Can I make a compensation claim for pedestrian knocked down by car?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It is possible to make a compensation claim for pedestrian knocked down by car against the insurance company of the person driving the car; provided that the accident was caused by the negligence of a third party and that the injury sustained was severe enough to warrant medical attention. In the majority of cases filed by pedestrians, the pedestrian was usually not at all responsible for the accident and the potential for a successful claim for pedestrian injured by car compensation is high.
It is important to note that in order to claim knocked down by car pedestrian compensation, it must be determined that the injury sustained was a result of the negligence of the driver of the car who had a duty of care towards you and other pedestrians. If the driver can prove that he or she was not driving negligently at the time of the accident, the compensation claim for pedestrian knocked down by car is likely to fail.
The cause of an accident is not always immediately apparent and, as mentioned above, in many cases one party may be entirely at fault. However, certain situations will see more than one or numerous factors contributing to the accident in which the injury was sustained. Perhaps your own lack of care contributed to the accident – if you stepped out suddenly onto the road without looking, for example. If the issue of contributory negligence does indeed apply in your case, the amount of knocked down by car pedestrian compensation you are entitled to will be reduced to account for the level of liability assigned to the accident victim.
Following an accident, it is of the utmost importance that you have your injuries treated by a professional medical practitioner immediately, even if at first your injuries do not appear to be serious. By attending the local accident and emergency department or even your local doctor’s surgery, your medical records will be updated with details of the injury which can be used to support a claim for pedestrian injured by car.
It is always important for you to make an official report to the Gardai in their accident report book. If the accident was serious enough to justify a Gardai presence at the scene, they would have taken statements from all relevant parties and witnesses, but if the Gardai did not attend you should visit the nearest station at the earliest moment to request that they take details of the accident.
Having your injury noted in your medical records and making a report to the Gardai are just two of a number of procedures that potential plaintiffs are recommended to complete. It is important that your case is thoroughly investigated and professionally prepared in order to maximise the probability of success.
Therefore, it you feel that you have a viable compensation claim for pedestrian knocked down by car, you would be well advised to speak with an experienced solicitor at the first possible opportunity who can assess your claim in the initial consultation that will likely be offered without charge and determine whether you have a claim for pedestrian injured by car that is worth pursuing.