Pedestrian accident claims can be made by individuals who are able to prove, via strong evidence, that the negligent actions of another road user directly caused their injuries. Pedestrians are particularly vulnerable on the roads, as they lack the external protection that drivers and motorcyclists have. As a result, serious injuries can occur from being hit by a car or motorcycle, including brain trauma, complex fractures, and spinal cord damage. If you have been hurt in a pedestrian accident that was not your fault, we are ready to help you secure the road traffic accident compensation you deserve.
Here at Accident Claims, our advisors provide immediate clarity by assessing the eligibility of a pedestrian accident claim and breaking down how everything works so you are better prepared. Our expert road traffic accident solicitors provide their legal services on a No Win No Fee basis, allowing you to start claiming right away with complete financial transparency throughout.
To work with one of our trusted solicitors backed by years of collective experience and a proven track record of success, please get in touch with an advisor using the contact details below:
- Call us for free on 0800 073 8801
- Start a claim online
- Text us at your convenience via our live chat
4.8Jump To A Section
- What Are Pedestrian Accident Claims?
- Can I Make A Claim If I Was Injured As A Pedestrian?
- What If I Was Responsible For The Accident?
- Fatal Pedestrian Accident Compensation Claims
- What Are Some Pedestrian Accident Examples?
- What Injuries Can A Pedestrian Claim Compensation For?
- How Much Compensation Can A Pedestrian Claim After Being Injured?
- What Else Can Pedestrian Accident Compensation Cover?
- The Pedestrian Injury Claim Process
- Claiming For Compensation After A Pedestrian Accident With Our Solicitors
- More Information
What Are Pedestrian Accident Claims?
Pedestrian accident claims are legal actions taken by individuals to seek compensation for the injuries they have suffered because of a road user’s negligent actions. These types of claims cover any form of physical or psychological harm suffered because of another road user, including injuries arising from being struck by a car, motorcycle, bicycle, or e-scooter.
Do you want to learn more about the pedestrian accident claims process and whether you might be able to pursue one? Call us today to secure your free consultation with a dedicated advisor.
Can I Make A Claim If I Was Injured As A Pedestrian?
You can make a claim if you were injured as a pedestrian and are able to prove that another road user’s negligent actions directly caused the harm.
If you are unfamiliar with the legal process, it is understandable to feel unsure about the validity of your potential claim. To break things down, we have outlined the specific eligibility requirements for claiming so you can compare them with your own pedestrian accident:
- A road user owed a duty of care to you: All road users, including pedestrians, owe one another a duty of care in the form of using the roads in a safe manner to avoid any occurrence of harm. This duty also requires compliance with the Road Traffic Act 1988 and the Highway Code. Motorists, in particular, must take extra care with pedestrians and other vulnerable road users.
- The duty of care was breached: In order to have a valid pedestrian accident claim, a road user must have breached their duty in some capacity. For example, a motorcyclist may have failed to stop at a pedestrian crossing because they were going over the speed limit while stunting on public roads.
- This breach caused an injury: To ensure the eligibility of your claim, you must have suffered some form of physical or psychological injury in the pedestrian accident. Using the above scenario, you may have suffered a broken leg and a severely dislocated shoulder when the motorcyclist lost control and ploughed into you.
How To Make Hit-And-Run Pedestrian Accident Claims
To make a hit-and-run pedestrian accident claim, you will typically seek compensation through the Motor Insurers’ Bureau (MIB). This organisation compensates individuals who have been harmed in road accidents involving uninsured or untraceable drivers.
If you would like to learn how we support clients through the MIB claims process, please take a look at our guide on hit-and-run compensation.
Can I Make A Pedestrian Injury Claim For A Loved One?
Yes, you can make a pedestrian injury claim for a loved one by becoming a litigation friend. The position is often filled by a family member, but solicitors and other trusted adults can also take on the role.
A litigation friend is appointed to pursue compensation on behalf of individuals unable to claim independently, either because they are vulnerable adults lacking mental capacity, or are under 18 years of age. In this role, you would be responsible for decision-making, representation, and communication with legal professionals.
Would you like to find out more about becoming a litigation friend for a loved one involved in a pedestrian accident? Call us today so we can assist you.
What If I Was Responsible For The Accident?
If you were partly responsible for the accident, you might still be able to make a claim if another road user shares blame for the injuries you suffered as a pedestrian. This is known as split liability, which occurs when both parties are found to have some degree of liability for the accident. In other words, fault is determined as a percentage rather than a single person being 100% liable.
This means final settlements are adjusted to reflect the percentage of fault apportioned to each party. For example, if a pedestrian is found to be 25% at fault for the accident, they will receive 75% of the total compensation.
Contributory Negligence In Pedestrian Accident Claims
Contributory negligence in pedestrian accident claims applies if your actions are found to have contributed to the severity of your injuries. While motorists bear the most responsibility for taking care around vulnerable road users, pedestrians must still take appropriate precautions.
