By Aaron Lee. Last Updated 19th February 2021. Road traffic accidents are often unexpected, and in many cases, they can have a serious impact on your health and well-being. In this guide, we are going to answer relevant questions, such as “hit by a car at a junction could i claim?”.
Every year thousands of people are injured or killed in road traffic accidents (RTA) in the UK. Most of them are pedestrians, the road users most in danger of being hurt in RTA’S. If you were one of the pedestrians hit by a car then you could be eligible to claim compensation from the driver who hit you. This guide specifically for pedestrians hit at a junction and it will go into some of the details about pedestrian accidents at junctions; namely how drivers are supposed to approach junctions, who has right of way at them and what you can do to claim if you were the victim. For a guide to claiming compensation in road traffic accidents in general you can go here.
What is especially important about this guide is that it will tell you about how our solicitors can help you fight for that compensation. In this article you will learn about the free advice our team offers, the amount of experience our solicitors have and how we can make no win no fee agreements with you that can remove the financial burden of making a claim from your shoulders.
Select A Section
- A Guide To Claiming Compensation As A Pedestrian Hit At A Junction By A Car
- What Is A Pedestrian Accident?
- A Guide To Different Types Of Road Junction
- What Are Pedestrian Accidents At A Junction?
- Establishing Right Of Way At A Junction
- Could I Claim If The Car Had Right Of Way At The Junction?
- I Was Hit By A Car At Junction When Crossing The Road, Could I Claim Compensation?
- I Was Hit By A Car At A T-Junction, Could I Claim Compensation?
- I Was Hit By A Car At A Junction, What Should I Do?
- Personal Injury Claims Calculator For Pedestrians Hit At A Junction By A Car
- Other Types Of Damages You May Be Awarded
- No Win No Fee Claims As A As A Pedestrian Hit At A Junction By A Car
- How Accident Claims UK Could Help You
- Contact Our Pedestrian Accident Claims Team
- Essential Links
If you’ve been injured by being hit by a car as a pedestrian at a junction you may want to seek compensation, but are put off by the legal complexities. You may be worried about whether or not you really had right of way, whether your injuries are worth compensation and worried about how you will be able to afford the legal fees of making a claim in the first place. This guide aims to explain all the things you need to know about making this type of claim; what different types of road junctions there are, when you have right of way, how to claim if you didn’t have right of way, how to gather evidence for your claim, what kinds of damages entitle you to compensation and how no win no fee claims work. Don’t worry if at the end of this article you are left with further unanswered questions, feel free to contact our legal team at any time for free advice on your situation.
A pedestrian accident is any road traffic accident in which a pedestrian has been hit by a vehicle. Pedestrian accidents are some of the most common form of road traffic accidents and pedestrians make up the majority of casualties in road traffic accidents. This is because a person on foot is much more vulnerable to injury than a person inside a vehicle. In the event that a vehicle hits a pedestrian the pedestrian is the one likely to sustain injury, it would be overwhelmingly unlikely for a driver to hit a pedestrian and sustain injury instead of the pedestrian. A pedestrian hit by a car could suffer bone fractures, a head injury, a back injury, a leg injury or internal injuries, as well as relatively more minor injuries like whiplash.
A road junction is any point where two different roads meet. Of course given the different types and layouts of roads in the UK, there are different types and layouts of junctions. The way you should handle each type of junction can vary. Here are some of the different types of road junctions below.
- Unmarked junctions: These are junctions without signs or road markings. They are usually smaller, often single lane roads. Often found along quiet rural roads which have little traffic.
- Marked junctions: Usually larger than unmarked junctions. They have road markings such as stop lines and road signs such as “give way” or “stop” signs.
- Controlled junctions: Controlled junctions are junctions with traffic lights to control the flow of traffic. They are usually made up of multiple lanes.
- Staggered Junctions: Staggered junctions are where there are two junctions on either side of the road from each other, but offset rather than directly parallel.
- Box junctions: Box junctions are four way junctions which have an area in the middle marked out by a yellow square. They are usually controlled by traffic lights, vehicles may not enter the yellow box to cross the junction unless the traffic lights for their lane are green.
- Open junction: A term given to a junction of any kind in which the driver has a clear view of traffic coming from both directions as they approach.
- Closed junction: A term for any junction in which the view of the approaching traffic is limited, requiring Stop or Give way signs to instruct the driver to pause at the junction to see if it is safe to continue.
- Blind junction: A Blind junction is one in which the driver cannot see any incoming traffic until they have edged their vehicle out of the junction.
Drivers are obliged to be aware of any pedestrians crossing the road or about to cross the road. However when they are at, or approaching, a junction many drivers may be paying closer attention to oncoming traffic than they are to approaching pedestrians. They may be looking at the road rather than at the pavement, or there may be obstructions to the drivers view of oncoming pedestrians, especially at closed junctions and blind junctions. One reason why accidents at junctions are a particular danger is because drivers will be accelerating as they pull out of the junction. Accelerating makes it harder for drivers to stop in time if a pedestrian is in their path. As we mentioned in the earlier section on pedestrian accidents, these accidents pose a much greater risk to the pedestrian than to the driver.
