What happened?
A mother was walking with her two young children near a busy road in Ashton-under-Lyne. Traffic was heavy and moving in a stop-start pattern. Drivers in one lane had stopped to allow the family to cross safely.
However, as they stepped into a clearer lane, a vehicle continued through and collided with them.
Despite the traffic conditions and visibility being clear, the driver failed to notice the pedestrians in time.
Why this matters
This type of accident is more common than many realise. Drivers often assume a clear lane means it is safe to proceed—but the law requires drivers to:
- Keep a proper lookout
- Anticipate pedestrians crossing, especially near schools and busy roads
- Adjust their speed to suit traffic conditions
- Be ready to stop where hazards may exist
Where they fail to do so, they may be found negligent.
The impact on victims
In this case, the Claimant suffered:
- Physical injuries, including to the back and knee
- Psychological trauma, including post-traumatic stress disorder (PTSD)
- A relapse of an existing mental health condition
This highlights that the consequences of road traffic accidents are not always visible—and psychological injuries can be just as serious as physical ones.
Can you claim even if traffic was slow?
Yes. The speed of traffic does not remove a driver’s legal duty of care.
If a driver fails to:
- Stop when they should
- Notice pedestrians clearly in the road
- React appropriately to surrounding traffic
they may still be liable, even at low speeds.
Insurance and compensation
Even where there are complications—such as issues with insurance cover—there are legal mechanisms ensuring that injured pedestrians can still pursue compensation.
How we can help
At Garratts Solicitors, we specialise in:
- Pedestrian accident claims
- Complex liability disputes
- Cases involving psychological injury
We take a practical, supportive approach—ensuring clients understand their position and are guided clearly through the process.
Speak to us
If you or a family member has been injured in a similar incident, contact our team for a free initial discussion.
You can contact us on 0161 665 3502 or by email at [email protected]
