Injured while walking on the road and want to understand pedestrian accident claims? In this guide, we’ll discuss the eligibility criteria for pedestrian accident compensation claims. We will explore some common road traffic accidents pedestrians face and the compensation you could claim.
The guide then illustrates the evidence you would need and the time your claim would take.
We’ve also covered the process of how to claim on behalf of a child and some examples where compensation has been awarded. We conclude this guide by answering some frequently asked questions and elaborating on the No Win No Fee services offered by our panel of solicitors.
Start your personal injury claim now. You can reach our team to check your eligibility by:
- Dialling 0800 408 7826.
- Dropping an enquiry on our Contact Us form.
- Ask our live chat any questions you have about starting a claim.
Jump To A Section
- Examples Of Pedestrian Injury Compensation Payouts
- Who Can Make A Pedestrian Accident Claim?
- Common Causes of Road Traffic Accidents Involving Pedestrians
- How To Start A Pedestrian Accident Claim
- How Long Do I Have To Start A Pedestrian Accident Claim?
- No Win No Fee Agreements For Pedestrian Accident Claims
- Learn More About Road Traffic Accident Claims
Examples Of Pedestrian Injury Compensation Payouts
The following kinds of damages are usually included in pedestrian accident claims:
- General Damages: These are damages which you could claim for the physical and psychological injuries suffered as a result of the accident.
- Special Damages: These are the damages which you might claim for the financial losses suffered by you due to your injuries.
Factors Affecting Compensation
The compensation you could receive would depend on the following factors:
- Extent of your injuries and their impact on your life.
- The financial setback you have suffered due to these injuries.
- The impact of your injuries on your home and family life and your mental health.
Examples Of Compensation Amounts
You may be instructed to attend a medical examination to determine the gravity of your pedestrian injuries. Additionally, your personal injury solicitor or others involved with the claim may refer to the Judicial College Guidelines (JCG). We’ve reproduced some of the figures below but you should note that the first entry is not from the JCG. You should also keep in mind that these are just guidelines.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Compensation may be granted for one or more injuries, a loss of income and professional care is needed. | Up to £1,000,000+ |
| Very Severe Brain Damage | Injury may result in physical or cognitive disabilities. There is hardly any response to the environment and person requires full time nursing care. | £344,150 to £493,000 |
| Severe Neck Injury (ii) | There is an injury to the spine discs which causes severe disability like loss of function in the limbs or acute loss of neck movement. | £80,240 to £159,770 |
| Ear Injury - Total Deafness | Compensation would depend on whether there is any speech defect or tinnitus or both. | £110,750 to £133,810 |
| Very Severe Scarring Facial Disfigurement | There is significant scarring and extreme trauma in young people (from teens to early 30s) | £36,340 to £118,790 |
| Severe Back Injury (iii) | Injuries which could cause disabilities such as chronic back pain and impairment in agility and sexual function. | £47,320 to £85,100 |
| Severe Fractured Fingers | There may be issues like deformity, disturbed sensation and grip is impaired. | Up to £44,840 |
| Skeletal Injuries - Multiple Fractures of Facial Bones | Involves some facial deformity of a permanent nature | £18,180 to £29,220 |
| Severe Toe Injuries | One or more toes may be amputated. There will be some permanent disability like bursting wounds, impaired gait or discomfort through continuous stabbing pain | £16,770 to £25,710 |
| Serious Shoulder Injury | Dislocation of the shoulder and chronic pain in the shoulder and neck, aching in elbow and weakness of grip leading to restricted shoulder movement | £15,580 to £23,430 |
Using Our Accident Compensation Calculator
The explanation above only accounts for general damages, which depend on the extent of your injuries. If you wish to claim for special damages or financial hardships, you could demonstrate the following:
- Loss of Earnings– You could claim this for the days you weren’t able to report to your job. This could also include pension contributions.
- Medical Expenses- This could include the charges incurred while attending medical appointments and costs of diagnostic tests and medications.
- Alterations- You could also claim for any changes to your house because of any resulting disability.
- Disability Support- This could include the cost of any professional care required and the purchase of equipment like wheelchairs and walking sticks.
Does it seem very confusing? No need to worry. You can use our accident compensation calculator or have a free evaluation with our advisory team.
Who Can Make A Pedestrian Accident Claim?
All road users owe a duty of care towards each other. This means that anyone using the roads has to navigate in a way that avoids bringing harm and damage to themselves and others. As part of this, anyone on the roads must comply with the Highway Code and Road Traffic Act 1988.
For eligible pedestrian accident claims, it’s necessary to prove:
- Another road user owed a duty of care towards you.
- They failed to follow that duty.
- You suffered an injury as a pedestrian as a result of the above.
Can I Claim If I Was Partially At Fault?
The most important aspect of pedestrian accident claims is to establish the fault of another road user for your injuries. The principle of personal injury claims is to award compensation to the party who’s suffered due to the wrong act of another. Therefore, if you’re at fault, that might erode the eligibility of your personal injury claim.
However, if you’re partially at fault and some blame can be attributed to the other party, you might get some compensation. The amount which you would receive would depend on the proportion of blame amongst both the parties. This is called split liability.
For example: You fail to look before crossing the road and you’re injured by a speeding vehicle. The court would deliberate on the fault which could be attributed to each party before deciding on the compensation.
