Ms R was a pedestrian who was struck by the wing mirror of a passing van as she was walking along the side of a road close to the pavement. The accident took place after the van turned at a junction into the narrow street in a position on the road that was too close to the kerb, resulting in the vehicle’s relatively large wing mirror clipping Ms R on the arm, spinning her round and knocking her to the ground.
The van driver stopped immediately, and an ambulance was called which took Ms R to hospital where she was diagnosed with a hairline fracture in her upper arm bone (humerus). Though she went on to make a full recovery, Ms R went through a lengthy period of recuperation and was traumatised by the circumstances of the accident. Due to the fact that she felt the accident was not her fault in any way, she subsequently decided to seek legal advice.
Our Legal Advice
Ms R contacted Bartletts Solicitors after reading about our firm’s experience in pedestrian accident claims, and we went on to represent her in a personal injury claim against the van driver, after the latter’s insurance company had refused to offer Ms R a compensation settlement, having stated in writing that the accident was her fault.
In correspondence with the insurers, we argued that even though Ms R was walking in the road at the time she was clipped by the vehicle’s wing mirror, the van driver should have noticed her and been able to take action to avoid his wing mirror striking her. We were able to obtain a witness statement that backed up Ms R’s view that the van driver was culpable for the accident, and the driver’s own statement to the police in the immediate aftermath also partly supported this view. The van driver was later fined and had penalty points added to his licence for driving without due care and attention, and our client received a compensation settlement totalling £4,250.
Highway Code Changes Give Pedestrians Higher Priority at Junctions
Major changes to the Highway Code came into effect on January 29th, 2022, with new rules giving pedestrians higher priority on the roads and increasing the responsibility of motorists to pay attention to the safety of more vulnerable road users. Pedestrians are top of a new ‘hierarchy of road users’, ranked in order of the level of risk each faces in the event of an accident, with motorists obliged to take greater care and minimise the danger they pose to other road users.
Pedestrians now enjoy new priority at junctions and intersections. Previously, motorists preparing to turn into or off a road at a junction only had to give way when pedestrians were already crossing the road; now, the revised code also gives priority to pedestrians waiting to cross. As per the new hierarchy of road users, motorcyclists, cyclists and horse riders must also now give way to pedestrians crossing or waiting to cross at junctions and intersections.
Critics of the new rules claim that forcing drivers to stop for pedestrians waiting to cross in fast-moving traffic increases the risk of being hit from behind by another vehicle. Another concern is that while a vehicle travelling in one direction may stop at a junction, another travelling in the opposite direction may fail to do so. The potential for differing judgments between drivers and pedestrians to cause confusion and accidents on busy roads is clear, particularly while motorists remain unaware of the new rules or unwilling to follow them.
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For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
