Am I entitled to claim pedestrian crossing accident compensation if I tripped on a pothole that was in the middle of a designated pedestrian walk-way and fractured my elbow but no one saw the accident?
You may be eligible to claim pedestrian crossing accident compensation without eye-witness support if other forms of evidence can be provided – such as photographs of the pothole over which you tripped – where the pothole can be recognised as being a hazard, and medical records – which confirm the time when your injury was sustained.
You, or your solicitor, may be able to access shop security video or roadside CCTV images which can establish the cause of your injuries and can be used in support of your pedestrian crossing accident compensation claim. In any case, this footage can at least imply that “on the balance of probabilities” your injury was sustained because of a breach in the duty of care that should have been provided by the local road authority.
CCTV footage can be used to prove that the pothole had been present for over a “reasonable” length of time. However, it must be made known that a road authority’s duty of care to provide pedestrians with safe streets in which to walk is not “absolute” meaning that if a pothole suddenly developed which the authority had inadequate time in which to attend to, they will likely contest the accusation that they were responsible for your accident and subsequent injuries for which you are claiming compensation for.
You would be well advised to consult with a solicitor about your pedestrian crossing accident compensation claim as soon as possible, particularly if photographs and CCTV footage need to be compiled immediately to benefit your case. After your solicitor evaluates the viability of your case, you would be able to advise him or her of the location of your accident so that they can determine whether or not security cameras exist. Additionally, you should inform the solicitor if you were aware of the hazard in the pedestrian crossing having been there for an unreasonable length of time.