How do I know if I qualify to claim compensation for pedestrian injured by car?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In order to claim compensation for pedestrian injured by car a number of criteria must first be met. For one, the injury you have sustained must have been the result of the negligence of the car driver who had a duty of care towards you at the time of the accident. Sustaining an injury without there being any third party negligence is inadequate cause to pursue a claim for pedestrian car injury compensation.
Additionally, pedestrian injured by car compensation claims need to be justified, i.e. an injury – physical or psychological – must have been sustained. Even where the driver has indeed behaved negligently, even criminally so, a potential plaintiff can only claim compensation for a personal injury. A near miss is generally not sufficient to warrant compensation being awarded.
Liability must be closely examined in cases where the cause of an accident is not always immediately apparent. While in most claims for pedestrian injured by car compensation the pedestrian is almost always entirely blameless, the issue of contributory negligence may come to the fore if, for example, the accident victim stepped out on to the road without looking. In such an instance, the accident victim would not be automatically disqualified from pursuing a claim for pedestrian car injury; however, the amount awarded will likely be reduced to reflect the plaintiff’s own lack of care.
There are several standard procedures to carry out that, if completed, may support your claim. When an accident victim wishes to claim compensation for pedestrian injured by car it is imperative that they can produce official documents proving that their accident and subsequent injury did in fact occur. Immediately following an accident, the victim should be treated by a professional medical practitioner whereby their medical records would be updated. The victim should also make a statement to the Gardai – which would have been taken if the Gardai had attended the scene of the accident. If they did not, the victim should attend their local Garda station and have a record made of the accident in the station’s accident report book.
To further benefit your claim for pedestrian car injury, you should have collected any witness details and taken photographs of the scene. Additionally, any available CCTV footage could prove the exact circumstances of the accident and the driver’s liability. Victims in claims for pedestrian injured by car compensation should also ensure that they have the name, address and the insurance details of the negligent party.
Even if you have not completed the procedures mentioned above, you would be well advised to consult with an experienced personal injury claims solicitor at the first moment possible, following relevant medical care. Your solicitor can assess your case and can help you claim compensation for pedestrian injured by car, if your case is deemed viable. It is important that your claim is thoroughly investigated and professionally prepared in order to increase the potential for success and of recovering compensation for your injury in the swiftest manner.