This is our guide on how you could make a claim with pedestrian accident solicitors. We outline the eligibility criteria for making a personal injury claim after a road traffic accident as well as the time limits that are in place for starting the claim.
Moreover, our guide covers the types of pedestrian accidents that could occur and what injuries could be caused. This guide goes one step further and examines how it is possible to claim through Motor Insurers’ Bureau when hit by a fault, uninsured or untraceable driver.
Evidence that could be advantageous in supporting your pedestrian injury compensation claim is also something we take a look at and explain how a solicitor could help you gather this.
We also highlight how injuries are valued by road accident solicitors and provide a table of compensation guidelines to offer visual clarity.
To conclude our guide, we explore how No Win No Fee works and how the success of your claim dictates the payment of your solicitor.
To learn more about making a claim with pedestrian accident solicitors, please continue to read our guide. Alternatively, you can speak with a member of our team who can offer a free consultation about your claim.
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- How To Claim With Pedestrian Accident Solicitors?
- Types Of Pedestrian Accident Claims
- How To Prove Your Pedestrian Injury Claim?
- How Much Could Pedestrian Accident Claims Be Awarded?
- Could You Claim With No Win No Fee Pedestrian Accident Solicitors
- Learn More About Pedestrian Accident Solicitors
To make a claim, you should be able to illustrate the following:
- You were owed a duty of care.
- There was a breach of this duty by another road user.
- This breach led to you suffering injuries.
Road users have a duty to navigate the roads in a way that reduces the possibility of harm being caused to themselves and others. If they fail to do this, they could be in breach of duty, leading to injuries. This is the definition of negligence, from which you would have grounds to bring forward a claim.
How Could Pedestrian Road Accident Solicitors Help?
Although it is not a legal requirement to have a solicitor represent your case, they can be very advantageous. This can be especially true if a solicitor specialising in pedestrian road accidents is appointed to your case. They will not only have the knowledge and experience to ensure that your case is backed up with all the relevant evidence they can also advise you throughout, especially when settlements are offered.
Time Limits To Claim With Pedestrian Accident Solicitors
The Limitation Act 1980 governs how long after a road traffic accident you will have to start a claim. As a standard rule, you will generally have three years from the accident to begin the process of starting a claim.
However, if a person is under eighteen at the time, they will have three years from their eighteenth birthday to make a road accident compensation claim as the time limit will be paused until then. A litigation friend can make a claim for the individual while the time limit is paused.
Additionally, if a person lacks the mental capabilities to make a claim, this will suspend the time limit and resume if they regain their mental capacity to make a claim. They will have three years from this date.
For information about claiming with pedestrian accident solicitors, please get in contact.
There are numerous ways you could sustain injuries in an accident as a pedestrian. Examples are as follows:
- A vehicle may be reversing out of a driveway when you are hit by it.
- You may be involved in a car park accident when a vehicle comes around a corner and collides with you whilst you are walking.
- You could walk over a zebra crossing when a vehicle does not stop, crashing into you.
- You may cross between stationary vehicles, stepping out into the road and colliding with a vehicle.
- A hit and run pedestrian accident – If a driver is uninsured or untraced and is at fault, you could claim through the Motor Insurers’ Bureau, which compensates victims who make this kind of non-fault claim.
They work in partnership with the police, the Driver and Vehicle Licensing Agency and insurance companies.
For more information about claiming through the MIB, please speak with our team.
Evidence could help you make a successful claim. This can support your injury claim and make it easier to establish liability for your injuries.
- Footage from dashcams or CCTV can help to illustrate who was at fault for the accident.
- Having photographs of your injuries and the site of the accident can provide a picture of what happened.
- Copies of medical records will support your claim as they can prove the harm you suffered
- Collecting the contact details of witnesses.
A solicitor from our panel can gather the evidence needed for your personal injury claim.
If your pedestrian accident claim is successful, you can be awarded two types of damages: general damages that will compensate you for the pain and suffering that your injuries have caused you and special damages to reimburse you for costs and financial losses caused by the injuries.
Pedestrian accident solicitors may consult the Judicial College Guidelines to assist them in the process of valuing the injuries you suffered. It is a document that provides compensation brackets for numerous injuries
These are displayed in the table below, though they are not definite representations of the payout you may receive. The figures are not guaranteed.
|Moderately Severe (b)
|There is serious disability which requires constant professional care. Disabilities can be physical or cognitive.
|£219,070 to £282,010
|Amputation (a) (iv)
|The top range of the bracket would be awarded for traumatic amputations which may occur in an accident.
|£97,980 to £132,990
|Severe (b) (i)
|Includes extensive degloving, bone grafting or gross shortening of the leg.
|£96,250 to £135,920
|Severe (b) (iii)
|Compound or comminuted fractures causing instability.
|£39,200 to £54,830
|Injuries that are extremely serious and only just falling short of amputation.
|£96,160 to £130,930
|Fractures of the forearm that are simple.
|Severe (a) (ii)
|Nerve root damage related to loss of sensation and impaired mobility.
|£74,160 to £88,430
|Severe (a) (ii)
|Leg fractures which extend into the knee joint and cause constant and permanent pain.
|£52,120 to £69,730
|Moderate (b) (i)
|Dislocation and torn cartilage resulting in minor instability.
|£14,840 to £26,190
|Shoulder is dislocated and there is damage to the lower brachial plexus.
|£12,770 to £19,200
Learn More About Other Ways You Could Be Compensated
If you have incurred any costs due to your injuries, you could claim for special damages. This is a type of compensation that aims to reimburse you for financial expenditures related to your injuries.
This can reimburse things such as the costs of care, public transport, or medical treatments. They also cover any earnings that you have lost as a result of your injuries.
Evidence will help to support your claim for these damages. This can include payslips to show how your earnings have reduced after being required to take time off work and any invoices or bank statements illustrating the money you have spent on things such as physiotherapy and professional care related to your injuries.
Pedestrian accident solicitors may offer to work on a No Win No Fee basis, putting forward a Conditional Fee Agreement CFA.
This means you will not be obliged to pay for your solicitor’s services if your claim is unsuccessful. Moreover, if your claim is successful, they will take a success fee. This is a percentage of your compensation that a solicitor will deduct. It will typically be a point of discussion between you both prior to entering into the agreement. Additionally, the Conditional Fee Agreements Order 2013 legally caps the percentage they are permitted to take.
If you would like to receive an evaluation of your claim, please contact one of our advisors. They have access to No Win No Fee solicitors from our panel who could provide further guidance on this topic.
Talking To Our Team
To speak with a member of our team for advice about your claim, you can reach us using your preferred contact method below:
We hope you found our guide on claiming with pedestrian accident solicitors helpful. For more of our information, please visit the guides below:
- What Is The New Hierarchy Of Road Users?
- Vulnerable Road User Accident Claims
- How To Make A Claim For A Hit And Run
For external sites, please explore the links:
- Advice For Road Users – THINK! Government Guidance
- Reported Road Casualties In Great Britain, Provisional Estimates: Year Ending June 2022 – Government Statistics