For instance, say you were struck by a speeding car but had run into the road without looking. In this scenario, even though the driver was speeding, you would share responsibility for the harm suffered. As with split liability, compensation is determined by the percentage of fault.
If you would like to find out more about contributory negligence in road traffic accident claims, please call us.
Fatal Pedestrian Accident Compensation Claims
A fatal pedestrian accident compensation claim can be made when the negligent actions of a road user have resulted in someone else’s death.
In the first 6 months following the death, only the deceased’s estate can pursue a claim. Estates are also able to claim on behalf of qualifying relatives. With that said, if an estate doesn’t pursue legal action on their behalf before the 6-month period passes, eligible relatives can make their own claim for how they are impacted by their loved one’s death.
For more information, please head over to our other guide on fatal accident compensation.
Fatal accident claims can be a complicated area of law, so we actively encourage you to seek guidance from one of our supportive advisors today.
What Are Some Pedestrian Accident Examples?
Examples of pedestrian accidents often involve collisions caused by motorists, cyclists, and motorcyclists who use mobile phones, drive under the influence, or ignore traffic signals at crossings. Specific scenarios that may give rise to a pedestrian accident claim include:
- A pedestrian is struck by a drink driver who fails to stop at a red traffic light, suffering extensive fractures and brain trauma.
- A motorcyclist is using their mobile phone to record their journey and loses control of their bike. They hit someone walking along a footpath, leaving a pedestrian with broken arms and legs.
- A driver pulling out at a junction fails to check their surroundings and hits an individual at a pedestrian crossing, causing extensive spinal damage.
- A motorist is speeding through a residential area and fails to stop in time for a pedestrian using a zebra crossing, resulting in extensive soft tissue damage.
If you have been involved in an incident similar to one of the pedestrian accidents above, please speak with an advisor today so we can talk you through the next steps.
What Injuries Can A Pedestrian Claim Compensation For?
Fractures, head trauma, and facial disfigurement are common injuries that a pedestrian can claim compensation for, but payouts can cover any physical or psychological harm arising from a road traffic accident. Specific injuries pedestrians may suffer include:
- Broken bones: Ranging from hairline fractures to complete breaks, often affecting the legs and the hips or pelvis.
- Soft tissue damage: Including torn cartilage, ligaments, tendons, and muscles
- Lacerations and avulsions: These types of injury are often referred to as ‘road rash’
- Internal injuries: Involving organ damage and severe bleeding
- Spinal injuries: Often leading to partial or complete paralysis
- Brain trauma: Ranging from a mild concussion to severe traumatic brain injuries (TBIs) that leave pedestrians with long-term neurological damage
- Psychological harm: Including anxiety, depression and post-traumatic stress disorder (PTSD)
If you have suffered one or several of the above injury types in a pedestrian accident, please get in touch so we can assess if you have a valid claim.
How Much Compensation Can A Pedestrian Claim After Being Injured?
The amount of compensation a pedestrian can claim after being injured is dependent on the type of injury that has been suffered in the road accident, the severity of the harm, and whether you have incurred financial losses.
When a solicitor values your injuries, they will likely refer to the Judicial College Guidelines (JCG). This document assists legal professionals by providing a comprehensive list of injuries and severities, along with suggested compensation brackets. In turn, this helps our solicitors when they use it to calculate general damages for clients.
General damages are a head of claim that covers claimants for the pain and suffering they experienced as a result of their injury, including the psychological trauma resulting from a pedestrian accident.
Below, you will find several JCG figures. Before you proceed, please note that the first figure has not been sourced from the document, and we kindly ask that you interpret our table as guidance only.
| INJURY | COMPENSATION BRACKET | NOTES |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages | Up to 1 Million+ | Multiple severe injuries plus special damages covering lost wages, private medical bills and travel expenses. |
| Brain & Head - Very Severe | £344,150 to £493,000 | This level of award covers injured individuals who require full-time nursing care and have little to no meaningful response to their surrounding environment. |
| Paralysis - Paraplegia | £267,340 to £346,890 | This particularly bracket contains influential factors ranging from how independent the injured person is to age and life expectancy. |
| Leg - Above-Knee Amputation of One Leg | £127,930 to £167,760 | The amount of compensation the claimant will receive is dependent on things such as the presence and severity of phantom pains as well as any complications with the stump. |
| Psychiatric Damage Generally - Severe (a) | £66,920 to £141,240 | Influential factors will be taken into account such as the injured individual's ability to cope with life covering work, education and social life. |
| Bowels - d) | £54,420 to £85,100 | The claimant will have suffered a severe abdominal injury causing impairment of function and often necessitating temporary colostomy. |
| Wrist - a) | £58,710 to £73,050 | In this compensation bracket the injured person will have suffered complete loss of function in the wrist, e.g. where an arthrodesis has been performed. |
| Arm - Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | Here, there will be serious fractures of one or both forearms where there is significant permanent residual disability which will be either functional or cosmetic. |
| Shoulder - Serious | £15,580 to £23,430 | This compensation bracket covers injuries such as a dislocated shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck. |
Are you wondering how compensation is calculated for pedestrian accident claims? Connect with an advisor today to secure your free consultation to discuss your situation.
