When cars collide with pedestrians there is a high risk of serious injury.
Often we have been asked to deal with cases where a pedestrian has been seriously injured as a result of a collision with a vehicle in circumstances where the facts are not known.
Establishing liability can be complex and the use of accident reconstruction evidence common.
Pedestrians can be reluctant to seek the advice of a lawyer if they feel they have in some way contributed to the accident but it is worth bearing in mind that The Highway Code of Practice imposes upon the driver of a vehicle duties to keep proper lookout; to drive carefully and to give himself or herself a reasonable opportunity to react and to take action to prevent collision.
It is important not to delay in bringing proceedings in order to preserve the quality of the evidence eg the quality of memory of witnesses reduced. Jackson v Murray, 14th June, 2012 www.scotcourts.gov.uk/opinions/2012CSOH100.html involved a 13 year old alighting from a school minibus and being struck by a vehicle whilst crossing the road. It has an interesting discussion about speed and its consequences and analysis of failure by the defender to exercise reasonable care.
The courts often can and do apportion liability if there is contributory negligence on the part of the pedestrian but rarely do the courts find 100% in favour of the driver.
If you are a pedestrian or know a family member in this situation then contact The Glasgow Law Practice. We can investigate your case on a no win no fee basis.
