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Accidents will happen


Pedestrians and cars – rights and wrongs

Accident, Accident Claim, Claim, Compensation, Injury, injury claim, motor, pavement, pedestrian, Personal Injury, Road Traffic Accident, solicitors, speed

As all too often happens an accident had happened between a pedestrian and a motor car.pedestrian crossing

In these there is always a feeling that more could be done by one or the other.

In this case the pedestrian got out of a car which was parked a few metres beyond a pedestrian crossing on a busy suburban road with shops either side.

She moved to the rear of the parked car, then looked at the road and saw the  car approaching at normal speed.

She misjudged its position and thought there was enough time to cross the road.

The motorist had a clear view of her as he approached, but did not see her.

The front offside of his car struck her when she was almost four metres into the carriageway.

Sadly She suffered very significant injuries including a traumatic brain injury and went onto to bring a claim for compensation.

The judge found that the motorist’s failure to pay proper attention had caused the accident, but that the pedestrian’s share of responsibility was 25 per cent.

The motorist disagreed with this view and appealed and the appeal result re-affirmed the sensible view of use of a car.

There were two aspects to apportioning liability between the parties to a road traffic accident: their respective causative potency and their blameworthiness.

Motorists had a high burden of causative potency because a car usually did more damage to a person than a person did to a car.

The destructive potential of a car, even one driven at a moderate speed, was also relevant to blameworthiness, and made it rare for a pedestrian to be found more responsible than a driver.

Driving a car without keeping a proper lookout where pedestrians were reasonably expected to be present indicated a considerable degree of blameworthiness.

So in these cases it would be that the motorist needed to take ‘more care’ than the pedestrian.

This isn’t going to happen  in every case e.g. the adult who recklessly runs out from the side of the road (note that children cases would be dealt with on similar principles as applied above with children given more leeway and motorists having greater burdens  placed on them when driving near schools or crossings) to above).

If you need help on any injury case at all please do not hesitate to contact Russell Jones or the litigation team on 01623 451111

 

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