Pavements are meant to be a safe haven

Steven McLean Accident LocusThe pavement is supposed to be a safe haven but sometimes it just pays to keep your motorcycle helmet on!

In May 2016, Steven was riding his motorcycle in Lanark with two friends when he noticed his friend’s motorcycle indicator was faulty. Steven and his friend subsequently pulled over at the side of the road to take a closer look.

Steven parked his motorcycle parallel to the pavement on Carlisle Road.

Thankfully, he was wearing his full motorcycle gear and kept his helmet on after he got off his motorcycle. As Steven walked onto the pavement to take a closer look at his friend’s motorcycle, a car suddenly careered onto the pavement, hitting both Steven and his friend.

Steven sustained soft tissue injuries to his back, leg and knee. He was unable to work for a few weeks due to his injury and lost income. His motorcycle kit was also badly damaged.

Steven asked Pedestrian Law Scotland for help in recovering damages for his motorcycle helmet and protective clothing as well as compensation for his injuries and loss of income.

A claim was intimated to the third party insurers within days of the incident occurring. Liability was admitted for the incident and settlement negotiations were entered into.

A settlement was reached in December 2016 in excess of £4,000.

Steven was delighted with the outcome and thanked Pedestrian Law Scotland for our help and specialist service.

At Pedestrian Law Scotland, we have now helped many individuals recover compensation after being struck by vehicles whilst standing on what is supposed to be the safe haven of a pavement. Drivers can be distracted for a host of reasons notably being on a mobile phone or unruly passengers.

Pedestrians are vulnerable road users and are at risk of serious injury if hit by a moving vehicle.

Being in control of a motorised vehicle carries with it a great responsibility to ensure others aren’t exposed to harm due to errant behaviour.

Thankfully, as Steven was wearing his protective clothing, his injuries were lessened, but that won’t be the case for most pedestrians. You can’t predict what a careless or negligent driver will do and if you are on the pavement and are struck by a moving vehicle, you should be entitled to recover compensation for your loss.

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