Pedestrian Accident Claims Solicitors

Pedestrian accident claims solicitors enable you to recover compensation when you have suffered an injury in a street accident due to the negligence of a person or persons who owed you a duty of care. Solicitors who provide legal representation in pedestrian accident compensation claims look beyond the initial trauma that has been suffered and consider what the long-term implications of the injury may be – not only for you as the victim, but for family and friends who may have to provide support for you through your recovery from an injury. To get specific, individual advice about compensation claims for a pedestrian accident, call and speak directly with a pedestrian accident claims solicitor

Pedestrian Refused Compensation for Tripping on a Pothole

Posted on: March 21st, 2016

A pedestrian who was injured when she tripped and fell on a hole in the road has been refused compensation for tripping on a pothole by her local council.

In December 2015, fifty-three year old Barbara Fielding from Blackpool in Lancashire was walking her dog along Windermere Road when she tripped on a pothole and fell onto her face. Barbara suffered a significant head trauma, cut lip and black eye, and was severely shaken by the fall.

On her daughter´s insistence, Barbara attended the A&E Department of Blackpool Victoria Hospital, where she underwent a CT scan to check against a potential brain injury. Although the scan came back clear, it was five weeks before the lump on her head went down and her bruising subsided.

During this time, Barbara suffered from depression and spent much of the Christmas holiday in bed. She has since changed the route she uses to walk her dog as the site of the pothole still traumatises her and, other than walking her dog, rarely ventures outside of her home.

Barbara also took photographs of her injuries and sent them to Blackpool Council, requesting compensation for tripping on a pothole. However, the council refused her request – stating that the pothole on which she tripped was not large enough to qualify for compensation.

In a written reply to Barbara´s request for compensation for tripping on a pothole, the council explained that it regularly conducts inspections of the town´s roads and will repair any pothole with a depth of 40mm or more. The council had inspected Windermere Road in June 2015 and not considered the hole dangerous at the time.

Speaking to the Blackpool Gazette, Barbara expressed her surprise at the council´s refusal to pay compensation for tripping on a pothole. “They say the hole isn’t big enough to be considered a pothole – but how big does a hole have to be?” Barbara said. “They know the extent of the injuries I had because they’ve got the photographs”.

Barbara is now considering her next course of action for, although the pothole on which Barbara tripped has now been repaired, Blackpool Council continues to deny liability for her injuries.

Editor´s Note: In 1978, Pitman v. Southern Electricity Board established the criteria under which it was possible to claim compensation for tripping on a pothole. Claims should be assessed on the length of time that a pothole has presented a risk of injury in relation to the volume of foot traffic on the road where it is located. The depth and width of a pothole should be considered immaterial. 

Street Injury Claims for Potholes Mount Up in the Highlands

Posted on: November 3rd, 2015

According to the Inverness Courier, outstanding street injury claims for potholes and uneven pavement surfaces in the Highlands amount to more than £½ million.

Following a Freedom of Information request to the Highlands Council, the Inverness Courier recently reported that – over the past six years – in excess of £600,000 has been claimed in compensation for injuries sustained within the council´s boundaries due to potholes in the street and uneven pavement surfaces.

As only a fraction of the street injury claims for potholes and uneven pavement surfaces has been resolved in this time, the Highland Council has a potential compensation liability of more than £½ million.

The largest outstanding claim has been waiting more than three and a half years to be resolved, and relates to an Inverness resident who suffered a serious back injury when tripping and falling over a pothole in Inverness City Centre in February 2012. The injured victim is claiming £147,591 compensation.

Many of the other street injury claims for potholes and uneven pavement surfaces also date back for several years. A Fortrose resident has been waiting two and a half years for his claim for a leg injury to be resolved, while a woman who suffered a serious facial injury due to tripping and falling on Inverness´s Southside Road has been waiting nearly as long.

According to data scraped from the Freedom of Information request, more than six thousand potholes and pavement maintenance faults were reported to the Highland Council last year – although it is likely that these figures are inflated due to different members of the public reporting the same fault.

Nonetheless, the Inverness Courier also reports that it is not just the state of Inverness´s pavements that give residents cause for concern. Last year the Highland Council scored third-worst of the thirty-two Scottish local authorities in the Scottish Maintenance Road Condition Survey for the poor condition of the area´s roads.

