Can a Pedestrian File a Claim for an Auto Accident Injury?

Pedestrians are highly vulnerable in auto accidents, often suffering serious injuries due to their lack of protection compared to vehicle occupants. In India, pedestrians injured in road accidents have the legal right to file a claim for compensation under the Motor Vehicles Act, 1988. This includes accidents involving negligence by vehicle drivers or other road users. Here’s a detailed guide on how pedestrians can file a claim for compensation in case of an auto accident injury.

Can a Pedestrian File a Claim for an Auto Accident Injury?

1. Rights of a Pedestrian in an Auto Accident

Pedestrian rights are safeguarded under Indian law, especially with the increasing focus on road safety. In case of an auto accident where the pedestrian is injured due to the fault of a driver, they have the right to claim compensation.

Compensation can be claimed for medical expenses, pain and suffering, lost wages, and, in some cases, permanent disability or death.

2. Identifying Liability in the Accident

In order to file a claim, liability must first be determined. This can be established by investigating the accident's cause:

• Driver negligence (e.g., running a red light, speeding, driving under the influence of alcohol, or distracted driving).
• Pedestrian's role: In some cases, the pedestrian might be partially at fault, such as jaywalking or crossing the road at an unsafe location. However, if the driver was driving recklessly or violating traffic rules, the driver would generally be found more liable.
• If the accident was caused by vehicle defect (e.g., brake failure), then the vehicle manufacturer or the owner of the vehicle may also be held responsible.

3. Filing a Claim with the Insurance Company

Insurance Claims: A pedestrian can file a claim with the insurance company of the vehicle involved in the accident. The process will involve the vehicle owner's insurance, whether it’s third-party liability or comprehensive coverage.

Third-Party Liability Insurance:

This insurance is typically used when the driver's fault results in an injury to someone else, such as a pedestrian. If the driver’s negligence caused the accident, the pedestrian can claim compensation through this insurance policy.

Comprehensive Insurance:

If the vehicle owner has comprehensive insurance, they may also claim for injuries caused to pedestrians.

Claim Process:

• Report the accident to the police and file an FIR (First Information Report).
• Inform the insurance company about the accident and provide them with necessary documents (FIR, medical reports, proof of injury).
• Medical bills, hospital records, and evidence of injury must be submitted to support the compensation claim.

4. Filing a Claim with the Motor Accident Claims Tribunal (MACT)

If the insurance claim is disputed or delayed, the injured pedestrian can approach the Motor Accident Claims Tribunal (MACT) to seek compensation.

Filing a Claim:

The pedestrian can file a claim petition with the MACT, seeking compensation for injuries and damages.

Documents required include the police report, medical records, proof of income loss, and evidence that the accident was caused by the driver's negligence.

5. Types of Compensation Pedestrians Can Claim

• Medical Expenses: For the treatment of injuries sustained in the accident.
• Pain and Suffering: Compensation for the physical and emotional distress caused by the accident.
• Lost Wages: If the pedestrian is unable to work due to their injuries.
• Permanent Disability: If the injury leads to a permanent disability, the pedestrian may receive compensation based on the disability percentage.
• Funeral Expenses: In case of death, the family members can claim compensation for funeral expenses and loss of financial support.

6. Legal Assistance

Hiring a Lawyer: It is recommended to consult with a lawyer specializing in personal injury or motor accident claims. A lawyer can help you:

• File the claim with the Motor Accident Claims Tribunal (MACT) or the insurance company.
• Negotiate with the insurance company to ensure you receive fair compensation.
• Represent you in court proceedings if the case goes to trial.

7. Role of the Police Report and Evidence

Police Report:

A police report is crucial to establishing liability and documenting the details of the accident. The police will provide a statement of whether the driver was at fault or if the pedestrian contributed to the accident.

Eyewitness Testimony:

Statements from witnesses who saw the accident can also support the pedestrian’s claim for compensation.

CCTV or Dashcam Footage:

If the accident was captured by traffic cameras or dashcam footage, this evidence can provide a clear picture of how the accident happened and who is at fault.

8. Impact of Pedestrian's Own Fault

If the pedestrian was partially responsible for the accident, such as crossing the road illegally or not paying attention to traffic, contributory negligence may apply.

Contributory negligence means that both parties share responsibility for the accident. However, the compensation may be reduced based on the degree of fault assigned to the pedestrian.

Example:

If the pedestrian was jaywalking but the driver was speeding, the pedestrian may still receive compensation, but it might be reduced due to their contribution to the accident.

Example Scenario:

Scenario 1: A pedestrian is crossing the road at a designated pedestrian crossing when a car runs a red light and hits them. The pedestrian sustains serious injuries. In this case, the pedestrian can file a claim against the driver’s third-party liability insurance for compensation for medical bills, lost wages, and pain and suffering.

Scenario 2: A pedestrian was crossing the road in the middle of the street (not at a crossing), and a car struck them. The driver was speeding, and the pedestrian suffered injuries. The pedestrian can still file a claim, but the compensation may be reduced due to the pedestrian’s contributory negligence.

Conclusion

Yes, a pedestrian can file a claim for an auto accident injury in India. They can seek compensation from the driver’s insurance company or approach the Motor Accident Claims Tribunal (MACT) if necessary. Liability in such cases is usually determined based on driver negligence, traffic law violations, and the pedestrian’s role in the accident. By gathering evidence and filing the proper claims, pedestrians can receive compensation for their injuries, medical expenses, pain, and suffering. It is always advisable to seek legal assistance to navigate the process effectively.