Last updated on April 13th, 2022
If you’ve been injured as a pedestrian after being struck by a car or other vehicle, you may be eligible to make a pedestrian accident claim for compensation.
The lack of any physical protection makes pedestrians extremely vulnerable to severe injuries from careless drivers and other road users. While a pedestrian hit by a car might be considered lucky to escape with minor bruises and cuts, some pedestrians, unfortunately, suffer traumatic, life-changing injuries.
However serious the accident, if it was caused by the negligence of another road user, you could seek compensation for your injuries. Not only that, but you could claim any money back that you’ve lost because of the accident. For example, you may need to claim compensation for loss of earnings if your injuries prevented you from working.
In this guide to pedestrian accident claims, we’ll explain the process of claiming compensation and look at what level of compensation could be paid.
If you’re considering starting a claim, we can help. We have a team of advisors who provide no-obligation case reviews and will give free and impartial advice on your eligibility to claim. Where there appear to be strong grounds to make a pedestrian accident claim, you could be partnered with one of our vastly experienced personal injury solicitors. If your claim is taken on, you’ll benefit from our No Win No Fee service.
We can help if you were the pedestrian who was injured or if you’d like to claim on behalf of a child who was hit by a car. To start the claims process right away, please contact our team on 0800 6524 881. To find out more before calling, please read on.
Table of contents
- Am I Eligible To Make A Pedestrian Accident Claim?
- Evidence To Support A Pedestrian Accident Claim
- Common Driver Negligence That Result In Pedestrian Injuries
- Common Injuries Suffered By Pedestrians
- How Much Compensation Do You Get For A Pedestrian Accident?
- Time Limits For Pedestrian Accident Claims
- Hit And Run Accident Claims
- Using A Personal Injury Solicitor For Making A Pedestrian Accident Claim
When asking a personal injury solicitor to represent you, they will want to review whether your case has a reasonable chance of success. Therefore, before starting a pedestrian accident claim, a solicitor will try to determine whether:
- You were owed a duty of care by the defendant in the case (almost always yes).
- If they breached that duty by being negligent and an accident ensued.
- Whether you sustained any injuries as a pedestrian because of the accident.
Negligence can be caused by many different actions. We’ll provide more detail later on but it could include driving without attention, drunk driving, reversing without looking backwards, or speeding.
All road users owe each other a duty of care according to the Road Traffic Act 1988. That means your claim as a pedestrian could be against a cyclist, motorcyclist, or drivers of buses, cars, lorries, taxis, vans, or any other vehicle including those not legally allowed on the road such as privately owned e-scooters.
Even if you have no doubts that your accident was caused by negligent driving, you will need evidence to substantiate your pedestrian accident claim. Importantly, not only will you need to prove what happened and who was to blame, but you will also need evidence to prove the extent of your injuries. The evidence that could help to achieve this might include:
- Details of any vehicles involved. Take a note of the model of the car, its colour, and registration number. Also, ask the driver for their name and insurance details.
- Photographs of the accident scene. If you are able to do so safely, try to take pictures of the accident scene.
- Police report. Make a complaint at the nearest police station and keep a record of the report.
- CCTV footage. Where the accident was recorded on security CCTV cameras or dashcam devices, ask for a copy of the footage as soon as possible.
- Witness details. If the person responsible for your injuries denies liability for the accident when you make a claim, witnesses could be called upon by your solicitor to provide a statement about what they saw.
- Medical records. If you don’t go to a hospital in an ambulance, you should make your own way there to have your injuries assessed and treated. Later on, your medical records could help to prove the extent of your injuries and the treatment you endured.
For advice on obtaining the best evidence to support your pedestrian accident claim, please contact our claims advisors today.
To give you some idea of common driver negligence that results in pedestrian injuries and compensation claims, we’ve listed some below. They include accidents caused where a driver:
- Fails to stop at traffic lights.
- Is distracted by their mobile phone, sat-nav, or another device.
- Is speeding or driving recklessly.
- Fails to stop at a zebra crossing.
- Is drunk or under the influence of drugs.
- Passes a stop sign without coming to a halt.
- Or where a bus driver is negligent and pulls into a bus stop clipping a pedestrian with the bus’s wing mirrors.
If you suspect you’ve been injured as a pedestrian because of negligent driving, please do get in touch to discuss your options.
Minor injuries – Minor injuries can range from scrapes, cuts, bruises, and sprains, to deeper lacerations and gashes accompanied by profuse bleeding. Although injuries suffered by most pedestrians hit by a car may require only minimal medical intervention to heal, they often leave the victims with permanent scarring. Regardless of the severity of the injuries, being involved in a road traffic accident also impacts the victim’s emotional well-being.
