This guide will examine who is eligible to make a road traffic accident pedestrian claim against a driver. When making any personal injury claim, you must meet specific criteria in order to have a valid claim, therefore this guide will discuss the requirements that need to be satisfied, along with the time limits that must be adhered to.
Road traffic accidents involving pedestrians can occur in several ways, but not all entitle you to personal injury compensation. This guide provides examples of accidents and injuries you could subsequently sustain and therefore be eligible for personal injury compensation.
As stated above, you can only make a road traffic accident pedestrian claim against a driver if you satisfy the eligibility criteria. We provide examples of evidence you could supply to support your case and explain how it helps.
A Guide To Making A Road Traffic Accident Pedestrian Claim Against A Driver
Also, you may want to know what personal injury compensation you’re entitled to. This guide examines how your case could be given value and what your settlement could comprise if successful.
Lastly, our solicitors have helped many people pursue personal injury compensation due to a road traffic accident. We will explore the specific No Win No Fee agreement they work under and the benefits this provides.
If you want to find out your eligibility to work with one of our solicitors, contact our advisors today. You can get in touch with an advisor by:
- Calling us on 0800 073 8801
- Completing our Contact Us form to begin an online enquiry
- Speaking to us on live chat, found on our website
Select A Section
- How To Make A Road Traffic Accident Pedestrian Claim Against A Driver
- Causes Of Pedestrian Road Traffic Accidents
- Proving Liability For Pedestrian Injuries
- What Could A Pedestrian Claim If Hit By A Driver?
- Could You Claim Against A Driver On A No Win No Fee Basis?
- Learn More About Making A Road Traffic Accident Pedestrian Claim Against A Driver
How To Make A Road Traffic Accident Pedestrian Claim Against A Driver
All those using the roads owe one another a duty of care. All road users must ensure they navigate the roads in such a way that prevents injury and damage to themselves and others.
Adhering to the Road Traffic Act 1988 and the Highway Code will ensure they abide by this duty. You could make a personal injury claim if they breach this duty and cause you harm.
When making a personal injury claim against a driver, you must satisfy the eligibility criteria. To make a personal injury claim, you must show:
- You were owed a duty of care
- This duty owed to you was breached
- You sustained an injury because of the breach
The above points form the basis of negligence in tort law. Showing that these were present in your case will enable you to pursue personal injury compensation.
Contact our team of advisors now for a free consultation. If they deem your case eligible, they may offer to pass you over to one of our solicitors.
Time Limits For A Road Traffic Accident Pedestrian Claim Against A Driver
Generally, you have three years from the accident date to begin your personal injury claim. This is found in the Limitation Act 1980, which also provides exceptions to the normal rule.
In cases where an under-18 or someone lacking mental capacity is injured, the courts may select a litigation friend to act on their behalf. Here, a pause would be placed on the time limit.
Our team of advisors have plenty more information on these exceptions. So, if you want to make a road traffic accident pedestrian claim against a driver, contact our advisors now to learn more.
Causes Of Pedestrian Road Traffic Accidents
Road traffic accidents involving pedestrians can occur for several reasons, but only certain circumstances enable you to pursue personal injury compensation. Below, are examples of how a road user could cause such an accident due to breaching their duty and injuries you might suffer:
- Despite you having the right of way, a driver might not stop at a zebra crossing and knock you over. As a result, you could suffer brain damage.
- A drunk driver could swerve onto the pavement, hit you and crash into a wall. Due to the impact of being trapped against a wall, you could sustain a back injury, including fractured vertebrae.
- Somebody speeding could lose control of their vehicle and crash into you. You could suffer a rib injury because of the force you hit the concrete floor.
Please note that these examples don’t provide an exhaustive list, and many other situations could entitle you to personal injury compensation. However, if you are at fault for the accident such as crossing the road without looking, you may not have a valid personal injury claim. So, to find out if you’re eligible to make a road traffic accident pedestrian claim against a driver, contact our advisors today.
Proving Liability For Pedestrian Injuries
Proceeding with a road traffic accident claim depends on your ability to satisfy the personal injury claim eligibility criteria. You must be able to show that you suffered harm due to a breach of duty.
