Pedestrian Accident Claims Guide

Have you ever been injured as a pedestrian? If the answer is yes, then this guide on pedestrian accident claims may be useful to you.

Within this guide, we discuss when you could be eligible to make a road traffic accident as a pedestrian. Furthermore, we share examples of how a pedestrian accident may occur and who could be at fault for them.

Following this, we share how long you have to claim compensation and what evidence you could use to support your case. We also share the different types of compensation you could be awarded and how a No Win No Fee solicitor from our panel could help you with claiming this.

If you have been injured as a pedestrian and would like to discuss your potential compensation claim, you can contact a member of our advisory team:

Two people helping an injured pedestrian in the middle of a zebra crossing

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What Are Pedestrian Accident Claims?

A pedestrian accident claim is a type of personal injury claim a pedestrian could make if they have been injured due to another road user’s negligent actions.

Therefore, this means that all pedestrian accident claims must meet the following requirements:

  • You were owed a duty of care by another road user.
  • They breached this duty.
  • You were injured as a pedestrian as a result of this breach.

Every road user, from motorists to pedestrians, owes each other a duty of care to use to roads responsibly and safely to minimise the risk of a road traffic accident from occurring. They must also adhere to the regulations and rules set out within the Road Traffic Act 1988 and The Highway Code as part of their duty of care.

If you would like to discuss your accident to see if you could make a personal injury claim, please contact our advisors.

How Do Pedestrian Accidents Happen? 

There are various ways that you could be injured as a pedestrian while using the roads. Some examples include:

  • A driver is speeding and fails to come to a stop in time as you are using a zebra crossing, causing you to suffer multiple injuries, including a head injury and a broken leg.
  • While using a pelican crossing, a motorcyclist runs through a red light and hits you while you are crossing the road. This causes you to suffer an arm injury.
  • Due to being distracted by their phone, a driver fails to notice you crossing at a junction. This causes them to hit you, and you suffer a back injury.

These are only a few examples of potential accidents that could lead to pedestrian accident claims. To see whether you may have a valid case, you can contact our advisors.

Someone crossing a zebra corssing

Who Is At Fault In A Pedestrian Accident?

If you have been injured as a pedestrian, sometimes you may wonder who was at fault.

If you were hit by a driver who breached their duty of care while you were crossing the road lawfully (like the examples we listed above), the driver would be deemed as being at fault for the accident.

However, there may be certain cases where you, as the pedestrian, are considered at fault for the accident.  Rules 1 to 35 in the Highway Code are aimed at pedestrians and what they must do to use the roads safely.

You could be deemed at fault for the accident, for example, if you ran out into a busy road and were struck by a car or if you crossed at a crossing when it was unsafe to do so.

To see whether you may be considered liable for your particular accident, you can contact our advisors.

Can I Claim For A Pedestrian Accident If I Was Partly At Fault? 

In some instances, you may be considered partially at fault for your accident. For example, if you failed to check whether it was safe to cross at a crossing before stepping out into the road, but you were hit by a speeding driver.

In these cases, how liable were deemed to be would impact how much compensation you receive. For example, if you were considered 25% liable for the accident, you would receive 75% of the total compensation you would have received had you not been liable at all.

To learn more about split liability pedestrian accident claims, you can contact our advisors.

How Long Do I Have To Claim Pedestrian Accident Compensation?

You must start a personal injury claim within 3 years from the date of the accident. This is outlined in The Limitation Act 1980. However, there are some exceptions to this rule.

For example:

  • If the injured pedestrian is a minor (under 18). They will be unable to start their own claim until their 18th birthday.
  • If the injured pedestrian lacks the mental capacity to make their own claim. They will have the time limit suspended.

In both these cases, where the claimant cannot make their own claim, a responsible adult could claim on their behalf as a litigation friend.

If you still have questions regarding the time limit for pedestrian accident claims, you can contact one of our advisors.

