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Pedestrian Accident Liability

Pedestrian Accident Liability: Who’s at Fault in Southampton

Pedestrian accidents in Southampton, particularly in areas like SO14 6RX, can have severe consequences, leading to significant injuries and complex legal scenarios. Understanding liability in such incidents is crucial for both pedestrians and drivers to ensure safety and accountability.

Determining Liability in Pedestrian Accidents

In the UK, establishing fault in pedestrian accidents hinges on the concept of negligence. All road users, including drivers and pedestrians, owe a duty of care to each other. When this duty is breached, and it results in an accident, the party at fault can be held liable.

Driver’s Duty of Care

Drivers are expected to:

  • Adhere to speed limits.
  • Observe traffic signals and pedestrian crossings.
  • Remain vigilant, especially in areas with high foot traffic.
  • Avoid distractions, such as mobile phone use.
  • Never drive under the influence of alcohol or drugs.

Failure to uphold these responsibilities can render a driver liable for accidents involving pedestrians.

Pedestrian’s Duty of Care

Pedestrians also have responsibilities, including:

  • Using designated crossings where available.
  • Observing traffic signals.
  • Avoiding sudden entry onto the road.
  • Refraining from distractions, like using mobile devices while crossing.

If a pedestrian neglects these duties and an accident occurs, they may be found partially or wholly liable.

Shared Fault Scenarios

There are instances where both parties share fault. For example, if a pedestrian crosses without looking, but the driver is speeding, both may bear responsibility. In such cases, compensation may be adjusted based on the degree of fault attributed to each party.

Compensation for Pedestrian Accidents

The compensation for pedestrian accidents varies based on the severity of injuries and circumstances. Common claims include:

  • General Damages: For pain, suffering, and loss of amenity.
  • Special Damages: Covering medical expenses, rehabilitation costs, lost earnings, and other financial losses.

For instance, minor injuries like cuts and bruises might result in compensation ranging from a few hundred to a couple of thousand pounds. Severe injuries, such as significant fractures or head injuries, can lead to compensation amounts in the tens of thousands or more. It’s essential to consult with a legal professional to get an accurate assessment based on individual circumstances.

Seeking Legal Assistance

Navigating the aftermath of a pedestrian accident can be daunting. National Claims can connect you with experienced solicitors who specialise in personal injury claims. They can guide you through the legal process, ensuring you receive the compensation you deserve.

Preventative Measures

To reduce pedestrian accidents in Southampton:

  • For Drivers:
    • Stay alert, especially in pedestrian-heavy zones.
    • Adhere strictly to speed limits.
    • Avoid distractions and never drive under the influence.
  • For Pedestrians:
    • Use designated crossings and follow traffic signals.
    • Stay attentive and avoid using mobile devices while crossing roads.

By understanding and fulfilling these responsibilities, both drivers and pedestrians can contribute to safer roads in Southampton.

Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.

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