Evidence can help prove this and show how the third-party negligence has affected you. Many forms of evidence could support your case, some of which include:
- Contact details of witnesses
- Diagrams of what happened
- Medical records
- Photographs of the incident site
- CCTV footage
You should contact our advisors now if you’re unsure what evidence could best support your personal injury claim. They will conduct a free case assessment, and if eligible, one of our solicitors could help. They could gather relevant evidence and produce a portfolio for your road traffic accident pedestrian claim against a driver as part of their service.
What Could A Pedestrian Claim If Hit By A Driver?
A settlement consisting of up to two heads of claim will be awarded to you if you make a successful personal injury claim. General damages are awarded in all settlements and comprise the first head of claim.
This type of compensation addresses the mental suffering and physical pain you’ve endured because of the breach of duty. A substantial amount could be awarded to you, depending on the harm you’ve suffered.
Furthermore, a legal professional could obtain your medical report. This could be used, along with a document called the Judicial College Guidelines (JCG), to help provide a more definitive valuation of your injuries.
We have collated the table below, with reference to guidance figures from the JCG. This table outlines valuation brackets for various injuries but should only be used as a guide because compensation levels vary in each case.
Compensation Table
| Injury | Severity | Compensation | Amount |
|---|---|---|---|
| Brain | Very Severe | £282,010 to £403,990 | Very little meaningful response to environment and requirement for full-time nursing care. |
| Moderate (ii) | £90,720 to £150,110 | Moderate to modest intellectual deficit leading to a greatly reduced ability to work. | |
| Arm | Severe | £96,160 to £130,930 | Leaving someone little better off than had they had their arm amputated. |
| Less Severe | £19,200 to £39,170 | The person will have suffered disabilities of a significant nature. However a substantial degree of recovery is expected. | |
| Chest | Traumatic Injury | £65,740 to £100,670 | Causing permanent damage and impaired function. |
| Relatively Simple Injury | £12,590 to £17,960 | Causing some permanent damage but without significant effects long-term. | |
| Back | Severe (ii) | £74,160 to £88,430 | Nerve root damage, resulting in impaired mobility. |
| Moderate (i) | £27,760 to £38,780 | Compression fractures of the lumbar vertebrae, giving constant pain and discomfort. | |
| Leg | Severe (iii) | £39,200 to £54,830 | Serious compound fractures leading to instability and arthritis. |
| Less Serious (i) | £17,960 to £27,760 | Fractures from which a reasonable but incomplete recovery will be made. |
How Special Damages Could Also Compensate You
A successful pedestrian claim against a driver could also include special damages. This compensates for the financial impact the injury has had.
In addition to suffering harm, you could have incurred financial losses due to your injury. So, among other things, special damages could compensate you for:
- The loss of earnings you’ve experienced from not being able to work
- Expenses you’ve built up from making adaptations to your home to give you more independence following your injuries
- Medical bills you’ve had to pay during your recovery
Contact our advisors now for a free valuation of your potential claim. They could provide more information about personal injury compensation and an estimate of your potential entitlement.
Could You Claim Against A Driver On A No Win No Fee Basis?
Our solicitors have plenty of experience with road traffic accident claims, guiding people along the legal process. If your case is deemed eligible, and you want similar support, our solicitors might offer their services under a Conditional Fee Agreement.
This specific type of No Win No Fee agreement means that no solicitor fees are payable upfront, during the process or if your case loses. However, if it succeeds, your solicitor will take a success fee from the figure you’re awarded. This is a legally capped percentage of your compensation.
Contact Us
If you want the help of one of our solicitors when making your road traffic accident pedestrian claim against a driver, contact our advisors now to see if you’re eligible. They will provide a free consultation to uncover the validity of your case and see if you’re likely to be entitled to personal injury compensation.
You can get in touch with them today by:
- Calling us on 0800 073 8801
- Completing our Contact Us form to begin an online enquiry
- Speaking to us on live chat, found on our website
Learn More About Making A Road Traffic Accident Pedestrian Claim Against A Driver
We hope this guide has answered your questions about making a road traffic accident pedestrian claim against a driver. If you want to read more of our helpful guides, please look here:
- Have you suffered an arm injury following a road traffic accident and want to claim compensation?
- A guide that addresses the myths about scams involving No Win No Fee agreements
- A case study: pedestrian hit by a car
For some external resources, please visit the links below:
- Information about statutory sick pay from Gov UK
- A guide about when to call 999 from the NHS
- Key advice for road users from Think!