Can I Claim For A Pedestrian Injury After A Hit And Run?

If you have been a victim of a hit and run, you may be worried that you can’t claim compensation.

This is not the case, you may be able to make your claim through the Motor Insurers’ Bureau (MIB). The MIB was founded to help compensate those who have been injured or had property damaged due to uninsured or untraceable drivers (such as hit-and-runs).

Your case will still need to meet the personal injury claiming criteria.

To learn more about when pedestrian accident claims could be made through the MIB, you can contact our advisors.

A woman checking on an unconscious pedestrian lying on the road in front of a car

What Evidence Is Needed In Pedestrian Accident Claims?

When making any claim, you will need evidence that supports your case. Examples of evidence that could be useful for pedestrian accident claims may include:

  • Details of any vehicles involved (model of the car, the colour, and registration number).
  • Details of the driver (name, address and insurance details).
  • Photographs of the scene
  • CCTV or dashcam footage of the accident,
  • A police reference number if they were called to the scene of the accident.
  • Details of any witnesses who may be able to provide a statement about the accident.
  • Medical records about your injuries and their treatments.

If you talk with our advisors about your case, they may be able to connect you with a solicitor on our panel who could help you with gathering evidence to support your claim.

How Much Compensation For A Pedestrian Injury?

A lot of people wonder how much compensation they could receive for a successful claim. However, as every case is different, there is no average compensation amount.

General damages is the head of loss that will be awarded in every successful pedestrian accident claim. This compensates you for the injuries you’ve suffered as well as the pain and suffering they have caused you.

Those in charge of valuing your claim for this head of loss can refer to your medical records in addition to the Judicial College Guidelines (JCG).  Within this, are guideline compensation brackets for a range of injuries.

You can see some of these compensation brackets in the table below. Please remember that these are only guidelines, and also note that the first entry does not come from the JCG.

InjurySeverityAmount
Multiple Severe Injuries With Special DamagesSevereUp to £1,000,000+
Head injuryVery severe£344,150 to £493,000
Moderately severe£267,340 to £344,150
Back injurySevere (i)£111,150 to £196,450
Severe (ii)£90,510 to £107,910
Severe leg injuryMost Serious Injuries Short of Amputation£117,460 to £165,860
Arm InjurySevere£117,360 to £159,770
Less Severe£23,430 to £47,810
Foot injurySevere£51,220 to £85,460
Neck injuryModerate (i)£30,500 to £46,970

Can I Claim For Loss of Earnings Caused By Pedestrian Injuries?

You may also be able to claim a secondary head of loss known as special damages. This compensates you for the monetary expenses and losses that your injuries have caused you.

Examples of special damages could include but are not limited to:

  • Loss of earnings (including future loss of earnings)
  • Medical expenses
  • Travel expenses
  • Mobility aid costs

In order to claim any special damages, you will need to provide evidence, such as:

  • Wage slips
  • Receipts
  • Invoices
  • Bank statements

If you have any questions regarding how compensation is calculated in personal injury claims, you can contact our advisors.

Make A Pedestrian Injury Claim On A No Win No Fee Basis

The solicitors who work on our panel are able to handle pedestrian accident claims on a No Win No Fee basis. Specifically, they will offer a Conditional Fee Agreement.

By working with a solicitor under this type of contract, you will experience the following benefits:

  • Not having to pay for your solicitor’s services upfront.
  • Not paying anything for their work as the claim progresses.
  • Nothing to pay for the work they have provided should the claim fail.

Should the claim be successful, your solicitor will deduct a percentage from your compensation as their success fee. The law also limits how much this percentage can be.

Contact our advisors today to discuss your case and see whether you may be able to work with a solicitor from our panel:

A solicitor explaining the pedestrian accident claims process to a client

Learn More About Claiming For Road Traffic Accidents

Learn more about the other types of road traffic accident claims we could help you with:

Further external resources:

Thank you for reading this guide on pedestrian accident claims.