Road traffic accidents: pedestrians awarded compensation
- AuthorKate Sweeney
Compensation of £14,000 has been awarded to a seven year old boy who was hit by a car whilst using a pedestrian crossing.
Liam Brickell was only three years old when he was hit by a disqualified and uninsured driver. He sustained major cuts and bruises which resulted in permanent scarring for which he will need cosmetic surgery. He also suffered a six inch gash to the back of his head which led to chronic headaches lasting six months. The compensation award will go some way towards funding the boy’s plastic surgery.
In another incident, a pedestrian injured after being hit by a car as he tried to cross the road could be in line for a multi-million pound compensation award after it was ruled by a High Court judge that the motorist who struck him was driving too fast.
25-year old James Sedge suffered catastrophic injuries when he was hit by BMW driver Christopher Prime in Sheerness five years ago. He was thrown across the road and hit a bollard, sustaining serious head injuries which have left him needing round the clock care.
The judge ruled that the driver was 75 per cent responsible for the accident because Mr Sedge had stepped out into the road without looking. He would therefore be compensated on the basis of 75 per cent liability. Despite this, because of the extensive severity of his injuries and his need for constant care, and the lifelong financial losses sustained by his family, the award will still be substantial.
Shared responsibility for accidents
It is not uncommon for responsibility to be split in road traffic accident cases involving injuries to pedestrians because on occasion, part of the blame can lie with the pedestrian. Ultimately, it normally rests with a judge to decide how to apportion the blame and what percentage of any compensation due will be awarded to the injured party. It’s a complex process, and calls for high level legal representation to effectively state the case of the injured pedestrian to ensure they receive the maximum possible award, and that they are not unnecessarily penalised.
Stephensons’ personal injury lawyers are specialists in road traffic accident claims and have extensive experience in representing injured pedestrians, including those who have been struck by uninsured drivers for whom we pursue claims via the Motor Insurers’ Bureau. Even where pedestrians are partly responsible for the accident, we can still command extremely high levels of compensation.
To speak to one of our dedicated road traffic accident claims lawyers, call 01616 966 229.
By personal injury solicitor and Stephensons’ Partner, Kate Sweeney