Pedestrian accident compensation

clouty

Hi, I really don't know if this is the right place to put this thread, but I've hunted hard, and this board seems the best fit so here goes - I'd quite understand if this was moved.

On Monday, a terrible thing occurred to my daughter and her two-year-old.

She was crossing the busy shopping street to go and pick up her older boy from the playgroup with the younger one strapped in the pushchair. They crossed behind a lorry that was stationary in traffic at the time.

Next thing she knows, the Lorry moves off with the pushchair and child dragged behind, the wheel of the pushchair was caught in a loop of wire that was trailing from the back of the truck. The lorry went round the corner, with boy and pushchair attached, as the crowds shouted and mum raced to get the driver to stop.

Which he did, and the lad was rescued with scraped knees, but as far as we know thankfully nothing worse. The pushchair canopy saved his face. Luckily, it was a good sturdy pushchair, and the lad was strapped in properly.

An off-duty police woman called an ambulance, and reported the event. She took my daughter's address, and said she would forward a copy of the incident report. The older boy got picked up from playgroup by mum and brother in the ambulance, which he loved, though I guess the youngest wasn't so happy. They were all taken to hospital for a check-up. They got home about 7:30pm.

I'm telling her she should get compensation, and a new pushchair, from the lorry owner's public liability insurance. The carelessness needs to be punished. She is reluctant, but I strongly feel that since her pushchair was wrecked and they both suffered a great deal (she hasn't been sleeping since) and since the lorry driver failed in his duty of care, a compensation action would be the correct path to take. If only to make her feel she has a modicum of control over the event. She now agrees with me.

Do you agree with me too? Or do you think she should just suck it up? And if the former, how to go about it? How to find the help? Obviously, she has not got a motor insurance company to process the claim, and we are nervous of getting into litigation without good guidance.

[Deleted User]

She should put in a claim on his motor insurance, which should certainly pay out for the pushchair. The compensation is probably a more complicated matter as insurance is generally there to make good a loss, and it would be difficult to quantify a payment for trauma (I'm not denying that there clearly was some).

vax2002

Pick up the yellow pages, it is half full of no win no fee solicitors

clouty

Am I being silly to be worried about picking a no win no fee solicitor at random?

[Deleted User]

clouty wrote: »

Am I being silly to be worried about picking a no win no fee solicitor at random?

No. I wouldn't go down that route yet. It may get you a result but if they take most of your £100 for a new pushchair as a fee, you'll be back where you started. ie needing to pay for a new pushchair.

magpiecottage

clouty wrote: »

The carelessness needs to be punished.

Maybe but that is a matter for the Police and possibly the Crown Prosecution Service, not you or your daughter.

You also only have one side of the story and you say, "They crossed behind a lorry that was stationary in traffic at the time".

That could be interpreted as contrary to rule 7 of the Highway Code which would also amount to carelessness.

clouty

I've just checked rule 7, and she/they conformed totally. As I understand it they were crossing at the lights, with the green man. It's a busy road, the traffic was backed up but the crossing was clear. Whenever I have been out with them, she has been very correct about using crossings and waiting for the pedestrian 'go' light.

Thanks for your help people, I have a clear idea of the way to go now. Be safe, and watch for trip and loop wires!

magpiecottage

clouty wrote: »

As I understand it they were crossing at the lights, with the green man. It's a busy road, the traffic was backed up but the crossing was clear.

Sorry, I do not understand. If the crossing was clear then there would not have been any obstruction to snag on. Which would mean the incident must have happened outside the crossing itself.