By Richie Billing. Last updated 11th December 2023. This guide will explain how to make pedestrian accident claims if you’ve suffered injuries when you were hit by a car. Unfortunately, pedestrians are particularly vulnerable to being harmed in road traffic accidents.
Indeed, pedestrians have a higher casualty rate on the roads than many other road users. So less vulnerable road users such as drivers should show them extra care on the roads.
You may wonder if you can make a compensation claim for injuries suffered as a pedestrian hit by a car. If a pedestrian is injured on the road because another party acted negligently, they could make a pedestrian accident compensation claim. Public Interest Lawyers can provide you with an expert solicitor from our panel to help you claim the compensation you deserve. The personal injury solicitors from our panel usually work on a No Win No Fee basis. please call to see if you meet the right criteria to claim with the support of a personal injury solicitor from our panel.
Contact Public Interest Lawyers to discuss pedestrian accident compensation claims on the following details:
Select A Section
- What Is A Pedestrian Accident?
- Examples Of Payouts In Pedestrian Accident Claims
- What Should You Do After A Pedestrian Accident?
- How Do Pedestrian Accidents Happen?
- What Pedestrian Injuries Could You Claim For?
- Make A No Win No Fee Pedestrian Accident Claim Today
A pedestrian accident is an incident in which someone on foot is involved in a collision with a vehicle, such as a car, van or motorcycle. For example, suffering a pedestrian injury in a hit-and-run accident.
What Is A Pedestrian Accident Claim?
Pedestrian accident claims are personal injury claims made by pedestrians who have sustained injuries in a road traffic accident.
Road users owe one another a duty of care under the Road Traffic Act 1988, which means that they are responsible for protecting the safety of others on the roads. The Highway Code also instructs all road users on ways to use roads safely. In addition, the Highway Code looks at ways of protecting road users that require extra care.
So if one party acts negligently and causes pedestrian accidents, they could be held liable for any injuries sustained. For example, if a car driver hits a pedestrian because they sped through the pedestrian crossing, they will be liable for any harm suffered. The injured party could be eligible to make a claim for pedestrian injury compensation.
Can You Make Pedestrian Accident Claims If You Were At Fault?
Pedestrians can be at fault if they act negligently on the road and cause an accident that injures them. In this case, it is unlikely that the pedestrian could make a compensation claim for any injuries caused. However, if the pedestrian is only partially at fault, they could make a split liability claim for their injuries.
To see if you can claim compensation as a pedestrian, please get in touch with Public Interest Lawyers for an advisor to assess your personal injury claim.
How Long Do I Have To Make A Pedestrian Accident Claim?
If you suffered injuries due to a collision with a car as a result of another driver’s negligence, you may be interested in the limitation period in place for starting pedestrian injury claims. Typically, the personal injury claim time limit is three years from the date of the accident. This is set by the Limitation Act 1980.
However, in certain instances, there are time-limit exceptions. These include claims made on behalf of:
- Those who lack the mental capacity to make a claim for themselves. In these claims, the time limit is suspended indefinitely. However, during this time, a litigation friend could be appointed to act on their behalf. Should the injured party regain this capacity, they will have three years to start a pedestrian injury claim from that date if a litigation friend did not claim on their behalf.
- Those under the age of 18. The time limit is paused until their 18th birthday, giving them three years from that date to start a claim for their pedestrian injury. However, as with those who lack the mental capacity to claim, a litigation friend could be appointed to act on their behalf at any time before this point.
If you would like to find out if you are still within the limitation period to make a pedestrian accident claim or would like to know if you could be appointed as a litigation friend, call our advisors for free advice. They can also put you in touch with a personal injury lawyer from our panel if you are eligible.
If you receive compensation for a pedestrian injury, your payment can include up to two heads of claim. Firstly, you can receive general damages for the physical and psychological injuries you suffered in the pedestrian accident. Secondly, you can receive special damages to repay you for any unavoidable expenses related to the pedestrian injury.