If a pedestrian has already started walking across the junction before the car arrived then they have right of way and the car must wait to allow them to cross. The same goes if the pedestrian is crossing a side road. Pedestrians also have right of way when crossing a Zebra crossing, drivers are advised to be cautious when nearing a zebra crossing in case a pedestrian crosses the street. If a driver hits you in these circumstances they could be liable for a compensation claim on the grounds of negligent driving.
In the case of Pelican crossings, Puffin crossings and Toucan crossings pedestrians do not have automatic right of way and cannot cross until signals are shown. Pedestrians have to wait and let cars go by until the traffic lights are showing the green man signal, at the same time the traffic lights will display a red signal to the drivers instructing them to stop. If a driver ignores a red light and hits a pedestrian while they are crossing under a green man signal they will have violated the law.
Pedestrians have the right to walk along the side of the road, either on the pavement or on the edge of the road itself on country roads without a pavement unless the road is a motorway or a slip road. You can read about the safe use of junctions and crossings here.
Even in situations in which the driver had right of way it could be possible for them to be liable for a personal injury claim brought against them if they hit a pedestrian. Because a driver in a vehicle is putting a pedestrian at risk on injury and not the other way around the highway code places the duty of care on the driver. That means that the driver must be vigilant and cautious where there might be crossing pedestrians nearby, even when they have right of way.
So for example if a driver is approaching an obstacle which might conceal some pedestrians about to cross the road, such as large parked vehicles like buses and lorries, they should be mindful and slow down. Another example is zebra crossings, pedestrians should of course be observant and use their common sense when crossing at a zebra crossing, but drivers should still be careful when approaching in case a pedestrian were to try and start crossing in front of them. The highway code also requires drivers to drive with particular care when around vulnerable pedestrians, this includes disabled pedestrians, elderly pedestrians and children. You can read more about the drivers obligations around pedestrians here.
You could claim without having had right of way in any situation in which the driver should have anticipated that pedestrians might be crossing and failed to drive with appropriate caution. It may be ruled in your case that you were partially responsible for the accident by crossing the road while not having right of way, in that case you could still be entitled to receive compensation, but not the full amount. The amount your compensation is reduced by will depend on what degree of culpability you are deemed to have had. For more details about how split liability claims work you can go here.
If you were crossing the road at a junction where you had right of way (for example if you had already begun crossing when the car arrived, you were crossing a marked junction or the traffic lights indicated you had the right to cross) then you would most likely have the right to claim compensation. If you were hit by a car which mounted the pavement while you were waiting to cross you would also have a good chance of claiming compensation.
Note that the car itself doesn’t need to hit you in order for you to be entitled to make a claim. If you are forced to jump out of the way of an oncoming car and hurt yourself while doing so this could also be classed as a pedestrian traffic accident.
When a compensation claim against a driver is successful the compensation is paid by their insurance, this is why it is important to try and get the registration and insurance details of the driver. In the event that you can’t either because it was a hit and run incident, or the driver was uninsured or driving a stolen vehicle then you still claim, but instead of claiming against the driver you will claim through the Motor Insurance Bureau.
In any instance in which you have been injured by a car at a T junction you could be entitled to make a claim for compensation. Even in cases where you may have been partially at fault yourself by not taking as much care as you should before crossing you could receive a reduced amount of compensation. The key thing is being able to produce evidence to support your case, as it will be the responsibility of the drivers insurance company to try and defend them and avoid paying out compensation. To have a successful claim you will need strong evidence and a good personal injury lawyer. In the section below you can read about how you can take steps right away to bolster your case, and later we will describe how our solicitors with their decades of experience are a good choice for you to work with.
The first thing you should do if you are injured in a traffic accident is obviously see to your own safety, make sure you aren’t still in danger, get up and get off the road if you can. If you require medical treatment, then get it. If paramedics attempt to take you to hospital, then go with them.
If your safety is assured and you aren’t seriously injured you should then try to gather evidence which can greatly help your case. Get the registration number of the car which hit you and if possible the insurance details and contact details of the driver. Try to get the contact details of other people who saw what happened so that they can give witness testimony to support your case. Take photographs of the place where the accident happened, the car that hit you and any damage it may have caused (if possible) and your injuries. If you talk to anyone at the scene, don’t say anything which could be construed as an admission of fault for the accident, this could be used against you.
Report the incident to the police as soon as possible. If you weren’t taken to hospital straight from the scene try to see a doctor as soon as you can after you have left the scene of the accident. This is not only important for your own health’s sake, but the evidence provided by the medical record will help strengthen your case.
Write down as much as you can remember about the accident while the incident is still fresh in your mind, don’t be left making a statement sometime after the fact when your memories are less clear. Keep all records and receipts of expenses relating to the accident, even minor things like public transport tickets to attend hospital. This can be used to calculate how much the incident has cost you and how much compensation you should receive.
