Pedestrian Car Accident Compensation Claims

Pedestrian car accident

Pedestrian car accident claims guide

In this guide, we are going to cover the basics of making a personal injury claim for injuries caused by a pedestrian car accident. We will be looking at how these accidents can happen, and the kinds of injuries they can cause.

When on the road, all road users owe one another a duty of care. This means that they need to act in a way that reduces the risk of injury to others. However, this duty does not just extend to other vehicle users. Pedestrians are owed a duty of care, too.

The circumstances that lead to your claim, and for claiming damages, will be unique to you. Your claim might be somewhat similar to other claims, but it will not be exactly the same. We are only covering the basics in this guide. Therefore, you might not find all of the answers that you need on this page. For more information, you can:

  • Call on 0800 408 7825.
  • Use our web contact form
  • Speak to an advisor using the live chat feature to the bottom right of this screen

Select A Section:

What Is A Pedestrian Car Accident?

Not all road traffic accidents involve two or more vehicles. Any road user could be involved in a traffic accident, and this includes pedestrians.

A pedestrian car accident is an accident where someone travelling on foot is involved in an accident with a car. Pedestrians are classed as vulnerable road users. Because they don’t have the protection offered by a car, they could be more vulnerable to serious injury when involved in an accident with a vehicle like a car, bus or lorry.

In order to make a claim as a pedestrian, you need to demonstrate a breach of duty of care. This means that you need to show that someone else’s negligence led to the accident in which you were injured.

In some cases, a pedestrian might be partly at fault for an accident in which they were injured. For example, they may go to cross the road before the signal to cross appears. However, as long as the blame can be partially shared with the driver of the vehicle, they may be able to claim. For example, the car may have been travelling too fast, making it difficult to stop for the pedestrian after becoming aware of them.

This could lead to a split liability claim. This is where your compensation is adjusted because you’re said to have contributed to your injuries.

For more information on making a claim as a pedestrian who has had an accident with a car, speak to one of our advisors today. You could be connected with a No Win No Fee lawyer from our panel.

What Could Cause A Pedestrian To Be Hit By A Car?

There are many ways that a pedestrian car accident can happen. However, in order for you to be able to make a personal injury claim for such an incident, a third party will need to be at least partially liable.

Below, we have listed some potential causes of road traffic accidents that could harm a pedestrian:

  • The driver of a car is speeding, and cannot stop in time to avoid you while you are crossing the road.
  • A driver who is distracted mounts the pavement, knocking you off your feet and causing a head injury.
  • You are hit by a car because the driver is under the influence of drugs, alcohol or prescription medication.
  • A stolen vehicle hits you, because the driver of the car is driving recklessly or carelessly.
  • Due to poor maintenance, the brakes of a car are ineffective, and this causes you to be stuck by the car because it could not stop in time to avoid hitting you.

Not every pedestrian car accident is the fault of a car driver. Sometimes, the actions of a pedestrian might wholly cause an accident to occur.

For example, a pedestrian could be drunk and stagger into the road into the path of an oncoming vehicle. If this is the case, they may not be able to claim.

If you’d like to know more about the circumstances that could entitle you to claim compensation, get in touch with a member of our team today. You could be connected with a No Win No Fee solicitor to work on your claim.

Injuries Which A Pedestrian Hit By A Car Could Suffer

If you are harmed in a pedestrian car accident, then your injuries could be very severe. As we’ve already mentioned, cyclists are vulnerable road users. This means that they don’t have the protection offered by a vehicle. Because of this, they have the potential to sustain serious injuries.

Below are some examples of injuries you could suffer if hit by a car.

If you have a valid claim, a personal injury lawyer could help you collect evidence to give you the best chances of success. Get in touch with our claims team today, and one of our advisors could connect you with a No Win No Fee solicitor from our panel.

Can I Claim On Behalf Of A Child Or Another Person?

In many cases, a claim for personal injury compensation will have to be made by the person who sustained the injuries in question. However, there are some circumstances where a third party can pursue a claim on behalf of someone who was injured.

One of these instances is if the injured person is under the age of 18. This means that they cannot legally pursue their own claim for compensation.

Another example is if someone lacks the mental capacity to make a claim for compensation. This might be because they have learning difficulties, mental health problems or have been sectioned under the Mental Health Act 1983.

In both cases, a litigation friend can pursue a claim on behalf of the injured person. This is someone who is trusted to act in the best interests of the claimant.

You should be aware that there is a general three-year time limit to beginning a personal injury claim. However, the circumstances that mean that a litigation friend is required might also impact this time limit.

For more information on the role a litigation friend plays and how claiming on behalf of someone else can affect the time limit, contact us today. One of our advisors will be happy to offer you free legal advice about claiming.

