By Cat Mulligan. Last Updated 26th April 2023. 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 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
- Our Guide To Making A Pedestrian Injury Compensation Claim
- Do Road Users Owe Pedestrians A Duty Of Care?
- Can Pedestrians Be Partially At Fault?
- What Pedestrian Injuries Could You Claim For?
- How Much Compensation For A Pedestrian Accident You Could Receive?
- 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:
- Brain damage – A pedestrian injury could be so serious that you suffer a brain or head injury. This can be extremely dangerous and even lead to death, so it’s important to seek medical attention if you suspect you may have suffered a head injury.
- Lower limb injuries – You could suffer a broken leg or broken ankle due to a pedestrian accident.
- Upper limb injuries – You may sustain a broken arm, broken wrist, or frozen shoulder injury.
How Much Compensation For A Pedestrian Accident You Could Receive
There are two heads of claim that you could potentially pursue in a pedestrian accident claim; these are general damages and special damages. General damages cover both physical and psychological injuries and the way that they affect your life, such as the pain and suffering you endure.
Often, when valuing this head of claim, solicitors will use the Judicial College Guidelines (JCG). This document provides guideline brackets for compensation for various injuries, some examples of which you can find below. Please note that these figures are only guidelines and compensation in pedestrian personal injury claims is calculated on a case-by-case basis.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Ankle Injuries | Very Severe | These 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 Injuries | Severe | This 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 Injuries | Very Severe | This 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 Injuries | Severe | Both 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 Injuries | Serious Hand Injuries | The 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 Injuries | Severe Fractures to Fingers | This causes a lack of grip, deformity, and sensation that’s disturbed. | Up to £34,480 |
| Injuries to the Pelvis and Hips | Severe (i) | The lower back joint is dislocated or extensive pelvic fractures. | £73,580 to £122,860 |
| Injuries to the Pelvis and Hips | Severe (ii) | Pelvis dislocation or fracture involving ischial and public rami and causing impotence. | £58,100 to £73,580 |
Making a personal injury claim doesn’t automatically entitle you to special damages, as this is the head of your claim that covers the financial impacts of your injuries. For example, under this heading, you could potentially claim back the cost of:
- Travel to and from hospital appointments
- Medical bills
- Mobility aids
- Lost earnings
Our team of advisors can offer more information on the claims process and can tell you how much compensation for a pedestrian accident you could potentially receive.
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.