Pedestrian Accident Claims Involving Vehicles And Cyclists

This guide will explain how to make a pedestrian accident claim for compensation.

Pedestrian accident claims involving vehicles and cyclists guide

Pedestrian accident claims involving vehicles and cyclists guide

There are many different causes of pedestrian accidents. A pedestrian accident can happen because a driver was not paying due care and attention. Or poor infrastructure on the roads can cause a pedestrian accident. However, pedestrian accidents are not always the fault of a driver and sometimes pedestrians can be the fault of an accident. Unfortunately, many road traffic accidents involving pedestrians can cause serious or life-altering injuries. And sometimes, pedestrian accidents can be fatal.

Public Interest Lawyers can help you if you wish to claim compensation for a pedestrian accident. Please call us today for your free consultation. We will be happy to advise you on the best course of action after a road traffic accident. If our advisors conclude that your case has legitimate grounds they can connect you to a road traffic accident solicitor. Any claims taken on by our panel of personal injury solicitors will be conducted using a No Win No Fee agreement.

To begin your claim, please call us on 0800 408 7825. Or you can contact us about your claim via our claims website.

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What Is A Pedestrian Accident?

A pedestrian travels on foot or uses a mobility aid such as a wheelchair. Therefore, very often a pedestrian accident involves a person being hit by a vehicle, cyclist or motorbike user. It is not uncommon, however, for a pedestrian to also be partially or fully responsible for an accident. If the pedestrian is partially responsible for a road traffic accident they are injured in they are still eligible to claim. Albeit the compensation may be reduced accordingly.

Usually, these types of accidents occur when the pedestrian is crossing the road. Under the Highway Code and the Road Traffic Act 1988, all road users owe each other a duty of care not to cause harm through avoidable accidents.

Pedestrian accidents can involve the following vehicles:

  • Cars
  • Buses and public transport
  • Vans
  • Lorries
  • Bicycles and scooters
  • Motorcycles, mopeds and motor scooters
  • Heavy goods vehicle (HGV)

Can you claim for being hit by a car? You could make a pedestrian accident claim for the injuries you suffered if another party that owed you a duty of care had been negligent. For example, you can make a pedestrian claim for being run over, if the driver behaved recklessly.

But what happens if a pedestrian causes an accident? The pedestrian may make a split liability claim if the driver is partially at fault. Or the pedestrian may not be able to claim any compensation at all if they are deemed totally liable for the accident. If you have been injured as a pedestrian, call our advisors today. They will take you through the claims process and provide free legal advice on the best route for you to take.

Common Causes Of Pedestrian Accidents Involving Vehicles And Cyclists

What are some common causes of pedestrian accidents? A pedestrian can be hit by a vehicle if the driver neglects to drive safely. Cyclists and motorbike users also need to ensure that they are riding and driving safely so as not to cause injuries to pedestrians. Following the rules of the Highway Code is massively important to keep all road users safe.

A pedestrian accident can also happen because of poor conditions on the road or poor infrastructure. For example, a faulty traffic light at a pedestrian crossing can cause accidents. A local council may be liable for the injuries if the accident was caused because of poor road conditions.

Below we are going to look at ways and example scenarios of how accidents may happen that involve a pedestrian.

Careless Or Reckless Driving

If a driver or motorcycle rider does not show due care and attention, they may hit a pedestrian. If a driver becomes distracted, they can hit a pedestrian. Or an accident can happen because the driver or motorcycle rider is under the influence of drugs or alcohol.

Hit And Run Accidents

If a road traffic accident occurs, the driver must pull over when safe to do so. When another person is injured or property is damaged by law the driver must stop and exchange details with anyone who has the right to them. A hit and run driver drives away from the accident scene, which is illegal. If an untraced or uninsured driver hits you, you can claim through the Motor Insurers Bureau for personal injury compensation.

Accidents At Junctions

A driver may not make the proper observations before pulling out at a junction. Therefore a driver could hit a pedestrian who is crossing the road. Bad weather may make it harder for a driver to see a pedestrian. Therefore drivers must always show caution at junctions.

Accidents At Pedestrian Crossings

Careless driving can cause a pedestrian accident. A pedestrian accident can also happen if the traffic lights are faulty. However, drivers must always pay attention to pedestrians crossing the road. Especially if the pedestrian is a vulnerable person, for example, someone who is elderly.

Accidents Caused By Pedestrians

A pedestrian can also cause an accident. For example, a child can run into oncoming traffic. Or a pedestrian may act recklessly and cross the road when it is not safe to do so. Drivers must always be on the lookout for pedestrians, especially near schools, hospitals and playgrounds.

How Often Do Pedestrian Accidents Happen?

In Great Britain, according to figures provided by the Government, there were 346 pedestrian deaths on the road in 2020. The number of pedestrians killed on the roads decreased by 26% from 2019. However, a pedestrian is more vulnerable to injury if involved in a road traffic accident.

Reported pedestrian injuries of all severity in Great Britain during 2020 amounted to 14,750. This is a reduction of 32 from 2019 and a decrease of 43 from 2010.

Who Is At Fault In A Pedestrian Accident?