In response to the Inverness Courier´s article about street injury claims for potholes and uneven pavement surfaces, a council spokesperson said: “In 2014/15 the council set aside funding to be used in identifying and testing better ways to achieve a shift towards more potholes being repaired permanently rather than temporarily and also to identify cost effective and sustainable recycling techniques for more substantial repairs to road construction”.

Pensioner´s Son Demands Compensation for Fall in Street Injuries

Posted on: May 1st, 2015

The son of a pensioner, who was hurt when she tripped over a cracked paving stone, has demanded that his mother receive compensation for fall in street injuries.

Seventy-six year old Gwendoline Smith suffered multiple injuries when she tripped over the raised edge of a cracked paving stone shortly after getting off a bus in Southend, where she had travelled from her home in Noak Bridge in Essex.

Gwendoline – who has crutches to help her balance – fell heavily onto her left side and hit her head on the pavement when she tripped. An ambulance was summoned, and Gwendoline was taken to Southend Hospital with a suspected broken knee.

Since her accident, Gwendoline has attended her local Basildon Hospital for treatment to other injuries she sustained in the accident. These include ongoing headaches, lumps on her head, and pains in her left shoulder and leg. Due to injuries to her face, it is also painful for Gwendoline to speak.

In an interview with the local press, Gwendoline´s son – Michael – demanded that the local council pay his mother compensation for fall in street injuries. He said: “The pavement was cracked and raised up – she caught the corner of it and just went over”.

However, claiming compensation for fall in street injuries is not always straightforward. There is often confusion about what constitutes a hazard (a mythical “one-inch-rule” is often quoted in error) and a court would be more concerned about the proximity of a cracked pavement to the bus stop on Bournemouth Park Road.

A court would also take into account that the council does not have an “absolute” duty of care to identify and repair cracked paving stones. Local Authorities are given a “reasonable” amount of time to identify and repair hazards before they are considered liable in personal injury claims. If the crack in the paving stone had only recently appeared, it may be the case that Gwendoline might not be entitled to compensation for fall in street injuries.

A spokesman for the council said: “We regularly inspect all pavements in the borough and repair any dangerous defects as a matter of priority. We have not had any reports of problems in this area, but of course, we take matters like this seriously and a member of our Environmental Care team will visit the site and inspect the area”.

Teenager Settles Claim for Gynaecological Injuries Caused by a Water Jet

Posted on: April 14th, 2015

A teenage girl has agreed to an out of court settlement of her claim for gynaecological injuries that were caused by a water jet at Blackpool Pleasure Beach.

In October 2009, Shelby Clarke and her family were enjoying a day trip to Blackpool from their home in Manchester. When the family arrived in Blackpool, they headed to Blackpool Pleasure Beach where Shelby (who was fourteen years old at the time) and her friend Sarah spotted the park´s newest attraction – “The Spectacular Dancing Water Fountain”,

The two girls ran across to the attraction – which shot water 200 feet into the air – and joined other children playing among the powerful water jets. However, as Shelby ran across the middle water jet, the jet started to operate and a jet of water hit Shelby between the legs. Shelby immediately felt the need to visit the toilet but, when she got there, the area surrounding her vagina was covered in blood.

An ambulance was summoned and Shelby was taken to hospital. She underwent a two-hour operation, during which time 250 stitches were inserted in and around her vagina. Now nineteen years old, Shelby has a limited sex life and fears that she may never be able to give birth to children. There is also a substantial amount of scarring around her vagina which Shelby hopes can be removed one day by cosmetic surgery.

Shelby´s mother – Karen – made a claim for gynaecological injuries caused by a water jet against Blackpool Pleasure beach Limited – alleging that “The Spectacular Dancing Water Fountain” presented a risk of injury to the children playing around the attraction. Blackpool Pleasure Beach Limited acknowledged it liability for her daughter´s injuries and made an undisclosed five-figure offer of settlement that was accepted by the family.

