Accidents involving pedestrians remain some of the most challenging personal injury claims. Issues around liability, contributory negligence, identification of the correct defendant, expert evidence, and the evolving Highway Code can significantly impact prospects of success.
This webinar will examine key legal principles and recent case law to enable fee earners to carry out effective risk assessments and make informed strategic decisions when pursuing or defending pedestrian claims.
Introduction
- Why pedestrian claims are uniquely challenging
- Typical fact patterns and recurring issues
- Evidential Challenges
- Claimant vs Defendant perspectives
- Importance of early risk assessment
Pedestrians in Public Places & Car Parks
- Defining “public places” and duty of care
- Ownership, control, and identifying the correct defendant
- Key Case:
- Brown v Fisk [2021] EWHC 2769 – liability in car parks and public places
- Practical takeaways for fee earners
Contributory Negligence – Adults
- When is contributory negligence likely to succeed?
- Pedestrian behaviour vs driver obligations
- Allegations of inattention, crossing points, and visibility
- Safe Speed Allegations:
- Parker v McClaren [2021] EWHC 2828 (QB)
- How courts assess speed, reaction time, and avoidance
Contributory Negligence – Children
- Different standards applied to children
- Age, understanding, and foreseeability
- Key Case:
- Gul v McDonagh [2021] EWCA Civ 1503
- Practical guidance on pleading and defending child pedestrian claims
Successful Defences in Pedestrian Claims
- Common defences that succeed (and why)
- Burden of proof and credibility issues
- Key Case:
- Vincent v Walker [2021] EWHC 536 (QB)
- Lessons for claimant solicitors when assessing prospects
Evidential Issues & Expert Evidence
- Accident reconstruction evidence – when is it necessary?
- CCTV, dashcam, body-worn camera evidence
- Witness reliability and inconsistencies
- Medical evidence and causation challenges
Highway Code Changes & Impact on Pedestrian Claims
- Overview of the 2022 Highway Code changes
- Hierarchy of road users
- How courts are applying the changes
- Strategic use in pleadings and negotiations
This webinar is a must-watch for anyone working within Personal Injury.
Intermediate – some previous knowledge or awareness required
By the end of this webinar, attendees will be able to:
- Identify common liability issues in pedestrian claims
- Assess contributory negligence risks for adults and children
- Understand how recent case law impacts prospects of success
- Apply Highway Code changes (2022 onwards) to liability arguments
- Evaluate evidential strengths and weaknesses at an early stage
- Red flags and green lights in pedestrian claims
- Making confident risk assessments
- Maximising prospects of success
- Questions & discuss
- Red flags and green lights in pedestrian claims
- Making confident risk assessments
- Maximising prospects of success
This live webinar provides you with 1 hour of learning.
Attendees will receive a CPD certificate upon completion of this course.
The live webinar begins at 12:30pm.
The £69 +VAT price includes:
- 45-minutes of topical content
- 15-minute interactive Q&A
- Comprehensive lecture notes
- Digital CPD certificate
Of course! Once you select the live webinar, you will have the option to select the number of tickets you want to purchase, then you can follow the instructions on the screen. Once your payment has been processed, you will then be asked to assign the tickets to those attending. Each delegate will then receive an email with instructions on how to finalise their booking.
Simply get in touch with team@formediagroup.co.uk to request an invoice, you will need to let us know which live webinar you are booking and how many attendees you need to book.
Agenda
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About the speaker
Nicky Carter
Nicky has more than 20 years experience for some of the country's leading PI Firms, working as a lecturer, Legal Consult and writer. Nicky presents both in-house and public CPD courses in all Personal Injury areas
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