Road users have a duty of care towards other road users. Indeed, this is codified in the Road Traffic Act 1998. So what happens if a driver hits a pedestrian? If the accident was the driver’s fault, the driver could be liable for the pedestrian’s injuries. Therefore, the injured person could pursue a claim for pedestrian accident compensation against the driver.

The onus is on the pedestrian to prove that the driver is liable. Firstly it must be established that a duty of care was owed. Then how this duty was breached and how the negligence caused injury to the pedestrian in order for the pedestrian to hold a valid claim.

Pedestrians also must behave safely and responsibly when using the roads. What’s more, the Highway Code also has rules for pedestrians. So, what happens if a pedestrian causes an accident? If the pedestrian is at fault, for their own injuries they can not claim compensation. If both parties admit fault, a pedestrian can claim a split liability. Whereby the injured pedestrian can receive a partial payment of their compensation.

When a personal injury claim is made, legal representatives for both parties are supposed to enact the pre-action protocols to find a resolution. If the third party does not admit liability for the injuries, the claim will have to go to court to be settled by a judge.

What Happens After Pedestrian Road Traffic Accidents?

Road traffic accidents can cause dangerous injuries. In some instances, the accident may cause serious or life-threatening injuries. If someone is seriously or critically injured, the first thing to do is call the emergency services.

What Should I Do If I Hit A Pedestrian In The UK?

If you hit a pedestrian, you must pull over and stop your vehicle at the nearest safe place. If anyone is injured it is vital to call for an ambulance. You must provide details to whoever is involved in the accident. It is important to collect evidence to show who may be at fault, only if you are uninjured and this is safe to do so.

What Should I Do If I Am Hit By A Car?

If you are hit by a car your first priority is to ensure that you have any injuries looked at straight away. Something that may seem minor may turn into something more serious if not treated when needed. If it is safe to do so and you are not injured you can collect evidence so that liability can be proven.

You should take the driver’s licence plate number and contact details if you are well enough. Furthermore, you can collect evidence in case you want to make a pedestrian accident claim, including photographs of your injuries.

Pedestrian Accident Claims Calculator

If your pedestrian accident claim for compensation is successful you can be awarded up to two types of damages. General damages compensate you for the suffering, pain and loss of enjoyment that your injuries cause you. While special damages will look to reimburse and provide future financial expenses.

How much compensation can you claim? The compensation amounts in this table are based on guidelines from the Judicial College. Legal professionals use this publication to hone in on a value for injuries. The figures in the publication come about from past compensation claims that have been settled in court.

Affected Body PartType Or Degree Of Injury  
Skeletal InjuriesMultiple Facial Bone FracturesThe person could be left with some degree of permanent deformity.£13,970 to £22,470
Skeletal InjuriesA Le Fort FractureFracture affecting the frontal facial bones.£22,350 to £34,480
CheekboneFracture (i)A serious fracture of the cheekbone which requires surgery and which leaves lasting consequences.£9,570 to £14,810
Jaw BoneFracture (iii)A simple fracture which can be fully recovered from.£6,060 to £8,200
Facial InjurySignificant ScarringWhere plastic surgery can reduce the worst of the effects but leave some cosmetic disability.£8,550 to £28,240
Foot InjuryModerateThe injury could present as a displaced metatarsal fracture. The person could be left with a deformity and symptoms which are still continuing.£12,900 to £23,460
Achilles TendonSeriousThere was a complete division of the tendon which was repaired successfully.£23,460 to £28,240
Ankle InjurySevereThe person could require either an extensive recovery or period of treatment. They may need plates and pins in the affected ankle.£29,380 to £46,980
Knee InjuryModerate (i)A dislocated knee or cartilage tear which leads to wastng or minor instability.£13,920 to £24,580
Finger InjuriesSevere FracturesThe injury could require an amputation of the finger, cause deformity and reduce the use of grip and function on that hand.Maximum of £34,480

The table includes general damages, which compensates you for the pain, suffering and loss of amenity caused by your injuries. The table does not include special damages. Please feel free to call our claims helpline, and we can estimate how much compensation you could claim.

In addition, you may be eligible to claim special damages, which reimburse you for your finanical losses following a personal injury. Here are some of the costs you could claim as special damages:

Why Use No Win No Fee Solicitors To Claim For A Pedestrian Accident?

If you wish to make a pedestrian accident claim, we can help you. Here at Public Interest Lawyers, our advisors can evaluate your case. They can provide free legal advice and the best course of action for you. When they think your case has good solid grounds they can connect you with a personal injury solicitor who can handle your claim as a No Win No Fee case. You will only pay for their services if your solicitor wins your claim.

To begin your pedestrian injury compensation claim, please get in touch with us using the details below:

  • Call our claims helpline on 0800 408 7825.
  • Or use our online claims form to contact us.
  • Alternatively, please ask us a question directly using the Live Chat function on our screen.

Resources

If you have found this article helpful, you may wish to read these other online guides.

Car Accident Compensation Claims For Crashes On A Public Road Guide

Claiming Compensation For A Car Park Accident

Public Transport Accidents

The parliamentary briefing on road traffic accidents

Government Road Traffic Accident Injury Statistics For June 2021

An NHS guide to whiplash injuries

We are grateful that you took the time to read our guide to making a pedestrian accident claim.