Above all you should seek out the advice of a legal expert or a solicitor, you can reach ours with the contact details at the bottom of this article.
Every compensation claim is different; the compensation which can be claimed and granted is worked out on an individual basis for each case. We can’t tell you definitively here how much compensation the injuries you sustained from being hit by a car near a junction are worth. However we do have guidelines which can help to calculate how much compensation the injury is worth based on the seriousness of the injury, the recovery time and the degree of the lasting effects on your life. Reading through the table below could help you start to get a picture of how much compensation your injury might be worth. But bear in mind you would have to discuss the details of your case with a solicitor and our advisors to get close to the real figure.
|Quadriplegia||In which the patient retains awareness, sight, speech and hearing and a life expectancy of at least 25 but requires help with bodily functions and no longer has a full range of movement. Varies depending on degree of awareness, remaining life expectancy and degree of residual movement.||£276,940-£379,100|
|Paraplegia||The level of award will depend on the victims level of awareness, independence, age life expectancy and sexual function.||£186,890-£266,740|
|Other Arm injuries (a)||Injuries to the arms so severe in their lasting effects they are equivalent to the amputation of the arm.||£82,040-£122,860|
|Other arm injuries (b)||Serious lasting disabilities either cosmetic or functional||£33,430-£56,180|
|Other arm injuries (c)||An injury leaving serious disabilities which the patient is expected to recover from.||£16,380-£36,770|
|Other arm injuries (d)||Simple fractures in the forearm||£5,630-£18,020|
|Severe leg injuries||Injuries to the leg or legs so severe as to equate to amputation or at least permanent loss of full function.||£33,450-£127,530|
|Moderate leg injuries||Multiple complicated fractures or crushing injuries. Amount awarded depends on degree of or risk of complications.||£23,680-£36,790|
Damages in legal claims come in two different types. General damages and special damages. General damages cover the physical effects of an injury, and the pain, psychological harm and lasting health problems directly caused by it.
Special damages cover the compensation for any financial effects of the accident. This means things like the costs of medical treatment, the costs of nursing care and assistant care during your recovery, the costs of medications and prescriptions you require and the costs of psychological therapy and physiotherapy. In the event that the pedestrian hit by a car dies of their injuries and you wish to claim on their behalf; the costs of funeral expenses can also be claimed as damages. Special damages can also include lost income and lost projected future income from being unable to work.
If you choose to work with Accident Claims UK then you will be able to do so with a no win no fee claim agreement. Many people might be concerned about the practicalities of making a claim, especially the high costs of some solicitor’s legal fees. A no win no fee agreement can help you avoid these expenses, by ensuring that you won’t have to worry about the personal injury solicitors fees until the case is finished.
If the case finishes without compensation being awarded then under the terms of a no win no fee agreement your solicitor will waive your obligations to pay for their services (assuming the claim was legitimate). If the case settles in your favour and awards compensation then under the terms of a no win no fee claim you will pay your solicitor using a pre-arranged amount of the compensation sum. This can be up to 25% of the compensation, though you will have the chance to discuss the details of the agreement with the solicitor before beginning the claim. Please note that you will sometimes hear solicitors and legal advisors referring to “Conditional Fee Agreements” (CFA), this is just another term for no win no fee agreements.
The solicitors at Accident Claims UK have up to thirty years of experience working in the legal sector, whatever the nature of your accident there is a strong chance they have handled and won cases like yours before. If all you’re looking for at this stage is advice then our team can offer you said advice for free. Accident Claims’ solicitors can also help seek compensation for a pedestrian hit by a car or other vehicles on a no win no fee basis, which as the section above explained can drastically reduce the danger of large legal expenses when making a claim.
If you’re thinking about making a claim why not contact our pedestrian accidents claim team? They can give you free advice even if you aren’t sure yet about making a claim and they will be the ones to put you in touch with our solicitors if you do decide to make a claim. You can use this start a claim form to have our team call you, or you can call them directly on 0800 073 8801, or drop and email to email@example.com
- Whiplash injury Guide
- Cycling Accident Guide
- Head Injury Guide
Hit by a car at a junction could I claim FAQ
What do you do when you get hit by a car?
If you happen to be hit by a car, the best you can do (besides seeking medical attention) is reporting the incident to the police. You can also report the incident to the Motor Insurance Bureau.
Who can make a claim?
If a loved one has been fatally injured due to the negligent actions of a driver, then you could have grounds to make a claim on their behalf. Claims of this nature are often complex, but with the support of a legal professional by your side, the process can be a lot easier to navigate. Why not contact our team today to learn more.
Road Traffic Accident statistics
As outlined by the Department of Transport, here are the latest road traffic statistics:
- 1,752 reported road deaths in 2019
- 25,945 serious injuries in road traffic accidents
- 153,158 casualties of all severities
Thank you for taking the time to read our guide. We hope you have a better understanding and know the answer to” I was hit by a car at a junction could i claim.”