Pedestrian Crossing Accidents: Solicitor sets out how to claim compensation for injuries suffered whilst using a zebra crossing, pelican crossing, toucon or puffin crossing
Pedestrian crossing accidents claims: Find out what claims for pedestrian crossing accidents are; the different types of crossing and the rules that apply to their use; how to prove a motorist is at fault for the different types of crossings that you might suffer injury on (including pelican crossings & zebra crossings); why passengers in vehicles where the driver is at fault can also claim compensation; how to make claims for children and what you should do if you are injured using a pedestrian crossing.
What are pedestrian crossing accidents claims?
Pedestrians are classed as people who are on foot – walking or running and not using any form of vehicle whether mechanically propelled (such as a mobility vehicle) or propelled by the user (such as a bicycle).
When using several types of road crossing designed for use by pedestrians you might be hit by a car or other motor vehicle (sometimes other road users such as cyclists or electric scooters) causing you to suffering injury.
If you can prove (usually by using a road accident solicitor) that the driver was legally at fault for your accident – you would likely be entitled to claim compensation for personal injury (including psychological injury) plus financial loss & expense as a direct result of your accident. Such actions are known as pedestrian crossing accidents claims.
What are the different types of pedestrian crossing & the rules that apply to their use?
There are a number of different types of pedestrian crossings in England, Scotland, Northern Ireland and Wales, which include:
1. Zebra crossings
Zebra crossings have red and white parallel lines across the road – typically with flashing round lights at each side of the pavement were the crossing begins and ends.
The presence of a zebra crossing should put motorists on notice that pedestrians might be about to cross so care should be taken even if within the speed limit in the approach to the zebra crossing.
A pedestrian should heed the traffic before stepping onto the zebra crossing, but once on the crossing a pedestrian typically has the right of way.
It is extremely rare that you will ever be found 100% at fault for pedestrian crossing accidents no matter how careless you have been – this is especially the case for zebra crossings.
In the majority of cases – motorists will be found at fault for not approaching the zebra crossing with due care, although a you might be found as a pedestrian to have contributed to your injuries if care was not taken when using the crossing.
2. Pelican crossing
A pelican crossing is a crossing pedestrian crossing with lights. The crossing is controlled by pedestrians who press a button to allow the lights to change to stop vehicles on the road and allow pedestrians to safely cross.
Pedestrians should only cross when the green man is showing or continue crossing when the green man is flashing. If the green man is flashing when a you are about to cross the pelican crossing you should not start to across until the next solid green man is shown.
When a red man is showing – you should not attempt to start crossing the road.
Motorists should pay heed when approaching a pelican crossing even if the lights are in the motorists’ favour. Most injuries to pedestrians on pelican crossings will most likely be the fault of the motorist. This is especially true for pedestrian crossing accidents with children involved – even if the lights are not in the favour of the child.
Again – deductions from compensation for contributory negligence are likely if proceeding when the lights are not in the pedestrian’s favour.
3. Toucan and Puffin crossings
Both of these crossings operate in a similar manner to pelican crossings, but have different positioning of the green and red man and allow cyclists to cross as well as pedestrians.
Again pedestrian accident claims are likely to be successful at toucan and puffin crossings – with a risk of deductions for contributory negligence.
Who is liable for pedestrian crossing accidents?
Every pedestrian crossing accident claim is decided on its own facts, but as a general rule motorists will held liable in most instances were an accident at a crossing involves a pedestrian especially if the pedestrian is a child – who is considered a more vulnerable member of society and is typically less careful than an adult when crossing a road.
The Highway Code is a useful source of information as to how motorists should approach zebra crossings and light controlled crossings.
Motorists might include: car drivers, bus drivers, motor cyclists, truck drivers, taxi drivers, van drivers, etc.
See our detailed article how to prove fault for a road accident claim.
Can passengers in a motor vehicle that caused the accident make a claim?
Yes – passengers who are injured in a vehicle due to an accident at a pedestrian crossing are very likely to succeed in a claim against the driver of the vehicle involved in a claim for compensation.
For example – if a car driver hits a pedestrian on a zebra crossing and as a result swerves and hits a bollard or brakes sharply and the passenger in the car as a result suffers head and neck injuries. The passenger is likely to have a claim for personal injury as well as the pedestrian.
Do special rules apply to making claims on behalf of a child?
It is very common that children are the ones who suffer injury whilst using pedestrian crossings.
A child in England & Wales is classed as anyone under the age of 18 years. Special rules apply to making claims on behalf children, which we have set out in our claiming compensation for children guide.
What should you do if you are contemplating making a pedestrian crossing accident claim?
You may be decided that you wish to make a claim or, as is more common, you would like to consider your options and speak to a specialist to help you decide how you would like to proceed.
We understand this, so we provide a number of specialist solicitor online & direct dial telephone free help options – including requesting a free callback, asking and online question & having your potential pedestrian crossing accidents claim assessed.