Examples of special damages include:
- Medical expenses
- Travel expenses
- Specialist care expenses
- Loss of income repayment
- If you become disabled because of your injuries, you might receive payments to cover the costs of adapting your home or purchasing mobility equipment.
We created the table below to be used instead of a pedestrian accident claims calculator. The table was created using Judicial College guidelines (16th edition), which solicitors use to value general damage payments. Additionally, we’ve included the top row to show you how much compensation you could receive for multiple serious injuries and special damages. However, the outcome of every claim is different. So your payment may differ from the table’s contents if you receive compensation.
|Notes On The Injury
|Multiple Serious Injuries and Special Damages
|Up to £1,000,000+
|Settlements could include compensation for multiple injuries that are severe in nature plus expenses, such as lost wages, nursing costs and mobility aids.
|Very Severe – A – £282,010 to £403,990
|The head injury leaves the person with either little or no language function.
|Moderately Severe – B- £219,070 – £282,010
|The person is left with serious disabilities. They are substantially dependent on other people and require constant professional care.
|Moderate – Ci- £150,110 to £219,070
|The person is left with a moderate to severe degree of intellectual deficit. There could also be effects on senses.
|Severe – Ai – £91,090 to £160,980
|A spinal cord injury which leaves the person with disabilities and severe pain.
|Moderate – Bi – £27,760 to £38,780
|This bracket could include multiple different types of back injuries such as compression or crush fractures.
|Severe – Aii – £52,120 to £69,730
|A fracture impacting the knee joint. The person is left with mobility problems and may be at risk of a future arthroplasty.
|Serious – E – £29,000 to £61,910
|An injury to the hand reduces its usefulness to 50% of what it could do before.
|Serious – £24,990 to £39,200
|A foot injury which leaves the person in continual pain. They could risk developing traumatic arthritis.
|Moderate – £13,740 to £24,990
|An injury, such as a displaced metatarsal, which leaves the foot deformed.
Please get in touch with our helpline; an advisor can value your pedestrian injury claim based on your circumstances.
Being hit by a car when out walking can be a terrifying experience. If you are involved in a road traffic accident as a pedestrian, if you are able to and need medical care, you should seek the appropriate medical treatment as a priority. The medical records from your treatment can strengthen your personal injury claim.
If you are well enough to, you can also collect evidence at the scene of the incident to support any pedestrian accident claim you wish to make. Such as collecting the names and contact details of people who witnessed the accident.
Furthermore, if a driver hits you, you can request the contact details and insurance information under the Road Traffic Act 1988. If they drive off in a hit-and-run accident, you could still be eligible to claim pedestrian car accident compensation. However, you may have to make a claim through the Motor Insurers’ Bureau (MIB), which awards compensation in cases where the driver is untraceable or uninsured.
Taking photographs of the accident scene or securing dash cam footage or CCTV is vital to show how the accident happened. If you are not well enough to do any of these things, you could ask someone to help you.
Contact our advisory team for free help obtaining evidence. Additionally, if you qualify, you could be connected a No Win No Fee solicitor from our panel. One of the solicitors from our panel specialising in pedestrian injury claims can help you gather the evidence needed to make a claim.
Many road traffic accidents happen because one party acts negligently. We will now look at the circumstances in which a pedestrian could be hit by a lorry or a car or involved in any other type of road accident.
- A pedestrian can be run over crossing the road if a driver fails to obey a traffic light.
- A hit-and-run incident injures a pedestrian. If the driver is uninsured or is not identified, the pedestrian can claim compensation through the Motor Insurer’s Bureau.
- A van with faulty brakes hits a pedestrian, so the driver cannot stop in time when the pedestrian is crossing the road.
- Or a drunk driver loses control of their car and mounts the pavement, hitting a pedestrian.
- On the other hand, a driver may fail to check their mirror when reversing out of a driveway and hit a pedestrian in the process.
