Accidents involving motorcyclists and pedestrians can be devastating, resulting in serious injuries or even fatalities. If you are involved in an accident where a motorcyclist hits a pedestrian, it is crucial to know the appropriate legal steps to take to ensure the well-being of all parties involved and to protect your rights.
Pedestrians Casualty Statistics averaged over the period 2019 to 2023:
- an average of 8 pedestrians died and 106 were seriously injured per week in reported road collisions
- a majority of pedestrian fatalities (57%) do not occur at or within 20m of a junction compared to 46% of all seriously injured (adjusted) casualties
- nearly 3 in 5 (56%) of pedestrian fatalities were in collisions involving a single car
- 29% of pedestrian fatalities occurred on rural roads compared to 12% of all pedestrian casualties
- 57% of pedestrians killed or seriously injured (KSI) casualties were male.
So If you’re hit by a motorcyclist or any other vehicle, it’s crucial to understand your compensation rights, as you may be entitled to more than you realise. Compensation can cover not only immediate medical expenses but also long-term care costs, pain and suffering, lost wages, and even psychological trauma.
Here’s a guide to what you should do after such an accident.
1. Ensure Safety and Seek Medical Help
First and foremost, ensure the immediate safety of everyone involved. If you are a pedestrian, try to move to a safe location away from traffic, provided you are physically able.
Call emergency services right away. Medical assistance is vital even if the injuries seem minor, as some symptoms may not immediately appear. Paramedics should assess the pedestrian’s condition, as well as your own if you’re the motorcyclist involved. When reporting the accident, be clear and concise about the location, the parties involved, and the severity of the injuries.
2. Do Not Admit Fault at the Scene
It’s natural to want to apologise or explain what happened, but avoid admitting fault or making statements that could be interpreted as an admission of liability. The police and legal authorities will investigate the accident to determine fault based on evidence and the statements of witnesses. Any premature admission of guilt could negatively impact your case.
3. Gather Information
If you are physically able and it’s safe to do so, exchange information with the involved parties. This includes:
- Vehicle Information: The make, model, and licence plate number of the motorcycle involved.
- Contact Information: Name, phone number, and address of both the motorcyclist and pedestrian.
- Insurance Information: Details of the motorcyclist’s insurance company and policy number, as well as any applicable personal injury protection (PIP) insurance.
In addition, take photographs of the scene, including the damage to the motorcycle, any visible injuries to the pedestrian, and the surrounding area. This documentation can serve as key evidence in determining the cause of the accident.
4. File a Police Report
A police report is a crucial component of the accident investigation. When law enforcement arrives at the scene, they will assess the situation, collect witness statements, and create a report documenting the incident. The police report will serve as a primary document for insurance companies and legal professionals when determining fault.
5. Seek Legal Assistance
If you are involved in such situations, Contact National Claims, where we can connect you with experienced solicitors. Our legal experts will guide you through the process, ensuring your rights are protected and you receive the compensation you deserve. If you are a pedestrian, solicitors can help you navigate medical bills, potential compensation, and any claims against the motorcyclist or their insurance. For motorcyclists, solicitors can help ensure that you are not wrongfully held liable, especially if the pedestrian’s actions contributed to the accident. Solicitors are also crucial in negotiating with insurance companies, as these entities often try to minimise the pay-out or avoid liability.Â
6. Insurance Claims and Legal Considerations
In the UK, if you are a pedestrian, you may need to pursue a claim through the motorcyclist’s insurance to seek compensation for your injuries. In some cases, the motorcyclist’s liability insurance may cover medical bills and other related costs. It’s important to consult with National Claims where we will put you in touch with a personal injury solicitor to explore your options for compensation and ensure you are fully informed about your rights and the claims process.
7. Follow-Up Medical Care and Rehabilitation
Injuries from motorcycle accidents, such as fractures, head injuries, and road rash, may require long-term care. Keeping detailed records of medical visits and treatments is important for insurance claims or legal proceedings.
8. Avoid dealing with the insurance company directly
When involved in a road accident or any legal claim, dealing directly with an insurance company may not be in your best interest. Insurance companies, being profit-driven, often aim to minimise their payout and may initially appear cooperative but typically offer the lowest possible compensation. Their goal is to reduce costs, even if it means providing you with far less than you are entitled to.
On the other hand, working with an independent solicitor puts your interests first. Solicitors specialise in maximising compensation for their clients, ensuring that all aspects of the claim are thoroughly considered, from medical expenses and property damage to long-term impacts on your health and quality of life. With the expertise of a solicitor, you can secure the highest possible compensation, tailored to your specific situation, without the pressure or manipulation often associated with dealing with insurance companies directly.
Ultimately, while insurance companies may try to settle quickly with a low offer, an experienced solicitor will fight for your best interests, helping you achieve a fair and just settlement.
Conclusion
After a motorcyclist hits a pedestrian, handling the situation with care, cooperation, and thorough documentation is essential for ensuring that everyone involved receives appropriate care and compensation. By following the proper legal steps, you can help protect your rights and work toward a resolution that supports the injured parties, while also considering the broader legal and insurance implications. Seek legal assistance from National Claims to navigate the complexities of personal injury cases and insurance claims.
Free Consultation with National Claims
We recognise that every road traffic accident case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, gather relevant details about the accident, and assess the potential strength of your claim.
Our team will then connect you with a qualified solicitor from our panel who specialises in road traffic accident claims, ensuring that you receive the expert legal representation needed to pursue your case effectively.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
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