4.8What Else Can Pedestrian Accident Compensation Cover?
Pedestrian accident compensation can also cover financial losses you have incurred as a direct result of your injury, such as medical expenses and rehabilitation costs. These expenses can be recovered under a head of claim called special damages.
To give you a clearer picture, common examples include:
- Loss of wages and future earnings, if the pedestrian accident left you with a long-term disability that prevents you from returning to work
- Rehabilitation support, such as physiotherapy, counselling, and occupational therapy, to help you recover from the impact of being struck in a collision
- Home or vehicle adaptations, which may be necessary due to the high-impact injuries that pedestrians often suffer
- Gratuitous and professional care costs, covering support from family and paid carers
- Damage to personal belongings, ranging from clothing and glasses to mobility aids and electrical devices
To claim special damages, you must prove that you suffered financial impact in the first place. In order to do this, your solicitor will ask you to provide evidence such as payslips, invoices and receipts.
If you would like to speak to an advisor about your eligibility for special damages, please phone us today.
The Pedestrian Injury Claim Process
The pedestrian injury claim process is relatively straightforward, involving gathering as much evidence as possible and adhering to the legal time limit. For claims involving pedestrian injuries, this often involves obtaining copies of medical records and CCTV footage. You will also need to get the other road user’s contact information, as well as details of their insurance and vehicle registration.
For more information on collecting proof for pedestrian accident claims, please head over to our other guide on what evidence is needed for a personal injury claim.
When it comes to time limits, you must start your pedestrian accident claim within 3 years from the date of the incident, as outlined in the Limitation Act 1980. This is known as the limitation period. There are specific exemptions that you can learn about in our guide on how long the limitation period is.
Did you know our advisors can tell you if your pedestrian accident claim falls within the limitation period? Connect with us today to find out.
Claiming For Compensation After A Pedestrian Accident With Our Solicitors
Claiming compensation after a pedestrian accident with our solicitors at Accident Claims will give you immediate access to expert support services on a No Win No Fee basis.
We discuss both of these in great detail below, addressing first the support services our solicitors offer to claimants.
Why Choose Accident Claims For Pedestrian Injury Compensation?
Choosing Accident Claims for pedestrian injury compensation will give you access to a wide range of important support services which have been meticulously tailored to client needs and requirements.
Below, we have provided examples of the services we offer to eligible clients to help you understand how you might benefit from them in the future. Accident Claims will:
- Explain how the legal process works and how it influences pedestrian accident claims
- Recommend rehabilitation services familiar with the life-altering consequences of high-impact injuries that pedestrians often suffer, ranging from physiotherapy to counselling
- Meticulously assess your pedestrian accident compensation, ensuring it reflects all damages and losses
- Communicate through your preferred method, including by phone and email
- Translate the legal jargon into accessible language so you can have a complete understanding and make informed decisions about your claim
Can Pedestrian Accident Claims Be Made On A No Win No Fee Basis?
Yes, pedestrian accident claims can be made on a No Win No Fee basis via a Conditional Fee Agreement (CFA) offered by our expert solicitors. The important things to know about a CFA are:
- You pay no solicitor service fees if the pedestrian injury claim fails
- You pay no solicitor service fees while the claim is ongoing
- You pay no solicitor service fees upfront
If your pedestrian accident claim wins, you will pay a small success fee to your solicitor directly from your personal injury compensation. This is capped at a legally limited percentage under the Conditional Fee Agreements Order 2013, meaning you’ll take home the largest share.
Here at Accident Claims, we know what is at stake when a claimant decides to take legal action. As a result, we draw on all our available resources and knowledge for every claim we take on, ensuring we set each client up for success.
Contact Accident Claims To Begin
If you are looking for legal representation that provides tailored support from start to finish, Accident Claims might be the right fit for you. Please reach out to an advisor using the contact details below to see if we can help you make a pedestrian accident claim:
- Call us for free on 0800 073 8801
- Start a claim online
- Send us a text using our live chat feature
More Information
If you’re looking for more information to broaden your knowledge and research, read some of our other guides written by us:
- Read our guide on making a claim if you were injured in an electric scooter accident.
- Take a look at our guide on making a claim if you were struck by an uninsured driver.
- Have a read of our guide on bicycle accident claims.
Please take a look at these external resources:
- Request CCTV footage of yourself from GOV.UK.
- Learn about pedestrian safety from the Health and Safety Executive (HSE).
- Check out the eligibility criteria for Statutory Sick Pay (SSP) from GOV.UK.
If you have any questions about the pedestrian accident claims process, please contact our supportive team today.