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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    True or false? As a pedestrian, you’re never at fault in a car accident


    The statement ‘a pedestrian is never at fault in a car accident’ is not true.

    While drivers do have a duty of care to drive in a manner that does not endanger other road users, there are times when pedestrians make mistakes that leave drivers with no way of preventing a road traffic accident.

    Pedestrians at fault in a car accident: Sudden appearances

    If, for example, a pedestrian comes running out of nowhere in front of a passing vehicle, the driver may not be able to stop in time to prevent an accident on the road even if he or she was not doing anything wrong at all.

    In this case, the pedestrian would be at fault in a car accident.

    Pedestrians fault in a car accident: Lack of attention

    In a similar way, you may be at fault in a car accident as a pedestrian if you simply walk into the road on a zebra crossing, for instance, without even checking for passing cars.

    Again, even a perfectly alert and careful driver may not be able to prevent a traffic accident if you step out right in front of them.

    Establishing fault in a car accident

    Whether you are a pedestrian, cyclists or driver, if you are involved in a traffic-related accident, it is always necessary to gather evidence to help establish who was at fault. This includes:        

    • Getting names and contact details of witnesses
    • Exchanging details, including names, addresses, insurance details, vehicle registration, colour, model and make, with all parties involved in the road accident
    • Getting copies of police reports and the details of officers attending the scene
    • Taking photos of the scene, damage to vehicles and injuries suffered

    If you were not at fault, you could be eligible to make a pedestrian, cycling, passenger or driver injury claim, so it is important to get your injuries seen to by medical professionals and documented in your medical records as soon after the motoring accident as possible.

    Making claims

    Basically, anyone injured hurt by a car accident that was not their fault could be entitled to personal injury compensation.

    You can learn more about making a claim and enlist the help of an Accident Advice Helpline no-win, no-fee* lawyer by calling our freephone helpline.

    Calls are confidential and obligation-free and both lines, 0800 689 0500 for calls made from landlines and 0333 500 0993 for calls made from mobiles, are open 24 hours, Monday to Sunday, all year round. Alternatively, you may wish to take  the 30-second test on our website to make first contact with us.

    Accident Advice Helpline (or AAH) is a trading name of Slater and Gordon UK Limited, a company registered in England & Wales with registration number 07931918, VAT 125 446 327, registered office 50/52 Chancery Lane, London WC2A 1HL and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority and authorised and regulated by the Financial Conduct Authority for insurance mediation activity.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.