Broken bones – Even if the driver was going slowly, a pedestrian can suffer from broken bones simply because of the weight of the vehicle and the way in which the impact happened. Broken bones can require extensive medical treatment and can have a huge impact on a person’s life and their ability to perform everyday tasks.
Traumatic head, brain, and spinal injuries – Often when pedestrians are struck by a vehicle, their entire body hits the ground, and because it happens so fast, they do not get a chance to break their fall. Pedestrians usually do not have anything to protect their head, neck, and spine from the pavement or road below, and this can result in serious head and brain injuries, and injuries to the spine.
Emotional trauma – Many people experience long term emotional trauma after being involved in any road accident, whether as a driver or pedestrian. Being afraid to walk on the pavement when there is traffic, or crossing a road after an accident are signs that you may be suffering from emotional trauma.
Fatal injury – Far too many pedestrians are killed in the UK. According to government statistics, there were 346 pedestrian deaths in Great Britain in 2020, and as we all know that was a quiet year for traffic on the roads. That’s not to say that every death was due to negligence of course. However, if you do want to claim compensation for the loss of a loved one who you believe died due to careless driving, please refer to this page.
There isn’t a set compensation payout amount for a pedestrian accident you’d get if your claim is successful. This is simply due to the vast difference in each claim. For example, in a pedestrian hit by a car claim where the victim suffers a dislocated knee, they would almost certainly receive far less compensation than a pedestrian knocked over by a motorcycle causing severe brain damage. However, in the subsection below you’ll find our compensation calculator that will give you some idea of compensation amounts.
Your personal injury solicitor will calculate how much compensation you should get by splitting your pedestrian accident claim into two distinct elements:
- General damages. This element covers your compensation for any pain or suffering you’ve had to deal with because of your injuries.
- Special damages. This element covers your compensation for any costs, losses or expenses caused by your pedestrian accident. For example, you could claim for the cost of any clothes damaged in the accident, lost income, or medical costs, to name but a few.
You can read more here about general and special damages if you would like to.
To give you some idea about compensation payouts for personal injuries from being hit by a car and other vehicles, we’ve provided an accident compensation calculator below. It lists a range of injuries and their associated compensation range.
One of our personal injury solicitors will be able to provide a more accurate compensation assessment once your injuries have been properly assessed.
Personal injury claim time limits mean that you will have 3-years to make your compensation claim for a pedestrian accident. The time limit will begin from either:
- The date of your accident; or
- When you became aware of your injuries (date of knowledge). This might apply if you were in a coma following the accident for example.
We suggest that you start your claim as soon as possible so that everything is as fresh in your mind as it can be. Additionally, your solicitor will be grateful as the tasks they need to carry out prior to claiming can take some time.
If your child has been injured in a pedestrian accident, or in the case of an adult who doesn’t have the mental ability to claim themselves, the 3-year limitation period will not apply if you become their litigation friend. This process allows a responsible adult to represent them and claim on their behalf. However, there are caveats to this.
For children, you can make a claim as a litigation friend anytime before they are 18-years old. If you don’t do so they’ll then have 3 years from their 18th birthday to do so themselves. Please bear in mind they’ll have to start the claim as early as possible so they don’t run out of time.
For adults who do not have the mental ability prior to the accident or due to the accident to claim themselves, the 3-year time limit won’t apply. However, if they regain the mental ability to make a claim, they’ll have 3 years in which to do so from that point.
The process essentially means you’ll deal with solicitors and courts on their behalf.
You might think that it isn’t possible to make a pedestrian accident claim if the vehicle did not stop at the scene. However, so long as you can provide some details about the vehicle and the accident, you could still be compensated. That’s because of a scheme run by the Motor Insurers Bureau (MIB).
Funded by levies on insurance premiums, their scheme allows claims to be made where a driver cannot be identified, or if they have no insurance. We can help with MIB claims if you’ve been injured in a hit and run so please call for more information.
When seeking compensation for your personal injuries, your pedestrian accident claim is probably going to be passed to the driver’s insurance company. Before they agree to pay a penny in compensation, you’ll likely need to prove to them how their client was to blame for the accident and your subsequent injuries.
This isn’t always an easy thing to do, especially if the defendant raises objections. Therefore, we believe it’s best to have a personal injury solicitor on your side during any claim.
If one of our solicitors decides to represent you in a No Win No Fee accident claim, they’ll field all questions and objections raised by the defendant for you. That means there won’t be any tricky legal or medical questions to answer. As the claim progresses, your solicitor will keep you informed with regular updates too.
In all cases, your solicitor will try to achieve as much compensation as possible by fighting your corner and providing additional evidence where needed.
If you would like to discuss how we could help you make a pedestrian accident claim, please contact our advisors on 0800 6524 881 today.