How To Make A Pedestrian Injury Compensation Claim

Have you suffered an injury as a pedestrian due to negligence? If so, you may be entitled to compensation if you file a pedestrian injury compensation claim. Compensation won’t take the pain and suffering away, but it can help you get your life back on track.

Pedestrian injury compensation

Pedestrian injury compensation guide

Suffering an injury can lead to physical, financial, and psychiatric damage. It can also be a confusing, frustrating and worrying time if the accident was due to someone else’s negligence. You may be unsure who to turn to, but our friendly team of advisers are here to help. 

They’re available 24 hours a day to offer you free legal advice and answer any questions you may have. They can assess how much compensation you could be owed and explore your next steps. If your claim is legitimate, they can connect you to a personal injury solicitor from our panel to begin working on your pedestrian injury compensation claim. 

You can get in touch with our expert team of advisers by:

  • Calling an adviser on 0800 408 7825 to then talk through your case.
  • Filling our online information form with your details to then request an adviser calls you back whenever you’re next available.
  • Chatting with an adviser on our instant chat box to then get a reply immediately. 

Select A Section

  1. Our Guide To Making A Pedestrian Injury Compensation Claim
  2. Do Road Users Owe Pedestrians A Duty Of Care?
  3. Can Pedestrians Be Partially At Fault?
  4. What Pedestrian Injuries Could You Claim For?
  5. Pedestrian Injury Compensation Claims Calculator
  6. Can I Make A No Win No Fee Pedestrian Injury Compensation Claim?

Our Guide To Making A Pedestrian Injury Compensation Claim

When we think of a road traffic accident, we often imagine two or more vehicles colliding. However, a road traffic accident can also include pedestrians and any other road user. A pedestrian accident could occur if a vehicle collides with a pedestrian. 

Pedestrians are often at high risk because they don’t have protection (for example, an airbag) as most drivers do. This leaves them at high risk of suffering a serious injury in a road traffic accident, whereas a vehicle driver may suffer less serious injuries in comparison.

Please don’t hesitate to contact our experienced team of advisers who can have a chat with you about your claim. If your claim is valid, they can connect you to a road traffic accident lawyer from our panel who can begin working on your pedestrian injury compensation claim.

Pedestrian Accident Statistics

The statistics below include the latest Department for Transport figures showing the number of casualties per road user in 2020. As you can see, car occupants had the most reported causalities with 64, 255. On the other hand, pedestrians account for 14,750. Here is a breakdown of all road casualties reported in Great Britain in 2020:

  • Bus and Coach  – 1,506
  • Car Ocuppant  – 64,255
  • Goods Vehicle – 4,154
  • Motor Cyclist  – 13,604
  • Other Vehicle – 1,021
  • Pedal Cyclist – 16,294
  • Pedestrian – 14,750

Do Road Users Owe Pedestrians A Duty Of Care?

According to the Road Traffic Act 1988, each road user has a duty of care to protect and safeguard themselves and other road users. 

If you suffer a pedestrian injury due to a vehicle users negligence, you may be able to claim. You must be able to prove that there was a clear duty of care. This duty will need to have been breached. Then you must establish how this negligence caused your injury.

Our team of advisers would be happy to discuss this with you and explore whether you may be able to make a pedestrian injury compensation claim.

Breaches In Duty Of Care

Here are examples of road traffic accidents involving pedestrians that breach a road users duty of care:

  • Speeding over the limit – Each road has a speed limit that vehicles must abide by. If a vehicle drives over this limit and knocks down a pedestrian as a result they can be liable for any suffering caused. 
  • Backing out of a driveway without checking mirrors and knocking a pedestrian walking across the pavement.
  • Driving under the influence – Running over a pedestrian on a designated crossing because of driving while drunk. 

Can Pedestrians Be Partially At Fault? 

In some instances, pedestrians can be completely at fault for the accident. This would mean that they would not be eligible to make a pedestrian accident claim. A pedestrian may also be partially at fault for the incident. However, the vehicle may also be partially at fault.

In these cases, it may be that the pedestrian is not awarded 100% of the compensation. If the pedestrian is deemed 25% at fault for the accident their compensation may be reduced by 25%.

What Pedestrian Injuries Could You Claim For?

Here are some examples of pedestrian injuries you could claim for:

Pedestrian Injury Compensation Claims Calculator

Below, we’ve included a compensation table. The figures have been taken from the updated Judicial College guidelines (JCG). These guidelines are compiled from settlements that have been awarded in past court cases. Successful claims can include up to two types of damages; general and special. The table only represents general damages – these are awarded for the pain and suffering caused by injuries. 

