Pedestrian Accident at a Crosswalk – How Much Compensation Can You Claim?
Pedestrian Accident at a Crosswalk – Compensation for the Pedestrian. How Much Can You Claim?
Being hit at a pedestrian crossing is one of the most common and serious types of road accidents in Poland. If you have been hit at a crosswalk or your loved one has suffered in such an accident, you may be entitled to compensation, damages for pain and suffering, and a disability or incapacity pension. Find out how to effectively pursue your rights.
Being Hit at a Pedestrian Crossing – What Does the Law Say?
Under Polish road traffic law, a driver has an absolute obligation to give way to a pedestrian who is already on a pedestrian crossing or entering it. Failure to give way constitutes an offence punishable by a fine.
In the event of a pedestrian being hit at a crosswalk, the driver’s liability is generally presumed, which significantly facilitates pursuing compensation under the driver’s third-party liability insurance (OC) policy.
What Compensation Is Available After Being Hit at a Crosswalk?
After being hit at a pedestrian crossing, the injured person may claim:
- Compensation for pain and suffering – for physical pain, suffering and non-material harm (Article 445 of the Polish Civil Code)
- Damages – for medical treatment, rehabilitation, travel expenses and third-party care
- Pension – due to loss of earning capacity or increased living needs
- Reimbursement of lost income – if the accident prevented the injured person from working
Example from SAGARTO’s Casework:
A 72-year-old female pedestrian who was hit at a pedestrian crossing in Warsaw suffered a fracture of the occipital bone, a brain contusion, intracranial hematomas and extensive leg wounds requiring surgery with a skin graft. After more than 6 weeks of hospitalization across three hospital departments, SAGARTO negotiated a settlement of PLN 85,000 within just 3 months of the date of the accident.
What Is the Process of Obtaining Compensation After Being Hit at a Crosswalk?
Step 1 – Securing Evidence
It is essential to collect the police report, accident documentation, medical records, CCTV footage and witness statements.
Step 2 – Reporting the Claim to the Insurer
The claim should be submitted to the insurance company of the person responsible for the accident under their third-party liability (OC) policy. The insurer has 30 days to pay the compensation or provide reasons for refusing the claim.
Step 3 – Negotiations or Court Proceedings
The initial offers made by insurers are often significantly underestimated. It is worth seeking assistance from a compensation law firm that can negotiate a fair amount or take the case to court if necessary.
How Much Compensation Can You Receive After Being Hit at a Crosswalk?
The amount of compensation depends on:
- Type and extent of injuries (fractures, head injuries, internal organ damage)
- Length of hospitalization and rehabilitation
- Permanent impairment (expressed as a percentage)
- Age and personal circumstances of the injured person
- Medical and treatment expenses incurred
In cases involving serious injuries (head injuries, fractures, surgery), compensation for pain and suffering typically ranges from PLN 30,000 to even several hundred thousand PLN.
Why Is It Worth Using a Compensation Law Firm?
Pursuing compensation from an insurer on your own can be difficult – insurance companies often offer amounts that are many times lower than what the injured person may actually be entitled to. A professional law firm will:
Assess the actual value of your claim
Prepare complete documentation
Negotiate the highest possible compensation
Take the case to court if necessary
Often work with no upfront fees – on a success fee basis
Pedestrian Accident at a Crosswalk – Frequently Asked Questions (FAQ)
Can I receive compensation if I was partially responsible for the accident?
Yes – Polish law provides for the reduction of compensation based on the injured person’s contribution to the accident. Even if the pedestrian contributed to the accident, they may still receive compensation, reduced proportionally to the degree of their contribution.
How long do I have to file a claim?
As a general rule, claims arising from road traffic accidents become time-barred after 3 years from the date on which the injured person became aware of the damage. In cases involving criminal offences, the limitation period is 20 years.
What if the person responsible fled the scene or did not have third-party liability insurance?
In such cases, compensation is paid by the Insurance Guarantee Fund (UFG).
Summary
Being hit at a pedestrian crossing is an event that can permanently change the life of the injured person and their family. The law protects pedestrians – the person responsible for the accident is obliged to compensate for the damage, while their insurer is responsible for paying the applicable benefits. The key to successfully pursuing a claim is taking prompt action and obtaining professional legal assistance.