a car on a pedestrian crossing against the driver of the car that caused the accident; provided that the accident can be proven to have been caused by the negligence of a third party. Sustaining an injury without there being any third party negligence is insufficient cause to pursue a claim for being injured by a car on a pedestrian crossing.
The cause of an accident is not always immediately apparent and even though one driver is usually the sole negligent party in the majority of claims involving pedestrians who have been hit by a car at a pedestrian crossing, there have been occasions where more than one or numerous factors have contributed to the accident in question. Furthermore, if the individual at the core of a pedestrian crossing person hit by car compensation claim is rendered partly to blame for the accident, the issue of contributory negligence will have to be addressed. In this instance, it is likely that the overall compensation figure proposed at the conclusion of a claim for being injured by a car on a pedestrian crossing will be reduced to reflect the injured party’s own lack of care.
Moreover, the injury sustained in the accident must have been severe enough to justify medical treatment being administered. If there has been no injury, you cannot make claims for pedestrian crossing person hit by car compensation as a near miss is not sufficient; even when a driver may not have been paying due attention. That said upon seeking medical care, your injuries will be recorded in your medical history which can be used to support a legal claim.
There are a number of procedures that, if completed, can support your compensation for being hit by a car on a pedestrian crossing claim. If your injuries do not prevent you from doing so, you should make a report of the accident to the Gardai. If the Gardai did not attend the scene of the accident, you should visit the Garda station and submit your report in their accident report book. The driver responsible for the accident should not be relied on to report the accident to the Gardai.
Your pedestrian crossing person hit by car compensation claim will be further supported by the collection of any witness details and photographs that were taken at the scene. Eye witness accounts of the accident are useful when determining that a driver has been negligent and caused an accident.
You would be well advised to speak with an experienced personal injury claims solicitor before initiating action for your compensation for being hit by a car on a pedestrian crossing claim. In the free initial consultation that most solicitors offer, he or she could assess your claim to establish its validity and would be of invaluable assistance when it comes to ensuring that all aspects of your case are sufficiently communicated when completing the Application Form A to the Injuries Board Ireland. Your solicitor could prepare the most comprehensive case file in order to maximise the potential of you recovering your full entitlement to compensation.