Please continue reading this guide to learn more about the pedestrian accident claims process and when you might have a valid claim for pedestrian car accident compensation.
Pedestrian Accident Statistics
Pedestrians are classed as vulnerable road users. Unlike drivers, they don’t have a vehicle or any safety equipment to protect them when using the roads. Therefore other road users should show extra care to prevent accidents involving pedestrians.
The UK government has published data on the reported road casualties in Great Britain. Averaged over the period 2016 to 2021, they found:
- Every week, an average of 8 pedestrians are killed in road traffic collisions
- Moreover, an average of 115 pedestrians were seriously injured a week because of traffic accidents
- Collisions with a single car were involved in 58% of pedestrian fatalities
The main cause of pedestrian fatal or serious accidents was that the pedestrian failed to look properly.
If you were hit by a vehicle while out walking, you might have experienced the following injuries:
- Minor head injuries or traumatic brain injuries (TBI)
- A broken foot, if a wheel runs your foot over
- Spinal and back injuries, which can cause paralysis
- Nerve damage, which can lead to a permanent loss of movement
- Soft tissue injuries, including a sprain
- Whiplash injuries (please note that as a pedestrian, the Whiplash Reform Programme and The Whiplash Injury Regulations 2021 do not apply to you)
- Multiple serious injuries, such as a broken neck with a leg requiring amputation.
- Chest injuries.
To find out how compensation could be awarded for severe injuries or more common injuries suffered in accidents involving pedestrians, contact our advisory team.
Claiming Compensation For A Fatal Pedestrian Accident
Certain relatives might be able to make a compensation claim on behalf of a loved one who died in a road traffic accident. As with pedestrian accident claims, you will need to prove that the fatal injury was caused by a breach in duty of care.
The Law Reform (Miscellaneous Provisions) Act 1934 allows for the estate to claim on behalf of the deceased for their pain and suffering.
The Fatal Accidents Act 1976 (FAA) allows the following relatives to claim for the impact the death has had on them:
- A current or former spouse or civil partner.
- A person who lived with the deceased as a spouse for at least two years before their death.
- The parent, step-parent or another person treated as a parent by the deceased.
- The deceased’s children, step-children or other persons treated as children by the deceased.
- Siblings, an aunt or uncle of the deceased, or cousins.
In addition, certain qualifying relatives can receive a bereavement award of £15,120 under Section 1A of the FAA. If more than one relative claims, this amount will be split between them.
Call our advisors to discuss your next steps if your loved one died in a fatal pedestrian accident.
If you want to make a pedestrian accident claim for injuries you suffered, you can contact Public Interest Lawyers for free legal advice. We work with a panel of expert personal injury solicitors who help people just like you get the pedestrian injury compensation they deserve. And if our team can see you have a valid reason to claim, a skilled lawyer will be appointed to work on your case.
All the solicitors on the panel work on a No Win No Fee basis. No Win No Fee solicitors often use a Conditional Fee Agreement. This means no fees to pay upfront and no fees needed to pay the solicitor should the claim fail. Generally, you only pay a fee to the solicitor if you win your case. A success fee is then taken from the awarded compensation. Under The Conditional Fee Agreements Order 2013, the success fee is capped at a maximum of 25%.
Please get in touch with Public Interest Lawyers today to see if you can make a personal injury claim for a pedestrian accident.
- Call the team on 0800 408 7825
- Contact us using our online claims form
- Or seek support using the chat widget below
Learn More About Pedestrian Accidents And Injury Claims
You are welcome to look at these guides to learn more about making a compensation claim for a road traffic accident.
- Can I Make A Pedestrian Claim After Being Run Over?
- How To Make A Pedestrian Injury Compensation Claim
- How To Make A Claim For A Hit And Run
- Vehicle insurance: If you’re in an accident – a UK government guide
- Teaching children about road safety – a RoSPA guide
- Head injury and concussion – a guide from the National Health Service
Thank you for reading our guide to making pedestrian accident claims.