Case study: over £21,000 for pedestrian injured at pedestrian crossing

Our personal injury solicitors helped a client claim compensation for injuries she sustained after being hit by a car whilst using a pedestrian crossing.

Accident circumstances and injuries sustained

Our client, Ms M, was using a light-controlled crossing to cross the road. She noted that there were no cars present so began to cross. Whilst she was walking across, a car turned from the main road into the side road Ms M was crossing, driving through the crossing and colliding with Ms M, causing her to be thrown to the ground.

As a result of the accident, Ms M sustained the following injuries:

• A fracture to her spine (L1)
• Soft tissue injuries to her neck and knees

Claiming compensation for personal injury

Ms M instructed our personal injury solicitors to help her claim compensation for her injuries.

Our team submitted a claim to the Defendant’s (driver) insurer. They admitted primary liability for the accident but alleged that Ms M was partially responsible for her injuries. A Police report was obtained which suggested that, as Ms M crossed the road when the light was green for traffic and red for pedestrians and was wearing dark clothing at night, she should accept some fault (contributory negligence) for the accident and proposed a 30% deduction in compensation.

Our solicitors considered the evidence and discussed this with our client. We did not agree that the proposed 30% deduction was fair, as Ms M was established on the crossing, was there to be seen, and the Defendant should have taken further care when turning into the road. We therefore made an offer for our client to accept 15% of the blame, which was accepted.

Ms M’s insurers arranged physiotherapy and chiropractic treatment to aid her recovery. She required approximately four months off work before returning to light duties whilst undergoing physiotherapy.

Settlement of the personal injury claim

Whilst negotiations were taking place, our client was diagnosed with cancer which was unrelated to the accident but as she was undergoing procedures, she was keen to resolve the claim to focus on her treatment.

With careful communication and appropriate correspondence, we extracted a well-placed offer from the Defendant. The Defendant’s insurer offered a settlement of £21,250, giving Ms M the option to settle the claim without obtaining full medical evidence. This was accepted as Ms M was keen to put the accident and claim behind her.

Contact our personal injury solicitors

If you’ve been injured in a road traffic accident, as a pedestrian or a cyclist, our personal injury lawyers might be able to help you claim compensation.

For a free, no-obligation chat with our team, call 0117 325 2929 or fill in our online enquiry form.