What Evidence Could Support A Pedestrian Car Accident Claim?

If you want to try and make a personal injury claim for a pedestrian car accident, you need to prove that another party was liable for the accident that caused you to be injured. Below, we have listed some of the evidence you could provide in support of your claim:

  • If safe to do so, take video or photographs of the scene of the accident and cause. You can also request CCTV footage that might have caught the accident
  • Gather driver and vehicle details for everyone involved in the accident.
  • Seek medical attention. This has the clear benefit of ensuring that you get treatment for your injuries. However, it also means that a medical report is generated; this could be used to support your claim.
  • Get the police incident/accident number.
  • Gather contact details for witnesses.
  • Begin to document any financial losses you face.

There may be other kinds of evidence that are applicable to your circumstances. A personal injury solicitor would be able to advise you on what you could collect to support your claim.

If you’d like to be connected with a solicitor from our panel, you can get in touch with one of our advisors today. They can also offer you free legal advice about your circumstances.

Calculating Personal Injury Claims

It’s difficult to give an average compensation award for pedestrian car accident claims. This is because all claims are assessed based on individual circumstances. Furthermore, these kinds of accidents can cause a wide range of different injuries.

We used the Judicial College guidelines to create the table below. These are guidelines that can be used to help value claims. They contain a wide range of different injuries of varying severities, alongside the relevant compensation bracket.

Injury Severity LevelPossible DamagesAdditional Information
Hand Moderate£5,260 to £12,460As examples, crush injuries or lacerations that cause significant damage to the hand, and will potentially reduce functionality until healed.
Hand Amputation£90,250 to £281,520Covering the loss of of one or both arms, either partial loss (at elbow) or full loss (at shoulder).
Hand Moderate£23,460 to £36,120For example, a moderate case of whiplash that causes significant pain and suffering until healed.
ParaplegiaN/A£205,580 to £266,740Complete paralysis of all four limbs. The level of pain and mental anguish encountered also forms part of the consideration for compensation.
Head injury Minor £2,070 to £11,980If there is any brain damage in these cases, it will be minimal.
Eye Loss £51,460 to £61,690

This award is for the total loss of one eye. The compensation award will consider the psychiatric and cosmetic affect of this kind of injury.
Chest N/AUp to £3,710

Where soft tissue injuries or rib fractures cause serious pain and disability, but this only lasts for a period of weeks.
Back Severe (iii) £36,390 to £65,440Where an injury like a disc lesion, disc fractures, fractures to vertebral bodies or soft tissue injuries lead to chronic conditions where disabilities persist despite treatment.
Shoulder Serious £11,980 to £18,020Where the shoulder has been dislocated, leading to pain in the shoulder and neck caused by damage to the lower brachial plexus injuries.
Arm Severe £90,250 to £122,860Where the arm is not amputated, but the injuries leave the claimant little better off than if it had been.

The part of your compensation that relates to your pain and suffering is called general damages. As part of your claim, you will be invited to attend a medical appointment, where your injuries will be assessed by an independent expert. The report from this meeting will be used to determine the level of compensation you’re entitled to.

You could also claim special damages. These all relate to some kind of financial loss caused by the injuries you have sustained.  Some examples include:

  • Care costs.
  • Private medical costs.
  • Loss of earnings, including future loss of earning potential.
  • Adaptations to your car and home if you need them to cope with disability.

We recommend that you collect evidence to support the special damages head of your claim, as you may find it difficult to claim without it. Get in touch with one of our advisors for free legal advice about the evidence you could provide.

Start Your No Win No Fee Pedestrian Car Accident Claim

If you choose to make a personal injury claim with a solicitor, you may be worried about paying large legal fees at the beginning of the process, particularly when there’s no guarantee that your claim will be successful.

A No Win No Fee lawyer would not ask to be paid unless the claim is successful. This means that you don’t have to pay anything at the start of the claim, while it’s ongoing or in the event that you’re not awarded compensation.

If your claim is successful, then your solicitor will deduct a small success fee from your compensation award. This fee is legally capped.

If you are interested in using this kind of agreement to fund legal representation, you can use the contact details below to get in touch with our team of advisors. They can help you further:

  • Call on 0800 408 7825.
  • Use our web contact form
  • Speak to an advisor using the live chat feature to the bottom right of this screen

Learn More

Below are some links to other claims guides you might find useful:

Passenger Personal Injury Guide

Public Transport Accident Claims

Claiming For An Accidental Death

Here are some links to other relevant websites:

The Highway Code

Vehicle Insurance And Accidents Explained

Reported Road Casualties Great Britain: Road User Risk, 2020 Data

Thank you for reading our guide on making a pedestrian car accident claim.

Article by AH

Publisher ET