Pedestrian Accident Claims | Get Compensation If Hit By A Car

By Danielle Newton. Last Updated 25th September 2023.

Key Points On Pedestrian Accident Claims

  • If the road accident was caused by a negligent driver, you could be entitled to personal injury compensation
  • It’s possible to make a pedestrian accident claim on behalf of your child
  • Even if you’re injured in a hit and run accident and can’t trace the driver, you can still claim compensation
  • Our panel of pedestrian injury solicitors could help you on a No Win No Fee basis

Below, you can also find examples of compensation amounts for different types of injuries that could be caused by a pedestrian accident. You can also find key details on No Win No Fee agreements too.

If you’d like to enquire about making a claim, you can get in touch with us for free today by:

  • Calling us on 0800 408 7825 
  • Speak with us now via our live chat box
  • Or you can contact us about your claim via our website

Pedestrian accident claims

How to make a pedestrian accident claim

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We Can Help You Claim Compensation For A Pedestrian Accident

If you’ve suffered an injury in a pedestrian accident, we can help.

Here at Public Interest Lawyers, we work with a panel of road traffic accident claims experts. Between them, they have decades of experience and understand how to navigate the arguments usually presented by defendants.

This means that you can focus your efforts on recovery from your injury, allowing your lawyer to do all the hard work for you.

What’s more, the solicitors we work with offer their services on a No Win No Fee basis. We explain this in greater detail below, but in short, it means that if you make a claim and it doesn’t lead to a settlement, you won’t have to pay any of their fees.

Get in touch with us to learn more about how our panel of pedestrian accident solicitors can help you today.

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 motorscooters
  • Heavy goods vehicle (HGV)

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.

If you have been injured, call our advisors today. They will take you through the pedestrian accident claims process and provide free legal advice on the best route for you to take.

Can I Claim Compensation For A Pedestrian Accident?

There are criteria that you need to meet in order for you to successfully recover compensation in a pedestrian accident claim.

These criteria include:

  • The defendant (the party who caused the accident) owed you a duty of care – this isn’t as difficult to prove as it sounds. All drivers owe other road users, including pedestrians, a duty of care as set out in The Highway Code
  • The defendant breached that duty – this can be trickier to prove. In some cases, the breach may be clear and obvious, like a driver mounting the kerb and hitting a pedestrian. Other times it may not be as clear cut, such as driver who’s over the legal drink driving limit but only marginally.
  • As a result of the breach, you suffered an injury – not all injuries have to be caused by the pedestrian accident. You can also claim for the worsening of an existing injury or the accelerated development of an injury you may not have known you had.

It’s also necessary to begin proceedings in your pedestrian injury claim within the legal time limit, which we explain next.

What Is The Time Limit In Pedestrian Accident Claims?

In addition to proving negligence occurred, you must start your claim within the time limit. Generally, you have three years to start your personal injury claim from the date of the accident.

However, there are certain exceptions to the time limit when claiming for pedestrian accident compensation. These include:

  • In cases where the injured person lacks the mental capacity to start a claim for themself, the time limit is indefinitely suspended. During this time, a court-appointed litigation friend could start a claim on their behalf. However, if the injured party regains this mental capacity, they will have three years from the recovery date to start a claim if one has not already been made.
  • In cases where the person injured is under the age of 18, the time limit is paused until their 18th birthday. Prior to this, a litigation friend could start the claim on their behalf. However, if they turn 18 and a claim has not been made for them, the injured party will have three years to start a claim.

Call our advisors to find out more about pedestrian accident claims. The advice they give is free, and they could help you get your claim started.

Can I Make A Pedestrian Accident Claim On Behalf Of My Child?

Yes, it is possible to make a pedestrian accident claim on behalf of your child if you’re a parent or legal guardian.

By law, those under the age of 18 are not allowed to legally represent themselves. However, as mentioned above, a litigation friend can take legal action on behalf of the child.

Any compensation that is awarded will be held by the Court Funds Office until your child turns 18. In certain circumstances, an application can be made to access this money before they turn 18.

pedestrian accident claim

Common Causes Of Pedestrian Accidents

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 zebra 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.

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.

Hit And Run Accidents And Compensation Claims

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 the driver must stop and exchange details with anyone who has the right to them.

A hit and run accident is one in which the offending driver flees the accident scene. This is illegal. If traced, they could face criminal prosecution.

However, even if the driver cannot be found, a claim is still possible. With the help of a pedestrian injury solicitor from our panel, you could submit your claim to the Motor Insurers’ Bureau (MIB) instead. If successful, you will be compensated in full.

Who Could Be 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 To Do After A Pedestrian Accident

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.

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.

How Much Compensation Will I Receive For My Pedestrian Accident Claim?

If your pedestrian compensation claim is successful, your settlement may include general and special damages. General damages compensate you for the pain and suffering you have endured due to your injury. For example, if you were a pedestrian that was hit by a car, you may have suffered from a broken leg that caused considerable pain.

Below, we have created a table to help you understand how much you could potentially receive for general damages in a successful pedestrian compensation claim. The compensation amounts that we have used have been taken from the 16th edition of the Judicial College Guidelines (JCG). Legal professionals will use this document to help them value claims, as it lists compensation brackets for different injuries at various severity levels. However, you should only use this table as a guide.

Injury Severity Notes Amount
Ankle Injury Severe The person could require an extensive period of treatment. They may need plates and pins in the affected ankle. £31,310 to £50,060
Hand Injuries Severe Fractures to Fingers The injury could require a partial amputation of the finger, which could cause deformity and reduce the use of grip and function on that hand. Up to £36,740
Skeletal Injuries A Le Fort Fracture Fracture affecting the frontal facial bones. £23,810 to £36,740
Skeletal Injuries Multiple Facial Bone Fractures The person could be left with some degree of permanent deformity. £14,900 to £23,950
Skeletal Injury Fractures of Cheekbones (i) A serious fracture of the cheekbone which requires surgery and which leaves lasting consequences. £10,200 to £15,780
Skeletal Injury Fractures of Jaws (iii) A simple fracture which can be fully recovered from. £6,460 to £8,730
Facial Disfigurement Significant Scarring Where plastic surgery can reduce the worst of the effects but leave some cosmetic disability. £9,110 to £30,090
Achilles Tendon Serious There was a complete division of the tendon which was repaired successfully. However, the ankle still has limited movement and is weak. £24,990 to £30,090
Knee Injury Moderate (i) A dislocated knee or cartilage tear which leads to wasting or minor instability. £14,840 to £26,190
Foot Injury Moderate The injury could present as a displaced metatarsal fracture. The person could be left with a deformity and symptoms which are still continuing. £13,740 to £24,990

Special Damages In Pedestrian Accident Claims

Special damages compensate you for any financial losses you may have accrued due to your injury. Some of the costs you could be compensated for include:

Providing evidence of these financial losses could help support your claim, such as invoices or bank statements.

To learn more about the personal injury compensation guidelines in the UK, or about pedestrian accident claims, contact our advisors today.

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.

More Resources On Claiming Pedestrian Injury Compensation

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

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