By Danielle Griffin. Last Updated On 20th February 2024. In this guide, we look at who could make a personal injury claim after being hit by a car as a pedestrian. Pedestrians are vulnerable road users, and since the changes in the Highway Code in January 2022 road users most at risk in the event of a collision are placed at the top of the hierarchy. This means that pedestrians are afforded the most care as if involved in a road traffic accident are more likely to be seriously injured.
We look at what types of road traffic accidents could cause pedestrian injury. Moreover, we look at what evidence can prove if the driver is at fault to support your pedestrian accident claim.
Additionally, we look at how compensation is calculated in pedestrian accident claims and lastly how you can benefit from working with our road traffic accident solicitors who all work on a No Win No Fee basis.
Please continue reading this guide to learn more about pedestrian accident and injury claims. If you decide you want to submit a claim, our advisors can have a chat with you. They can examine your claim and then potentially put you in contact with a No Win No Fee solicitor. Please see our contact details below, our advisors are available 24/7:
- Call our free helpline 0800 073 8801.
- Chat online with a claims advisor.
- Put in your details on our Contact Us page.
Select A Section
- When Could I Claim If I Was Hit By A Car As A Pedestrian?
- Causes Of Pedestrians Being Hit By A Car
- How To Prove You Were Hit By A Car As A Pedestrian
- What Could You Claim If You Were Hit By A Car As A Pedestrian?
- No Win No Fee Pedestrian Car Accident Claims
- Learn More About Pedestrian Accident And Injury Claims
When Could I Claim If I Was Hit By A Car As A Pedestrian?
If you have been hit by a car as a pedestrian whether you can pursue a personal injury claim, will depend on if the car driver was at fault for the accident. Below you will find the eligibility criteria for making a personal injury claim:
- You were owed a duty of care by the road user in question.
- This duty of care was breached
- The breach resulted in you getting injured.
All road users owe each other a duty of care to use the roads in a way that prevents injury and harm to themselves and others. The Road Traffic Act 1988 and The Highway Code set out rules for correctly and safely using the road for each type of road user. So, if the accident you were involved in was caused by the driver failing to follow these rules, you could be eligible to make a claim for the injuries sustained. If you were totally at fault for the accident as the pedestrian, you would not be able to make a claim.
What Should You Do After A Pedestrian Car Accident?
If you have been hit by a car as a pedestrian, you should:
- Seek medical attention as soon as possible if the emergency services are not called
- Report the road traffic accident if the driver fails to give their details
- Record details of the vehicle and driver that injured you
- If you are well enough to do so, you could take images of the scene
If the driver is uninsured or untraced, our advisors can tell you more about how the Motor Insurers’ Bureau (MIB) could help. Don’t hesitate to get in touch with us today.
Causes Of Pedestrians Being Hit By A Car
Here are some ways a driver could breach their duty of care and cause injury to a pedestrian:
- Failing to stop at a zebra crossing, junction, or other spaces when they should give way to a pedestrian.
- Exceeding the speed limit, going too fast, and failing to break in time.
- Not stopping at a red light.
- Operating a vehicle recklessly, such as being under the influence of alcohol or drugs.
- Not paying due care or attention, such as using their mobile phone whilst driving.
These are just a few ways a driver could cause an avoidable accident and thus harm to others. To discuss the causation of your road traffic accident specifically, and determine if the duty of care was breached call our advisors now.
How To Prove You Were Hit By A Car As A Pedestrian
To support your pedestrian accident claim as fully as possible, you should gather evidence. If you are claiming that the driver was at fault for the accident, then you will need proof of this. Evidence can also show the extent to which your injury has affected you, whether that be physically or mentally.
Hence, here are some types of evidence that are useful to gather:
- Dash-cam footage.
- CCTV footage.
- Photographs of the scene, the car that hit you, and your injury.
- Contact details from possible witnesses.
- Copies of the medical care you have received, such as a copy of an X-ray.
- Keeping a diary of your symptoms, treatment, and feelings. This can specifically support the payout for your general damages, which we discuss in more detail in the following section of this guide.
