I was injured as a pedestrian in a road accident.

What rights do I have as a pedestrian injured in a traffic accident (traffic accident)?

With this article, we will try to clarify which persons the law regulates as pedestrians, when they are considered victims in a road accident, their basic rights, and practical advice for obtaining fair compensation.

Which road users are regulated by law as pedestrians?

A pedestrian is any road user who is on the road outside a road vehicle and is not performing work on the road.

The following persons are also considered pedestrians:

• 1. who push or pull a baby carriage or wheelchair, bicycle, moped or motorcycle;
• 2. persons with permanent disabilities whose movement is carried out using a wheelchair.

Pedestrians are required to walk on the sidewalk or shoulder of the roadway. They may walk on the traffic lane that is opposite to the direction of traffic of road vehicles.

When crossing, first choose a safe place to do so - a pedestrian crossing, a traffic light, or a place with good visibility on both sides.

How can a pedestrian be injured in a traffic accident?

Road accident is an event involving a vehicle that caused injury or death to people, damage to a road vehicle, road, road facility, cargo or other material damage.

Participant in a traffic accident is anyone who was injured in the accident or whose behavior contributed to its occurrence.

Injured is any person who has suffered bodily injury as a result of a road accident. What matters is whether the injured person is at fault for the accident that occurred. The guilty person, even if he has suffered bodily injury or death, does not have the status of "victim".

Find out more about bodily harm in our article on the topic

What rights does an injured pedestrian have in the event of a traffic accident?

• Right to medical care. Injuries should be certified by a medical professional in an official document. This is essential for proving damages at a later stage;
• Right to notify the police authorities of the Ministry of Interior (by calling 112 or in another way);
• Right to sick leave due to temporary incapacity;
• Right to compensation for the damage suffered.

I was involved in an accident – How should I know?

Which injuries are subject to compensation?

All damages that are a direct and immediate consequence of the accident are subject to compensation. The damages can be both pecuniary and non-pecuniary.

Property damages are related to the property damage suffered by the injured person. When a pedestrian suffers an injury as a result of a traffic accident, the property damages are most often the costs incurred for treatment, medication, rehabilitation and recovery, etc.

Non-pecuniary damages are pain, suffering, anxiety and worry suffered as a result of the driver's wrongful conduct. These damages cannot be quantified and therefore the court determines their amount fairly. The compensation depends on the duration of recovery, the degree of injury, the age of the injured pedestrian, etc.

In order for the judge to assess what happened in the most objective way, he should be presented with as much information as possible. This includes any official documents issued by a law enforcement agency or a medical professional, as well as witnesses to confirm the factual situation. However, the procedural law introduces numerous restrictions on this proof, which requires the intervention of a qualified lawyer in these cases.

When can other persons claim compensation?

Compensation for non-pecuniary damage suffered in the event of death in a traffic accident is due to his relatives. The persons who can claim non-pecuniary damage as a result of the death of their relative in a traffic accident are:

• – his children;
• – spouse,
• – parents;
• – fostered but not adopted children;
• – the person raising such children;
• – persons with whom the deceased lived on a conjugal basis without marriage;
• – brothers and sisters;
• – grandparents,
• as well as any person who has created a lasting and deep emotional connection with the deceased person.

When is complicity present in an accident involving a pedestrian?

For there to be complicity, it is necessary that the injured person, through his or her own unlawful actions, contributed to the occurrence of his or her injury.

When crossing the roadway, pedestrians are required to cross the pedestrian crossings in compliance with the following rules:

• 1. before entering the traffic lane, to comply with approaching vehicles;
• 2. not to unnecessarily extend the road and the crossing time, as well as not to stop unnecessarily on the traffic lane;
• 3. to obey the traffic lights and the signals of the traffic controller;
• 4. not to cross a fence made of railings or chains. Outside populated areas and on two-lane two-way roads in populated areas, when there is no pedestrian crossing in the vicinity of pedestrians, they may cross the roadway outside the designated places, but subject to the listed rules.

When any of the above rules is not followed, there is complicity.

What is the procedure for claiming compensation and how can we assist you?

We can claim compensation voluntarily from the at-fault driver's insurance company on your behalf. The insurer has a 3-month period in which to decide whether to determine the amount of the insurance compensation or refuse to pay it.

If your claim is not fully or entirely satisfied, we will defend your rights before a civil court by initiating civil proceedings.

When a pedestrian is seriously injured or dies, the procedure necessarily goes through the criminal proceedings stage, where we can also represent you.

Claims for compensation under the Code of Insurance of the Injured Person shall be brought before the court in whose district the claimant's current or permanent address, his registered office or the place of occurrence of the insured event is located at the time of the occurrence of the insured event. The term for claiming compensation is 5 years from the date of the occurrence of the accident.

In conclusion

No matter how careful we are on the road, accidents happen very often. Every road user should be responsible and aware of the risks they face, whether they are a driver, pedestrian or passenger. If each of us follows the traffic rules, the black market will certainly statistics The "war on the roads" that we hear about daily from all kinds of sources wouldn't sound so scary.