What If The Driver Was Uninsured?
In pedestrian accident claims, compensation is normally paid by the driver’s insurance. However, you could still claim compensation if the driver is uninsured or untraceable. If the driver is untraceable or uninsured, you could claim via the Motor Insurers Bureau (MIB), a scheme to aid:
- Victims of uninsured drivers
- Victims of Hit and Run cases
- UK residents who’re injured by vehicles registered abroad (accidents limited to the UK or Europe)
For more clarity on claiming compensation, use our Car Accident Value Calculator or speak to a member of our team.
Common Causes Of Road Traffic Accidents Involving Pedestrians
There are many reasons for pedestrian accidents. Some of the common ways a pedestrian can be hit by a car are:
- Speeding or going over the speed limit.
- If the driver is not paying attention to the road or is driving recklessly.
- The driver failed to stop at a zebra crossing or red light.
- The driver was distracted because they were using a mobile phone or under the influence of drugs or alcohol.
Want to make a broken arm compensation claim? Do not hesitate to reach out to our advisory team.
How To Start A Pedestrian Accident Claim
Following an accident on the roads, you may like to start a personal injury claim. Some of the actions you could have taken in the immediate aftermath could help support this. For example, if you sought medical attention or the police attended the scene, you will have evidence.
The Evidence You Need
Evidence forms an integral part of pedestrian accident claims since it helps to strengthen your case. Here are some instances of evidence which you could use:
- Your notes on the version of events such as the extent of your injuries and the negligent action committed by the driver. If you have details like the licence plate number and the model of the car, that would be helpful.
- A copy of the police report. The police must attend the accident if a person suffered an injury.
- Pictures of your injuries and the site of the accident.
- CCTV footage or dashcam recordings of the pedestrian accident.
- Copies of your medical reports such as X-Rays, GP notes and prescriptions to highlight the severity of your injuries.
How A Solicitor Can Help
While you aren’t required to engage a solicitor for pedestrian accident claims, it’s recommended to streamline the process for you. Here are some ways a personal injury claims lawyer would help you:
- Explaining complicated legal jargon to you.
- Ensuring that your pedestrian accident claim is made within the time limit.
- Providing a valuation for your pedestrian accident claim.
- Keeping you updated about the status of your case.
- Helping you to compile evidence for your case such as witness statements and medical reports.
How Long It Takes To Reach A Settlement
Since no two pedestrian injury claims are the same, the time taken to conclude each case also differs. Here are certain factors which determine how long it would take to reach a settlement:
- Strength of Evidence- If you have strong evidence, your compensation claim may not take as much time to conclude if you were lacking evidence.
- Liability- If the other party admits liability, you may arrive at a settlement sooner. However, if they deny liability, reaching a settlement may take longer.
- Negotiations- If the other party offers to compensate you but you’re not satisfied with the amount, you may proceed legally with negotiations. This would take more time.
- Complexity of your compensation claim.
Your personal injury solicitor would be able to provide you with an estimate of the time your claim would take. If you choose to make your pedestrian accident claim with a solicitor from our panel, they will try to simplify the entire process for you so that you can focus on your recovery.
How Long Do I Have To Start A Pedestrian Accident Claim?
According to the Limitation Act 1980, you have a time limit of 3 years to start your pedestrian injury claim. However, there are certain exceptions to this time limit.
Could I Claim On Behalf Of My Child?
There can be instances when a child is a pedestrian hit by a car. In such cases, no time limit applies until they turn 18. Once they turn 18, they have until their 21st birthday to start a claim. However, if you wish to make the claim on behalf of the child, you could do this by acting as a litigation friend.
You could also claim for a person who’s lost their mental capacity by applying to become a litigation friend. There is no time limit for a person of diminished mental capability. However, once they regain their mental capacity, the limitation period of three years would apply.
Find out how much compensation your personal injury is worth by contacting us.
No Win No Fee Agreements for Pedestrian Accident Claims
If you have an eligible pedestrian accident claim, you might want the help of a solicitor. We have already outlined the benefits of engaging a personal injury solicitor. If you choose to make your claim with legal representation, you could benefit from the experience and competence of one of the solicitors from our panel.
You need not worry about paying any upfront solicitor fees since our panel offers No Win No Fee services. Your personal injury solicitor would follow a Conditional Fee Agreement (CFA) model. This means that you’ll have to pay a success fee only if you get compensation. Your solicitor will deduct this from your compensation and the law has put a limit on the percentage that can be taken. If your case is unsuccessful, you won’t have to pay any fees for your solicitor’s work on it.
Want to make your personal injury claim on a No Win No Fee basis with a solicitor from our panel? You can reach out to our team by:
- Dialling 0800 408 7826.
- Dropping an enquiry on our Contact Us form.
- Ask about pedestrian accident claims in our live chat.
Learn More About Road Traffic Accident Claims
Thank you for reading our guide on pedestrian accident claims. Here are some more guides from our site which might interest you:
- A guide on broken forearm compensation
- Details on calculating compensation for a broken collarbone.
- Information about head injury and concussion claims.
Here are some external links which may be helpful:
- Guidance from the NHS on finding your nearest A&E.
- Information from the NHs on when to call 999.
- Advice for Road Users from ‘THINK!’, a government campaign for Road Safety