Ms D was in the process of crossing a road in a 30mph zone at a clearly marked zebra crossing, while the amber lights were flashing, when a car collided with her and knocked her to the ground. Ms D later stated that she had seen the car approaching the crossing on her left side, and had assumed it would stop, given that the vehicle had plenty of time in which to do so and it was her right of way. The motorist was talking on his mobile phone as he approached the zebra crossing, and later acknowledged that he had been distracted, and was not paying proper attention to the road in front of him at the time.
Ms S was unable to walk following the accident, and a passerby called an ambulance to take her to hospital, where an X-ray showed that she had fractured the tibia bone in her leg and had sustained significant bruising to her upper body. Her recovery took over three months, and she was informed by doctors that she was fortunate that the fracture was non-displaced, and that no complications had affected the healing process.
Our Legal Advice
Ms D contacted Bartletts Solicitors during her recuperation, and after talking with our solicitors, instructed our firm to bring a claim against the motorist and his insurers for her injuries. In correspondence with the relevant motor insurance company, we argued that the driver had clearly not taken due care when approaching the zebra crossing, and this was the direct cause of his vehicle colliding with and injuring our client. Ms D had seen the vehicle approaching, and had rightly estimated that she had plenty of time in which to cross the road safely, meaning that the accident was in no way her fault.
Apart from her physical injuries, Ms D had also been psychologically affected by the accident, and had subsequently become afraid of crossing roads on her own. The insurance company admitted full liability for our client’s injuries on behalf of the motorist, and Ms D later received a cheque for £5,500 in compensation.
Traffic Hitting Pedestrians Causes Serious Injuries and Fatalities
Zebra crossings are one of the most common locations where pedestrians are injured, despite government safety campaigns targeting both motorists and those on foot. Drivers may fail to spot a zebra crossing altogether, or may see it too late, causing them to brake at the last moment. In both cases, a pedestrian using the zebra crossing will risk a major injury or worse. Cyclists can also be responsible for accidents on pedestrian crossings, as many ride recklessly, fearing motor vehicles yet showing blatant disregard for those on foot.
Who is Responsible for an Accident at a Zebra Crossing?
It really depends on the circumstances but pedestrians have the right of way. Zebra crossings are usually clearly marked out with black and white stripes, warning signs and flashing orange lights on either side, yet despite this, vehicles routinely fail to notice them or otherwise ignore them. The absence of a red light telling drivers to stop has been highlighted as one factor contributing towards the number of accidents on zebra crossings. So do pedestrians have the right of way at zebra crossings? The law is clear; pedestrians have a right of way on the crossings, and vehicles of all types must stop when a person is either waiting to cross or has stepped onto the road. Pedestrians are still expected to take reasonable precautions, such as looking left and right before crossing, but the main responsibility for preventing accidents lies with the oncoming traffic.
What Causes Accidents at Zebra Crossings?
Excessive speed, risk taking, lack of concentration and tiredness may all cause motorists to drive erratically and potentially collide with pedestrians using zebra crossings. Most motorists (and increasingly cyclists) will have third party insurance to cover them in the event of a collision with a pedestrian. Where motorists cannot be identified, such as hit and run drivers, or otherwise do not hold insurance cover, claims can still be made against the Motor Insurance Bureau (MIB), a central fund that pays out compensation to victims of road accidents involving untraced and uninsured drivers.
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.
Case Study: Pedestrian Injured After Car Turns Through Red Lights
A recent client of Bartletts Solicitors was injured through no fault of her own when a car ran into her at a crossing. Ms F was walking across the road at a designated crossing point having checked that the road was clear in both directions before doing so. As she crossed, however, a car that was approaching a T junction to her right ran through the traffic lights that had just changed from yellow to red at speed, and turned left in the direction of the crossing. The driver only saw Ms F at the last moment and braked hard, but could not prevent his vehicle colliding with her and knocking her to the ground. Both the driver and another pedestrian came to her assistance and fortunately she was not seriously injured, sustaining bruising to her upper body and a torn ligament in her ankle, as well as being badly shaken up by the incident. Ms F was taken to hospital for precautionary checks, and was discharged later the same day.
Having taken legal advice from our firm, Ms F decided to make a compensation claim against the motorist and his insurance company. In correspondence related to the circumstances of the accident, our solicitor argued that the motorist had been driving without due care and attention, and was completely responsible for the accident and our client’s injuries. The pedestrian who had come to Ms F’s assistance provided a witness statement confirming the latter’s assertion that the road was clear in both directions and seemed safe to cross at the time of the incident. Our client had therefore been duly careful of her own safety, and could in no degree be held responsible. The motorist was also charged with dangerous driving by the police and subsequently lost his licence, confirming his culpability. This was a relatively straightforward case to resolve therefore, and we were able to negotiate a compensation settlement of £5,500 with the motorist’s insurers on Ms F’s behalf.
Case Study: Pedestrian Injured at T Junction
Bartletts Solicitors recently represented a pedestrian who was injured in a road traffic accident while crossing a road close to a T junction. The motorist responsible for the accident was driving up a minor road towards the T junction in a 30mph zone. As he approached he was looking to his right from where he saw a vehicle approaching. Judging that he just had time to pull out in front of the oncoming car, the motorist turned left without properly checking the state of the road in that direction. Because of this, he failed to notice the pedestrian Mr S, who was walking across the road at that moment. The vehicle then collided with Mr S, knocking the latter over the bonnet of the car and onto the road. The driver stayed at the scene of the accident and called an ambulance that took Mr S to hospital, where he was treated for a fractured rib, extensive bruising, concussion, and minor internal bleeding.
Mr S subsequently engaged our firm to represent him in a compensation claim for the injuries he had sustained in the accident. We wrote to the motorist’s insurance company, pointing out that Mr S was perfectly within his rights to cross the road when and where he did so, and that the driver of the vehicle had acted negligently in failing to notice our client crossing the road, and pulling out at the T junction without taking due care. The incident was witnessed by two other drivers, as well as another pedestrian, and their statements helped to confirm our argument that the motorist was fully culpable for causing the accident. Mr S was unable to enjoy his normally active life for two months due to his injuries, and continued to experience distressing flashbacks for months afterwards. After a few months of correspondence full liability for the accident was accepted by the motorist’s insurers, and our client received a compensation settlement in excess of £15,000.
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