Pedestrian injured by car on straight road with good visibility. Is there a valid compensation claim?
I was a pedestrian with good eyesight who thought I had time to cross the road outside my house but there is no designated pedestrian crossing. It was broad daylight and the line of sight is such that driver could see me (had he been observing properly) from 200 yards away but still collided with me. I am sure he was speeding - the road is in a 50 limit. I suffered severe leg injuries but do I have a valid compensation claim and will my misjudgement as to the distance under the circumstances affect my damages?
As there was clear vision and the driver should have seen you and taken the appropriate avoidance measures, your claim is likely to succeed and as your injuries were serious and you have suffered a long period off work, your compensation claim would be likely to be considerable.
However a court may well rule that there is a proportion of contributory negligence on your part in misjudging the distance and may reduce your damages as it sees fit.