Injury:Severity:Notes:Compensation:
Ankle InjuriesVery SevereThese injuries are uncommon. They include ankle transmalleolar fractures with soft-tissue injuries that are extensive. This causes deformity and heightens the risk of future injuries becoming severe. £46,980 to £65,420
Ankle InjuriesSevereThis injury requires the ankle to be in plaster for a long period of time, or plates and pins may have been inserted. This results in instability of the ankle and a significant inability to walk as easily as before.£29,380 to £46,980
Foot InjuriesVery SevereThis injury results in serious disability that’s permanent and severe, permanent pain and suffering. For example, the forefoot is significantly amputated. £78,800 to £102,890
Foot InjuriesSevereBoth feet or heels are broken, resulting in permanent and severe pain and suffering and restricted mobility. £39,390 to £65,710
Wrist Injuries(a)The wrists function is completely lost and has undergone an arthrodesis.£44,690 to £56,180
Wrist Injuries(b) Permanent disability that’s significant but with some movement that’s useful. £22,990 to £36,770
Hand InjuriesSerious Hand InjuriesThe hand’s capacity has been limited to 50%. For example, all the fingers have been amputated and then rejoined, resulting in significant clumsiness.£27,220 to £58,100
Hand InjuriesSevere Fractures to FingersThis causes a lack of grip, deformity, and sensation that’s disturbed. Up to £34,480
Injuries to the Pelvis and HipsSevere (i)The lower back joint is dislocated or extensive pelvic fractures.£73,580 to £122,860
Injuries to the Pelvis and HipsSevere (ii)Pelvis dislocation or fracture involving ischial and public rami and causing impotence. £58,100 to £73,580

The above figures represent the general damages you could be awarded for your injury. Compensation claims can include both special damages and general damages. The bracket you’re awarded depends on how severe your injury is and how long it takes to treat.

Special damages compensate for the financial troubles the injury has caused you.

General damages compensate for the physical and psychological damage you’ve experienced due to your injury. For example, you may have post-traumatic stress disorder (PTSD) or anxiety

What Additional Losses Could I Claim Compensation For?

Here are some examples of special damages:

  • Care costs – You may have paid out of pocket for nursing care whilst recovering from your injuries. You may be eligible for compensation to recover these costs.
  • Loss of earnings – If you took time off work to recover from your injuries, you may have suffered a loss of earnings.
  • Medication costs – Did you pay out of pocket for your medication? If so, you may be able to claim these costs back. 
  • Travel costs – You may have paid out of pocket travelling to and from medical appointments. You may be able to claim this money back through special damages.

Can I Make A No Win No Fee Pedestrian Injury Compensation Claim?

Our team of advisers would be happy to have a chat with you about whether you can make a pedestrian injury compensation claim. If you’re eligible to claim, they can connect you to a road traffic accident solicitor to discuss working with you on a No Win No Fee basis.

A No Win No Fee agreement is also known as a Conditional Fee Agreement. This is a contract that you and your lawyer sign agreeing to adhere to the terms and conditions set out. This is done so that your lawyer can receive payment.

If you don’t succeed in your claim, your lawyer’s fees won’t be your responsibility. If you succeed in your claim, your solicitor will deduct a small percentage of your compensation. This is legally capped and you’ll be given the majority of your compensation.

Please don’t hesitate to contact our excellent team of advisers to receive 24/7 free legal advice and discuss No Win No Fee agreements in more detail. They can also answer any questions you may have and explore what your next steps may be. 

Our friendly team of advisers can be reached on:

  • 0800 408 7825 where you can then ring an adviser to chat about your case.
  • Our live chat box where you can then receive an instant reply from an adviser.
  • Our online contact form where you can then request a call back at your nearest convenience.

References

Have You Been Injured At A Public Train Station? – If you’ve sustained an injury at a train station due to negligence, you may be entitled to compensation.

Public Street Injury Claims Guide – Have you suffered an injury in a public street due to someone’s negligence? Our guide outlines how you could make a personal injury claim.

Public Bus Accident Claims Guide – If you’ve sustained an injury in a public bus accident, our article includes helpful information about pursuing a claim. 

Advice After A Foot Fracture – Have you suffered a broken bone injury in a pedestrian accident? If so, this NHS guide includes useful advice. 

Treatment of Fractures – You can find advice about broken bones in this NHS article. 

Cuts and Grazes – If you suffered cuts and lacerations during your injury, this NHS guide includes advice about how to treat them. 

Thank you for reading through our guide about filing a pedestrian injury compensation claim.