Vulnerable road user accident compensation claims

Road traffic accidents will be devastating for all those involved, and some individuals can be more vulnerable than others on our roads.  Pedestrians, cyclists and motorcyclists tend to have little to no protection when using the roads so when a collision with a vehicle happens it can have serious and traumatic consequences. 

We know that if you or a loved one has experienced a life changing incident of this nature, you will have questions and be facing a time of adjustment, financial worry and emotional upheaval. 

We are here to help. 

Whether you have questions about making a no win no fee claim for compensation, rehabilitation, medical needs or future long term care and alterations to your home, our expert team of Personal Injury Solicitors are here to assist and support you.  We have answered some of the most frequently asked questions about incidents of this nature to put your mind at rest, but you can still contact us on 0800 91 92 30 / injuryteam@warnergoodman.co.uk to discuss your particular situation with a member of the team. 

What are the main causes of pedestrian accidents?

Unfortunately, pedestrian accidents are common in the UK, normally involving a collision between someone who is on foot and a vehicle such as a car, lorry or bus but it could also include a collision with cyclists, motorcyclists or e-scooter users, who are also classed as vulnerable road users.  Due to the nature of such incidents, injuries can range from bruises and broken bones through to more life changing and catastrophic head, brain or spinal injuries.

The Road Traffic Act 1988 requires all road users to take responsibility for the duty of care that they owe others on the road.  The fault of such incidents can lie with either party, and if the fault was not yours then you may be able to claim compensation from the other party.  A negligent driver could be at fault if they were speeding, not paying due care and attention to the road and surroundings or they were driving under the influence of drugs or alcohol. 

There are ways that pedestrians can avoid potential incidents with vehicles by following the correct Highway Code, minimising distractions through mobile phones and wearing headphones, and ensuring they are visible through their clothing choices and not crossing at a point where they may be hidden from oncoming traffic.

As a pedestrian, it may be considered that the incident was your, or partially your, fault, but we can discuss this with you at the time of your contact with us and help you understand the likelihood of success for your claim for compensation. 

What should I do if I have been injured as a pedestrian?

We know that following an incident, your initial reaction will be one of shock.  At the time of incident, once you have removed yourself and others from any remaining danger, ensured your safety and contacted the relevant authorities such as the police or ambulance service, you should obtain as many details as possible, including:

• The name, contact details and insurance details of the other party involved in causing the incident
• The details of the vehicle involved including make, model, colour etc
• Statements from others around you who may have seen the incident, along with their names and contact details
• Photos or videos of the scene and any CCTV that may be located nearby.

After this, in order to support your claim in the future, we would ask you to:

• Report the matter to the police, if you have not already done so at the scene, and keep a copy of their report.
• Seek medical attention if this was not already sought at the time of the incident.  This will then be logged on your medical records.
• Keep records of all expenses related to your recovery, for example medical bills, medication, travel etc.
• Keep a record of any changes to your work, a reduction in hours or wages due to the injuries you have sustained as you may be able to claim for loss of earnings if you have not been able to work.

How much compensation am I likely to receive for a pedestrian accident?

As with any injury sustained, the amount of compensation you are likely to receive will depend on a number of different factors including, but not limited to:

• The nature of the incident
• The severity of your injuries
• The level of care you are currently receiving and are likely to need in the future
• The impact the injuries have had on your day to day life, including your ability to work and perform your usual duties.

While it is impossible to specify how much you could be entitled to, you can use our Personal Injury calculator for a guide as to how much you may receive. 

What are the main causes of cyclist accidents?

Cyclists are considered to be vulnerable road users as they have a limited amount of protection when using the road.  While they may have their helmet, this tends to be the only form of protection and so an incident, particularly if they are travelling at speed, can be catastrophic. 

Incidents with cyclists can be due to the negligence of other road users, such as vehicles or motorcyclists but they can also be due to the negligence of local authorities, for example, if there are potholes or damage to the roads, if there is inadequate lighting or missing road signs.  In addition, you could also be eligible to bring a claim if you have sustained injuries due to a faulty bike or helmet.

How do I make a compensation claim following a cyclist accident?

There are several stages involved in making a claim for compensation, which begins with you contacting a member of our Personal Injury team for a free review of the accident and your injuries.  During this review, we will ask for the following details, which we know may be difficult to discuss, but we will go at your pace and reassure you during any times of uncertainty:

• The circumstances that led to the accident;
• The injuries you sustained and the impact they have had on your life and those around you;
• The medical support you have received so far;
• The change to your working life and whether you have been unable to work;
• Any alterations you have had to make to your home, or are required to make to your home, to assist with your care.

Should you wish us to take on your claim, we will then ask for the following evidence:

• The contact details for the person or organisation that is supposedly liable for the incident;
• Any medical evidence you have to support your claim;
• Records of the expenses involved in your treatment so far and loss of earnings, as well as the damage that was caused to your bike, helmet and clothing.

We will then contact the person or insurance company representing the party to seek liability.  The subsequent stages will then be determined by whether they accept liability, but we will talk you through every step of the way and answer your questions with compassion, understanding and respect.  During these first stages, we will also work with you and connect you with our network of medical, physiotherapy and rehabilitation specialists to ensure you are receiving the best care possible towards your recovery.

When discussing your claim with you, we will review whether there are any factors that could impact your claim, for example, if you were not wearing your helmet at the time of the accident and your injuries could have been lessened if you had been wearing one, there could be a deduction made to your compensation.

What can cause a motorcyclist road accident?

Road safety charity, Brake, has stated that motorcyclists are 63 times more likely to be seriously injured or killed in an accident than car drivers.  There are numerous ways in which a motorcyclist can become injured on the roads:

• Road defects impacting your bike’s stability, for example, potholes, broken tarmac or spills.
• Negligence due to another road user causing you to crash.
• Lack of proper road signage or lighting.
• Defects to your motorbike or protective equipment.

A motorcyclist may have protective clothing and a helmet but these sorts of incidents, often caused at speed, can lead to catastrophic injuries, ranging from ‘road rash’, soft tissue injuries or bruising, to broken bones, or serious head, spinal and brain injuries.

Whether you or a loved one has sustained injuries as a pedestrian, cyclist or motorcyclist, our experienced Personal Injury team know that you will be feeling uncertain and have more questions than we have addressed here.  For the majority of Personal Injury claims, unless you are under 18 or the injury has impaired your mental capacity, you have a three year time limit from either the date of the accident or the date of knowledge, so we would always recommend you contact us as soon as possible to discuss your prospects.

Find out how we can help you by calling us today on 0800 91 92 30 or email injuryteam@warnergoodman.co.uk.  You will receive a free review of your accident, during which we will discuss the severity of your injuries and the impact they have had on yours and your family's life.  We can then advise as to whether we can assist with your claim and provide you with further information and support regarding the process and any additional rehabilitation needs you may have. You can also discover how much compensation you could potentially receive by using our Personal Injury Compensation Calculator.