Pedestrian Accident Claims Against Drivers

In this guide, we will explore the pedestrian accident claims process. There are several steps you could take if you were injured in a road traffic accident as a result of another road users negligence. However, it’s important to understand whether you’re eligible to seek compensation. We will explore the criteria your claim must meet in more detail throughout our guide.

Pedestrian accident claims against drivers guide

Pedestrian accident claims against drivers guide

Additionally, we will explore how your compensation could be calculated should your claim succeed.

Furthermore, this guide looks at how a No Win No Fee solicitor could benefit you if you are interested in seeking legal representation.

For more information, you can continue reading. Alternatively, you can get in touch with a member of our team. They are available 24/7 to provide free legal advice. To get in touch, you can:

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What Are Pedestrian Accident Claims Against Drivers?

A pedestrian accident can involve a pedestrian and another road user such as a motorcyclist, car driver or driver of another vehicle. The injuries sustained in these accidents could vary in severity and type. Also, the accidents could happen for various reasons. For example:

  • The driver is distracted because they are using their phone. As a result, they don’t stop at a zebra crossing when a pedestrian is already crossing the road. This leads to a pedestrian car accident.
  • A driver is driving under the influence of drugs or alcohol. As a result, the driver mounts the pavement and hits a pedestrian.
  • A motorcyclist fails to adhere to the speed limits and hits a pedestrian crossing over the road at a designated crossing.

It’s important to note that not all pedestrian accidents will form the basis of a valid claim. In order to seek compensation, you must be able to prove that another road user owed you a duty of care and caused you physical harm or psychological damage after breaching this duty.

We have explored the duty of care road users owe in the section below. Please continue reading for more information. Alternatively, please get in touch to find out more about the pedestrian accident claims process.

Do Road Users Owe A Duty Of Care To Pedestrians?

Under the Road Traffic Act 1988, road users owe a duty of care to one another. As part of this duty of care, they must navigate the roads in a way that reduces the risk of harm to others. Additionally, there is guidance and rules for different road users set out in The Highway Code.

Rule 204 of the Highway Code states that there are certain road users more at risk on the road, including pedestrians. Additionally, it places a greater responsibility on those who have the potential to cause the greatest harm to reduce the threat they pose. This can include drivers.

Drivers also have a responsibility under Section 170 of the Act 1988 to stop at the scene of an accident that has caused personal injury to a person other than the driver or if damage is caused to the vehicle.

However, there may be instances where the driver fails to stop. As such, they may be untraceable. If an untraced driver hits you, you could still seek compensation through the Motor Insurers’ Bureau (MIB). The MIB provide those injured in an accident involving an untraceable or uninsured driver with a way to seek compensation.

To learn more about the pedestrian accident claims process, get in touch with our team. They can advise on which avenue you may need to take to seek compensation.

How To Prove Pedestrian Accident Claims Against Drivers

There are various steps you could take after a pedestrian accident. For example:

  • Seek medical attention: This can ensure you receive a diagnosis and treatment for your injuries. Additionally, in seeking medical attention, your medical records can be used as evidence to support your claim.
  • Collect relevant evidence: This can include the details of the driver who hit you, dashcam footage, pictures of the accident or your injuries.
  • Seek legal advice: An advisor from our team could provide you with free legal advice on the pedestrian accident claims process. They could also help you understand more about the steps you could take to seek compensation.

To find out more about the steps you could following a road traffic accident, get in touch on the number above.

Common Injuries Caused By Pedestrian Accidents

There are various injuries that a pedestrian could sustain following an accident with a driver. Examples could include:

The injuries can vary in severity. However, when assessing the compensation you could receive, the severity of your injuries will be taken into consideration. Other factors that could be considered include:

  • Recovery time
  • Prognosis for the future
  • Impact on your finances

To learn what you could be awarded within your settlement following a successful claim, please continue reading.

How Much Compensation Can You Receive For A Pedestrian Accident?

Settlements awarded in successful pedestrian accident claims can include:

  • General damages: This head of claim provides compensation for the pain and suffering caused by your physical and psychological injuries.
  • Special damages: This head of claim provides compensation for the financial losses caused by your injuries. Examples of losses you could claim back include loss of earnings, care costs and medical expenses. You will need evidence to claim these back, such as receipts and payslips.

Below, we have created a table using figures from the Judicial College Guidelines. The guidelines are often used by solicitors and other legal professionals to help them value the general damages portion of settlements.

Whilst they are based of previous court settlements, you should only use them as a guide because all claims are unique. As such, the figures in the table could differ from what you are awarded.

Injuries Severity Guideline Payout Amount Notes
Back Injury (a) Severe (i) £91,090 to £160,980 Where there has been severe damage to the nerve roots and spinal cord.
Back Injury (a) Severe (ii) £74,160 to £88,430 Where there has been nerve damage causing several issues such as loss of sensation and mobility impairment.
Neck Injury (a) Severe (i) In the region of £148,330 An injury which leaves the person with incomplete paraplegia.
Neck Injury (a) Severe (ii) £65,740 to £130,930 Where there has been serious fractures to the cervical spine discs.
Arm Injury (c) Less Severe £19,200 to £39,170 Significant disabilities have been experienced but a substantial recovery will have occurred or be expected to occur.
Elbow Injury (c) Moderate or Minor Up to £12,590 Many elbow injuries are included in this bracket such as fractures of a simple nature and lacerations.
Shoulder Injury (a) Severe £19,300 to £48,030 An injury damaging the brachial plexus causing a disability that’s significant.
Shoulder Injury (b) Serious £12,770 to £19,200 Pain in the shoulder and neck as well as other issues from a dislocated shoulder and lower brachial plexus damage.
Ankle Injury (d) Modest Up to £13,740 An injury such as an undisplaced fracture.
Hand Injury (h) Moderate £5,720 to £13,280 A penetrating wound in the hand or a crush injury are included in this bracket.

To learn more about the road traffic accident compensation you could be awarded, please get in touch on the number above.

Will The Whiplash Reforms Affect My Settlement?

The Whiplash Reform Programme brought in changes to the way low-value road traffic accident claims are made. The changes mean that adult passengers and drivers of vehicles with whiplash injuries valued at £5,000 or less must claim through the governments Official Injury Claims portal.

In doing so, whiplash injuries are valued in line with the tariff of injuries set out in the Whiplash Injury Regulations 2021. However, the tariffs apply to all vehicle occupants so even if you do not need to claim through the Official Injury Claims portal, your whiplash or soft tissue injuries could still be valued in line with the tariff in the Act 2021. Any other injuries that are not included in the tariff will be valued in the traditional way.

For more information on whether these reforms could apply to pedestrian accident claims, please get in touch on the number above.

How To Make Pedestrian Accident Claims

You could hire a No Win No Fee solicitor to represent your claim. If you are eligible, they could offer you a Conditional Fee Agreement allowing you to access their services without paying a fee upfront. Additionally, you won’t need to pay for the services they provide if the claim is unsuccessful.

If the claim you make succeeds, your solicitor will take a percentage of your compensation. This is known as a success fee and is capped by the law.

To find out whether a solicitor from our panel could offer their services on this basis, please get in touch with an advisor from our team. They can also discuss the pedestrian accident claims process in more detail. For more information, you can:

Related Pedestrian Accident Claims Resources

Below, we have provided some additional resources that you may find beneficial:

If you would like to know more about the pedestrian accident claims process, please call us today.

Article by AH

Publisher EI