Pedestrian accidents can be traumatic, life-altering, and leave you confused about what to do next.
If you believe you were partly responsible for what happened, you may be wondering if you can file a claim and receive compensation.
The short answer is: Yes. However, it’s essential to understand how the law operates in these circumstances.
How does shared blame affect a compensation claim in the UK?
In the UK, if both parties involved share a degree of fault, compensation may be awarded in proportion to the level of responsibility.
Each case is assessed individually, and takes into account the circumstances surrounding the accident including road conditions, visibility, driver actions, and whether both parties took appropriate precautions.
What happens if you’re partly responsible for a pedestrian accident?
Whether you were crossing the road while looking at your phone, or simply didn’t wait until you reached a designated crossing area and were struck by a vehicle, you may still be entitled to compensation.
UK law recognises that responsibility on the road isn’t always one-sided.
While more than half of serious pedestrian accidents in the UK involve some level of error on the part of the pedestrian, courts still often place the majority of responsibility on the driver.
So, even if your actions played a role in the accident, you might still be entitled to compensation for your injuries.
Which laws cover contributory negligence for pedestrians?
Before key legislation came into place in the UK, if a claimant was found to be even slightly at fault for their injury, they would be unable to recover any damages.
However, the Law Reform (Contributory Negligence) Act 1945 allows for damages to be adjusted based on each party’s degree of fault.
So, even if you were not entirely blameless, you can still pursue a pedestrian accident claim.
Over time, UK case law has demonstrated that courts strive to be fair and balanced in their decisions, considering the vulnerability of pedestrians.
What evidence can help to support your compensation claim (even if you’re partly at fault)?
Gathering evidence can help to strengthen your pedestrian accident claim, even if you think you’ve contributed to the accident.
We recommend collecting the following evidence to demonstrate the degree of responsibility of the driver involved:
- Witness statements from bystanders who were present at the time
- CCTV, dashcam or phone videos showing how the accident occurred
- Medical records detailing your injuries sustained from the accident
- Police or accident reports.
- Photos of the accident scene, potholes, traffic signals or signage
How Wafer Phillips can help with a pedestrian accident claim
At Wafer Phillips, we have more than 35 years’ experience handling complex pedestrian accident compensation claims, including those involving shared responsibility.
We understand how overwhelming the aftermath of an accident can be for victims and their loved ones, particularly when you aren’t sure if you can make a claim.
To learn more about how our team can help with pursuing compensation, visit our pedestrian accident claims page.
Afterwards, call us today on 0151 256 7898, or email us at enquiries@waferphillips.co.uk
