Road Traffic Accidents

Accident as a pedestrian or passenger: which evidence to keep

3 min readSources consulted on

Translation of the Spanish original approved by the firm. View original

Pedestrian crossing, folder and car key

An injured pedestrian or passenger may need to claim for damage even though they were not driving a vehicle. Their position in the accident matters, but it does not allow a promise of full compensation in every case: the circumstances of the collision, the damage and the applicable liability rules must be examined.

Identify the accident and those involved

Record the date, location, registration numbers and insurers where possible. If the police attended, keep the reference for their actions. In accidents involving several vehicles, a hurried account may omit important information about successive collisions or each person’s position.

Photographs of the location, signs and damage may help reconstruct events. Keep the originals and do not alter their content. If you believe cameras exist, mention this as soon as possible so that lawful preservation of the images can be considered: do not assume they will still be available months later.

Document injuries and their development

The priority is to receive the healthcare needed. Keep the reports and explain precisely when symptoms appeared. Medical tests, follow-up and medical history help analyse the connection between the accident and the injuries claimed.

Prepare a list of expenses with supporting receipts. If there was loss of income or a need for assistance, gather the documents needed to study them. Not every consequence can be proved with a photograph, and not every expense is covered merely because it arose after the accident.

Differences between pedestrians and passengers

In a pedestrian collision, traffic conditions and any legally relevant personal circumstances must be studied. For a passenger, the vehicle they travelled in, insurance policies and possible contributing factors matter. The use of safety systems and the influence of conduct require a specific analysis.

Personal injury rules have particular features and exceptions. Avoid accepting general statements such as “the pedestrian is always at fault” or “a passenger always receives one hundred per cent” without reviewing the file.

Claim against the appropriate entity

Identifying who should receive the claim is as important as quantifying it. An unidentified, uninsured or foreign vehicle may require checking routes other than the ordinary claim process. The recipient should not be chosen solely on the basis of the name on a card handed over after the accident.

Frequently asked questions

Do I need the driver to submit my claim?

The claim for your own damage must be considered from your position as an injured party. Representation, interests and documentation should be checked.

Is it impossible to claim without a police report?

A police report is one possible source of evidence. Its absence requires other evidence to be examined, without guaranteeing or ruling out the outcome.

You can consult our road traffic accident service to arrange an initial review. This text does not establish liability or time limits for an individual case.

Official sources

General information. Advice on a case depends on its facts, documents, applicable law and time limits. Requesting an appointment does not suspend any time limit.

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