A spokesman for Blackpool Pleasure Beach Limited apologised to Shelby and her family, and told the media that since Shelby´s claim for gynaecological injuries caused by a water jet, new safety measures have been introduced to prevent children running between the water jets while they are in operation. The measures include staff monitoring the perimeter of the attraction and announcements being made immediately before the water jets are about to start operating.

Compensation for Zebra Crossing Injuries Settled Out of Court after Negotiated Agreement

Posted on: October 6th, 2014

A claim for compensation for zebra crossing injuries has been settled out of court after the negligent party´s insurance company agreed to settle the claim in full.

In December 2011, Janet Churchley was crossing Carr Lane in Hull city centre when she was hit by a car whose driver had been distracted on the approach to the zebra crossing she had just stepped onto. The impact of the car broke Janet´s leg and, due to the way in which Janet fell, her arm was also broken in the accident.

Paramedics treated Janet with gas and air at the scene of the accident before she was taken to the Royal Hull Infirmary by ambulance. There Janet underwent surgery to ensure that her broken bones would knit back together properly and she was subsequently confined to a wheel chair for three months.

While she was recovering from her injuries, Janet was totally dependent on her husband for washing and dressing and carrying out daily chores. Janet attended her son´s wedding while still in the wheelchair and had to sleep downstairs on her sofa because it was the only way she could sleep comfortably with her leg outstretched.

Janet was unable to return to work for almost a year and, when she did so, found that she was only capable of working part-time. She also found that psychological scars from the accident manifested in anxiety whenever she had to cross a road and – after seeking legal advice – Janet claimed compensation for her zebra crossing injuries.

Although the driver of the car which hit Janet acknowledged that he had been distracted on the approach to the zebra crossing, his insurance company failed to agree to how much was being claimed for Janet´s loss of income. An interim settlement of compensation for zebra compensation injuries was arranged in order that Janet would not be out of pocket and after protracted negotiations the insurance company settled Janet´s claim for an undisclosed amount – believed to be in the high five figures.

Woman Awarded Dog Bite Injury Compensation

Posted on: July 2nd, 2014

A woman has been awarded £15,000 dog bite injury compensation for cuts and scratches she suffered when trying to save her two small dogs from an attack by a bull terrier.

Rebecca Lambert (41) was walking her small westie and puggle dogs along a public footpath in her home town of Rotherham in South Yorkshire, when a bull terrier being walked off its lead approached her and her two dogs.

The owner of the bull terrier shouted a warning that his dog might attack, but before Rebecca could pick up her dogs for safety, the bull terrier had sunk its teeth into her puggle pup.

Rebecca tried to free her dog from the jaws of the bull terrier, and the terrier´s owner hit his dog with a stick which broke on the dog´s back. Only after 15 minutes were the owner´s able to separate the two dogs, by which time Rebecca had suffered puncture wounds, lacerations and scratches to her face, thighs and hands.

The police and an ambulance were called, and the puggle pup revived and taken to the vets for emergency surgery. The owner of the bull terrier fled with his dog, but was tracked down after a police investigation and charged with offences against the Animals Act 1971. The bull terrier was subsequently put down.

Rebecca made a claim for dog bite injury compensation against the owner of the bull terrier – alleging that he knew the dog was dangerous, but had not tried to restrain it or prevent it causing her an injury. Liability was admitted for Rebecca´s injuries, and a settlement of dog bite injury compensation was agreed to account for Rebecca´s physical injuries, her emotional trauma and the cost of restoring her puggle to full health.

After the case had been resolved, Rebecca´s solicitor commented that around 6,000 people are injured each year by dog bites, but few victims are aware that they are entitled to make a claim for dog bite injury compensation against the owner of the animal – even when the injuries have been sustained in the owner´s home.

Extension of MoJ Reforms will Allow Quicker Settlements of Personal Injury Claims

Posted on: August 5th, 2013

On 1st August 2013, changes to the Ministry of Justice´s claims portal program were introduced which should allow for quicker settlements of personal injury claims.

The changes relate to claims for personal injury compensation due to a road traffic accident, an injury at work or injuries sustained in a place of public access (public liability claims) which occur in England and Wales on or after 1st August 2013, and which have an anticipated value of less than £25,000.

