Pedestrian Crossing Claim: Compensation For Injury On A Zebra, Pelican, Toucan, Puffin Crossing
Find out how to claim compensation and prove a motorists legal fault if you are injured whilst using a pedestrian crossing.
We look at the different types of pedestrian crossing (from zebra crossings and pelican crossings to toucan and puffin crossings) together with the rules that apply to the use of each.
Discover how to prove a motorist is at fault for your accident (both for adult and child pedestrians).
Finally, we explore the unique nature of claiming for child pedestrians and contemplate when a passenger might also be able to claim for injury due to a driving error.
- Pedestrian Crossing Claim: Compensation For Injury On A Zebra, Pelican, Toucan, Puffin Crossing
- What are pedestrian crossing claims?
- The different types of pedestrian crossing and the rules that apply to their use?
- Zebra crossings
- Pelican crossing
- Toucan and Puffin crossings
- Who is liable for pedestrian crossing accident claims?
- Can passengers in a motor vehicle that caused the accident make a claim?
- Do special rules apply to making claims on behalf of a child?
- What should you do if you are contemplating making a pedestrian crossing accident claim?
- FREE legal help
What are pedestrian crossing claims?
A pedestrian crossing claim will generally involve a person on foot injured by a motor vehicle whilst using using a designated road crossing.
If you can prove the motorist to be legally at fault – you might be entitled to make a pedestrian crossing claim for compensation for both your pain and suffering (for personal injury) and your resultant financial loss (such as lost income).
However, there are some other forms of pedestrian crossing claims that can involve non-pedestrians. For example, cyclists or those using foot propelled scooters might be injured whilst using a designated pedestrian crossing.
Pedestrians Are On Foot
Generally – pedestrians are classed as people who are on foot, For example – a person who is walking or running.
Pedestrians do not include people using any form of vehicle, whether mechanically propelled (such as a mobility vehicle) or propelled by the user (such as a bicycle). However; there are some types of pedestrian crossing that do allow bicycles and horses, etc. to cross.
The different types of pedestrian crossing and 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:
Zebra crossings
Zebra crossings have red and white parallel lines across the road . Generally, with flashing round lights at each side of the pavement where the crossing begins and ends.
Duty on a pedestrian at a zebra crossing
A pedestrian should heed the traffic before stepping onto the zebra crossing. However, once on the crossing a pedestrian typically has the right of way.
Motorists much watch out for pedestrians
The presence of a zebra crossing should put motorists on notice that pedestrians might be about to cross.
Therefore, care should be taken by motorists when approaching a zebra crossing. This does not just mean travelling within the speed limit.
The careless pedestrian
Even if you are a pedestrian that has been careless whilst using a zebra crossing – it is extremely rare that you would be considered 100% at fault and consequently unable to make a claim.
However, there may be risk for a reduction in the level of your compensation due to the legal principle of contributory negligence.
Motorists Will Generally Be Considered At Fault
In the majority of cases – motorists will be found at fault for not approaching the zebra crossing with due care. However, a pedestrian might be found to have contributed to your injuries if care was not taken when using the crossing..
Pelican crossing
A pelican crossing is a pedestrian crossing with lights controlled by pedestrians themselves. A button is pressed to allow the lights to change to stop the flow of vehicles before pedestrians can safely cross.
Pedestrians should cross when the green man is showing
Remember – pedestrians should only cross when the green man is showing or continue crossing when the green man is flashing.
However, 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 to pedestrians when approaching a pelican crossing
Vehicle drivers 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 generally be considered the fault of the motorist.
This is especially true for pedestrian crossing accident claims when children involved (even if the lights are not in the favour of the child).
Again – deductions from compensation for contributory negligence are likely if a pedestrian was proceeding when the lights are not in the pedestrian’s favour.
Toucan and Puffin crossings
Both of toucan and puffin crossings operate in a similar manner to pelican crossings, but have different positioning of the green and red man.
Cyclists Can Cross As Well As Pedestrians
Toucan and puffin crossings willo often allow cyclists to cross as well as pedestrians.
Again. pedestrian crossing claims are likely to be successful at toucan and puffin crossings. There is however the risk of deductions for contributory negligence.
Who is liable for pedestrian crossing accident claims?
Every pedestrian crossing accident claim is decided on its own facts. However, as a general rule motorists will held liable in most instances should a pedestrian be injured by a motor vehicle.
Children Are Considered More Vulnerable
When a pedestrian crossing accident claim involves a child generally the chances of success will be higher even if the child was careless when crossing the road.
Children are considered more vulnerable members of society. Therefore typically less careful than an adult when crossing a road.
The Highway Code
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?
We understand that you may be undecided whether you wish to make a pedestrian crossing claim.
However – you should speak to a specialist solicitor as soon as you can.
FREE legal help
We provide a number of specialist solicitor telephone / online free help options. You can ask a question & having your potential pedestrian crossing claim assessed.
Pedestrian Crossing Q&A’s
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