Legal rights of pedestrians in traffic accidents, by Michael Odunlami

Road traffic accidents continue to be a major cause of injuries and deaths in Nigeria. Motorists and commercial transport operators are often the focus of public attention, but pedestrians are one of the most vulnerable road users. Nigerians walk to work, school, market, places of worship, and bus stop every day. But many become victims of accidents by careless or reckless drivers.

Sadly, most injured pedestrians and their families do not know their legal rights. Some believe justice is done when the police have arrested a driver. Others feel they have no legal recourse. Under Nigerian law, pedestrians injured as a result of the negligence of motorists are protected.

Every driver has a duty of care to other road users, including pedestrians. This means that drivers must drive their cars with reasonable care, caution, and skill. They are expected to comply with traffic laws, obey speed limits, be alert, and take reasonable steps to avoid causing injury to others.

This duty is breached every day across the country. Commercial buses rush to pick up passengers, cars speed through residential areas and some drivers get distracted by mobile phones. A lot of pedestrian accidents occur in cities like Lagos, Abuja, Port Harcourt, Kano, Abeokuta due to the lack of care by drivers as a reasonable motorist would.

Take the example of a trader who wants to cross the road near a busy market. A commercial bus driver, eager to get ahead of traffic, speeds up and knocks her down. The victim is fractured, goes through months of treatment and can’t continue her business. In such cases, the driver may be held liable under the law for injuries and damages.

Children on their way to school. Old people crossing the road. Workers waiting at bus stops. All have rights to legal protection. 

Drivers are warned to watch for pedestrians and take appropriate precautions. “The mere fact that a pedestrian is on the road does not automatically absolve a driver from responsibility. The court will look into whether the driver acted reasonably and if the accident could have been avoided by taking proper precautions.

Where negligence is established, an injured pedestrian can recover compensation for medical expenses, including hospital treatment, surgery, medication, physiotherapy, rehabilitation and future medical care. Victims can also claim for loss of earnings where injuries prevent the victim from working or affect the victim’s ability to earn.

The law also takes into account the pain, suffering, emotional distress and loss of enjoyment of life which often accompany severe injuries. If there is permanent disability, disfigurement, amputation, spinal injury or traumatic brain injury, the damages awarded can be substantial depending on the facts of the case.

Many people wrongly assume that if a pedestrian contributed to the accident, then he or she loses all rights. This is not always true. If the pedestrian crossed at a place where it was not safe to do so, the driver may still be liable if he was speeding or did not keep a proper lookout. The court will look into the actions of both parties and then decide who is at fault.

Evidence is crucial in any personal injury claim success. Victims should photograph the scene of the accident and their injuries, obtain medical reports, get the names and addresses of any witnesses, and keep receipts for treatment and other expenses. Police reports and CCTV footage (if any) can also be very useful.

It is important to remember that criminal proceedings are different from civil claims. The State may prosecute a driver for dangerous driving but that does not make the injury to the victim good. In general, damages for injuries and financial losses must be recovered through a separate civil claim.

If a pedestrian is killed in an accident, the surviving dependents could also have legal rights to claim compensation, especially if the deceased was the main financial support for the family.

If you or a member of your family are injured in a road traffic accident, it’s best to get immediate legal advice from a personal injury lawyer. Many solicitors offer an initial consultation and may be willing to act on genuine cases on a ‘No Win, No Fee’ basis, allowing victims to pursue compensation without having to pay any legal fees upfront.

Pedestrians are not helpless victims in accidents. Nigerian law gives you a route to justice and compensation if you are injured by a negligent driver. Knowing these rights, collecting evidence, receiving medical care, and getting prompt legal counsel can all go a long way in helping you get the compensation you need to recover and rehabilitate.

This article is meant for general understanding only and not legal advice. If you believe you’ve suffered any harm or injury due to a driver’s fault, and you are concerned about the viability of your case or high cost of  hiring a lawyer, you can reach out to an experienced personal injury lawyer who may be willing to offer a  legal advice and handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.

. Michael ‘Lekan Odunlami is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]; https://www.claybrookattorneys.com/personal-injury-claims/; and 09028978494.