Until these procedural changes were made, insurance companies could often delay settlements of personal injury claims by leaving the acknowledgement of a solicitor´s “Letter of Claim” – and failing to admit their policyholder´s liability – until the last possible moment.

Now, strict time limits have been introduced so that insurance companies have to acknowledge a Letter of Claim within 24 hours and advise the solicitor whether liability for a personal injury will be accepted or declined within 30 days (40 days for injuries at work).

This system replaces the old 90 day limit and insurance companies who fail to adhere to the new regulations will have the claim taken out of the cost-saving claims portal program with the insurance company liable for any additional expenses they incur whether they are successful in defending the claim or not.

The new procedures should enable claimants to receive settlements of personal injury claim much quicker; however there are several exceptions to the recently introduced regulations which include:-

  • Public liability claims against a private individual
  • Claims for food poisoning after eating in a restaurant
  • Claims due to a lack of care by more than one party
  • Any claim for an accident outside of England or Wales
  • Claims in which the defendant is uninsured or untraceable
  • Claims for medical malpractice or clinical negligence
  • Claims for compensation for contracting mesothelioma

The Ministry of Justice reforms do not affect the Statute of Limitations – which determines long you have to make a claim for personal injury compensation after discovering that an injury has been sustained – and only apply to accidents which have occurred or injuries which have been diagnosed on or after 1st August 2013.

If you have any questions regarding how the quicker settlements of personal injury claims may affect you or your entitlement to personal injury compensation, you are advised to speak with a claims solicitor at the first possible moment.

3 Million Pounds award for Girl Crippled in Taxi Accident

Posted on: September 24th, 2011

A 22-year-old woman, who sustained catastrophic brain injuries when she was hit by a taxi when only 14 years of age, has had a 3 million pounds compensation settlement approved by the High Court in London.

Vicki Hart, from Guisborough, Teeside, was crossing a road in January 2004 when the taxi driver did not see her due to wet weather conditions and knocked her down. Vicki sustained manye injuries including a broken neck, a fractured skull and brain damage which later caused a major stroke. Doctors said at the time that it was probable that she would die, however Vicki survived her injuries – although now experiencing profound disabilities which mean she requires 24-hour care.

A 3 million pounds brain injury compensation award was agreed with the insurers of the negligent driver and, in London´s High Court, Judge Mr Justice Spencer said that he had “no hesitation” in approving the compensation agreement – praising both Vicki´s mother, Karen, and her step-father for their commitment and devotion to Vicki.

Pensioner Receives 3,100 Pounds Pothole Trip Compensation

Posted on: September 6th, 2011

A pensioner, who broke his wrist when tripping over a pothole, has accepted an offer of 3,100 pounds in pothole trip compensation from Basildon Council.

Terence Wakefield (78) from Wickford, Essex, was at his local market in June 2010 when he tripped over a three inch pothole in the street. Extending his hand to break his fall, Terence landed heavily on his wrist and fractured it.

Mr Wakefield spent the following six weeks with his arm in a cast and had to have extensive therapy on the wrist when the plaster was removed – during which time he was unable to ride his bicycle or partake in many of his regular hobbies.

Terence took a claim for personal injury compensation against Basildon Council, who were responsible for this section of the public footpath and, admitting liability for their negligence, settled Terence´s claim in the amount of 3,100 pounds.

Despite the settlement, it has been alleged by the victim that there are still twenty or more potholes in the area of Wickford Market, and he knows of three similar claims against the council who are yet to fulfil their obligations and maintain a safe passageway for pedestrians.

Manhole Cover Trip Settlement for Man

Posted on: June 11th, 2011

A man, who sustained injuries to his legs when tripping over a manhole cover, has won an undisclosed manhole cover trip compensation settlement from Sheffield City Council.

Keith Unwin (62) of Gleadless, Sheffield, was walking over grassland to get to his garage in February 2010, when he tripped over a broken sewer manhole cover and badly injured his legs and shins.

Complaining to Sheffield City Council that the grassland was poorly maintained, Keith was told that the authority was not responsible for his injuries and was advised that an alternative footpath existed which he should have utilised to access the garage.

However after taking legal advice, and photographs of overgrown footpath which also suffered from broken street lighting, the authority admitted liability and agreed the undisclosed compensation amount.