How To Claim For A Pedestrian Crossing Accident

In this guide, we’ll be discussing when you could make a road traffic accident claim following a pedestrian crossing accident in which you sustained injuries. We’ll also be explaining the steps you can take as part of the road traffic accident claims process to build a strong case.

pedestrian crossing accident

Pedestrian crossing accident claims guide

All road users have a duty of care to prevent one another from experiencing harm while using the road. If this duty of care is breached, it could lead to you sustaining harm. Some injuries could be more serious, including paralysis or traumatic amputations, whilst some could be more minor, such as a broken arm that heals fairly quickly. We will discuss the different factors that could influence your potential compensation award throughout our guide.

Lastly, we will discuss the ways in which a solicitor could help you claim and when they could offer their services on a No Win No Fee basis.

For more information, you can get in touch with an advisor by:

  • Filling our contact form
  • Calling us on 0800 408 7825
  • Talking with one of our advisors by using the live chat feature below.

Select A Section

  1. How To Make A Claim After A Pedestrian Crossing Accident
  2. Causes Of A Pedestrian Crossing Accident
  3. How Do I Prove Liability In A Pedestrian Accident Claim?
  4. Estimated Payouts For Pedestrian Crossing Accident Claims
  5. How Could A No Win No Fee Solicitor Help You?
  6. Further Information On Pedestrian Accident Claims

How To Make A Claim After A Pedestrian Crossing Accident

A person could be eligible to start a road traffic accident claim for injuries sustained in a pedestrian crossing accident if the following three points can be met:

  • You were owed a duty of care by another road user.
  • This duty of care was breached.
  • You experienced harm of a physical or psychological nature as a result.

These three points form the basis of negligence, which if proven, can mean you’re eligible to seek compensation.

Road users owe a duty of care under the Road Traffic Act 1988. They must ensure when navigating the roads, that they are doing so in a way that reduces the risk of themselves or others becoming injured. In addition, the Highway Code details guidance for road users.

Pedestrians are considered a vulnerable road user as they have no outer shell to protect them. Also, changes to the Highway Code mean that those who have the greatest chance of causing harm to others on the road, have the greatest responsibility. This can include drivers of cars, lorries and vans.

A failure to uphold the duty of care they owe could see another road user, such as a pedestrian, becoming injured.

Pedestrian Crossing Accident Claim Time Limits

When making a road traffic accident claim, it’s important to be mindful of the time limits in place. As per The Limitation Act 1980, note that you’ll have three years to begin your claim from the date of the injury.

However, there are exceptions that could apply to certain circumstances. To learn more about these, please get in touch with an advisor. They can also discuss when you could be eligible to seek compensation.

Causes Of A Pedestrian Crossing Accident

Below, we have provided examples of pedestrian crossing accidents and the subsequent injuries that could be sustained:

  • A pedestrian may be crossing the road at a designated crossing but a driver fails to stop. As a result, they are knocked over by a car and sustain serious injuries such as a broken leg and damaged spinal cord
  • A motorcycle rider may have failed to adhere to the speed limit. As a result, they knock over a pedestrian crossing the road when it was safe for them to do so. This causes the pedestrian to sustain a serious head injury and traumatic amputation.

Please note, it won’t always be possible to claim for injuries sustained in a road traffic accident. You need to provide evidence that negligence occurred. Read on to learn how you could collect sufficient evidence to support your case.

How Do I Prove Liability In A Pedestrian Accident Claim?

Below, we have provided examples of the evidence you could collect to prove liability in a claim for injuries sustained in a pedestrian crossing accident.

  • Pictures of the accident scene
  • Pictures of your injuries
  • Video footage
  • Medical records
  • Contact details of any potential witnesses
  • A diary of your symptoms, both physical and mental

A road traffic accident solicitor could help you with various aspects of the claims process, including helping you to build and present your case in full. To learn more, please get in touch on the number above.

Estimated Payouts For Pedestrian Crossing Accident Claims

If you’re successful in making a personal injury claim, then you could be eligible to receive two separate heads of claim; the first is general damages. This aims to address the psychological suffering or physical pain you have experienced due to your injuries. 

Solicitors can use the Judicial College Guidelines to help them value this head of claim. This is a document that contains guideline compensation brackets which correspond to different injuries. The table contains some of these figures but you should only use them as a guide.

Injury Severity Compensation Guidelines Notes
Paralysis Injuries Tetraplegia (a) £324,600 to £403,990 Factors such as the person’s age and the impact on their mental health is considered when valuing awards for this type of injury.
Injury Resulting from Brain Damage Very Severe (a) £282,010 to £403,990 Injuries that leave some basic ability to follow commands, but little if any evidence of a meaningful response to the environment. The person will also need full-time care.
Foot Injuries Amputation Of Both Feet (a) £169,400 to £201,490 A common feature of this type of injury is the loss of the useful ankle joint.
Back Injuries Severe (a) (i) £91,090 to £160,980 Damage to the spinal cord and nerve roots. This can lead to severe pain and disability with a combination of bladder, bowel and sexual function impairment and incomplete paralysis.
Back Injuries Moderate (b) (i) £27,760 to £38,780 A prolapsed disc injury that requires surgery.
Injuries to the Pelvis and Hips Severe (a) (i) £78,400 to £130,930 Injuries involving extensive pelvis fractures, such as a hip injury that results in spondylolisthesis of the low back joint. There is intolerable pain and a spinal fusion is needed.
Knee Injuries Severe (a) (ii) £52,120 to £69,730 A leg fracture extending into the knee joint which causes pain that is constant and permanent.
Injuries to the elbow Less Severe (b) £15,650 to £32,010 Injuries causing an impairment of function but there is no major surgery or disabilities of a significant nature.
Ankle Injuries Moderate (c) £13,740 to £26,590 Fractures and tears to the ligaments that cause less serious disabilities.
Achillies Tendon Moderate (c) £12,590 to £21,070 Partial rupture or significant tendon injury.

Further Forms Of Compensation 

Special damages is another head of claim that aims to reimburse you for any financial losses that you have experienced as a result of your injuries. For example, you could claim back the cost of lost wages by providing payslips to prove the loss. 

For more information on the road accident compensation you could be awarded following a successful claim, please get in touch using the number above.

How Could A No Win No Fee Solicitor Help You?

Providing you have a valid claim, you can choose to work with a No Win No Fee solicitor from our panel. They can offer you a specific type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). This can usually mean you’re able to avoid paying for the services they provide if your claim has an outcome that is unsuccessful. 

If your claim wins, you will pay a success fee from your compensation. However, this fee is capped by the Conditional Fee Agreements Order 2013, ensuring you keep the majority of your settlement.

Find out whether you could be eligible to have a solicitor from our panel represent your pedestrian crossing accident claim by calling our team.

Get In Contact With Us About Pedestrian Crossing Accident Claims

For more information on whether you’re eligible to begin a road traffic accident claim and the process involved in doing so, please get in touch with an advisor. They can answer any questions you might have regarding your specific case. 

You can get in touch by:

  • Filling our contact form
  • Calling us on 0800 408 7825
  • Talking with one of our advisors by using the live chat feature below.

Further Information On Pedestrian Accident Claims

If you’d like to learn more about making a pedestrian accident claim, you can read more of our guides below:

To learn more you can follow the below guides.

Thank you for reading this guide on the process of making a claim for injuries sustained in a pedestrian crossing accident. If you are still unsure whether you could seek compensation, please get in touch on the number above.

Article by OO

Publisher EI