As part of the work our solicitors do for their claimants, they help gather evidence for their case. So, if you want help gathering evidence if you have been hit by a car as a pedestrian, contact us today.
What Could You Claim If You Were Hit By A Car As A Pedestrian?
If you make a successful claim for a pedestrian accident, your settlement could be awarded in two parts. These are known as general and special damages.
General damages are the part of your settlement that compensates for the physical pain and suffering plus any harm to your mental health that occurred as a result of the pedestrian accident.
Those responsible for assigning value to personal injury claims may refer to the guideline figures from the Judicial College (JCG). The JCG provides a list of different injuries, along with guideline compensation brackets used to value compensation claims.
Our table below lists a few figures from the 16th edition of the JCG. Additionally, the figure in the top row looks at how much compensation you could receive if you sustained multiple severe injuries and are claiming special damages as well. This figure is not from the JCG. As all personal injury claims are different, this table is for illustrative purposes only.
Injury Severity Compensation bracket Comments
More than one injury of a severe nature plus special damages Very serious Up to £1,000,000+ Successful claims could include compensation for multiple injuries that are very severe in nature plus incurred costs, such as nursing care and lost wages.
Brain damage Very severe £282,010 to £403,990 The injured party requires full-time nursing care as a result of severe physical and cognitive disabilities.
Back Severe (a) (i) £91,090 to £160,980 Injurie causing severely impaired bowel, bladder, and sexual function along with incomplete paralysis. Pain will also be severe.
Severe (a) (ii) £74,160 to £88,430 Injuries such as nerve root damage leading to impaired sensation and mobility.
Moderate (b) (i) £27,760 to £38,780 Injuries including a prolapsed intervertebral disc that needs surgery.
Leg Severe (b) (i) £96,250 to £135,920 The most serious injuries excluding amputation, including extensive degloving.
Severe (b) (ii) £54,830 to £87,890 Very serious injuries including multiple fractures that have led to limited movement and severe deformity.
Pelvis and hips Severe (a) (i) £78,400 to £130,930 Extensive fractures that cause severe pain, leading to injuries such as a ruptured bladder.
Severe (a) (ii) £61,910 to £78,400 Injuries including the formation of the ectopic bone around the hip due to traumatic myositis ossificans.
Severe (a) (iii) £39,170 to £52,500 Where a fracture that required hip replacement surgery has not been successful so there is a chance of revision surgery.
If you’ve been hit by a car as a pedestrian, you might also be eligible to claim special damages. This second part of personal injury compensation is to reimburse you for the financial impact your injuries sustained in the accident had on you.
Examples of special damages that could be recovered in a pedestrian accident compensation claim include:
- Loss of earnings.
- Nursing care.
- Home adaptations.
- Mobility aids.
- Home help.
- Prescription costs.
- Other medical expenses.
However, you will need to submit the necessary evidence to recover your financial losses. For example, you can submit invoices for your nursing care or copies of your wage slips to recover lost earnings.
If you would like free advice about claiming compensation, speak to a member of our advisory team.
No Win No Fee Pedestrian Car Accident Claims
Our solicitors work on a No Win No Fee basis, typically through a Conditional Fee Agreement (CFA).
This means you do not have to pay any solicitor fees upfront, during the claim or if the case is lost.
If you win your case, your solicitor will take an already decided and capped percentage of your compensation. This is their success fee. Since the success fee is always restricted by law, you will receive the majority of your compensation.
If you have been in a pedestrian accident, we can help get you on the right track. Our No Win No Fee solicitors will use their expertise to proceed with your claim to the very best standard.
Here is how you can get in touch with us:
- Call our free helpline 0800 073 8801.
- Chat online with a claims advisor.
- Put in your details on our Contact Us page.
Learn More About Pedestrian Accident And Injury Claims
If you have been hit by a car as a pedestrian and want to read more information about what you should do next, try browsing our other guides:
- Read a compensation payout case study for a pedestrian hit by a car.
- Read more about car injury claim payouts.
- Learn more about making a pedestrian accident claim against a driver.
Moreover, check out these other pages:
- Gov.UK – Read how many reported pedestrian casualties there were from road traffic accidents in 2021.
- NHS – when to call 999.