A Guide To Making A Pedestrian Claim Against A Driver

This is a guide to making a pedestrian claim against a driver. It will discuss the criteria that you need to meet in order to seek personal injury compensation, as well as the time limits that you need to adhere to.

pedestrian claim against driver

A Guide To Making A Pedestrian Claim Against A Driver

Additionally, we will explain the duty of care owed by road users to prevent each other from experiencing harm and how pedestrians are a type of road user requiring extra care.

You will find information on how road traffic accidents involving pedestrians can occur and the types of injuries that can be caused during collisions, as well as the possible compensation you could potentially claim.

Towards the end of this page, you will find a brief overview of No Win No Fee agreements and the substantial advantage to you as a claimant of making your personal injury claim with a solicitor who offers services under a specific type of No Win No Fee contract.

For further information, you can reach our team of advisors using the details below. They are on hand to address any and all questions regarding the claims process. You can:

Select A Section

  1. How To Make A Pedestrian Claim Against A Driver
  2. Causes Of Pedestrian Road Traffic Accidents
  3. Proving Liability For Pedestrian Injuries
  4. What Could A Pedestrian Claim If Hit By A Driver?
  5. Could You Claim Against A Driver On A No Win No Fee Basis?
  6. Learn More About Making A Pedestrian Claim Against A Driver

How To Make A Pedestrian Claim Against A Driver

Per the Road Traffic Act 1988, there is a collective duty of care among road users to do everything they reasonably can to prevent one another from experiencing harm on the roads. The Highway Code contains rules, which are backed by law, and recommendations, which are not, on the safe navigation of the road network. 

Rule 204 of the Highway Code establishes pedestrians as road users requiring extra care. The greatest responsibility to mitigate the danger they present to others is placed upon road users who have the potential to cause the greatest harm. What this means is drivers, as part of their duty to prevent other road users from experiencing harm, have to take extra care when approaching pedestrians.

In order to make a pedestrian claim against a driver, you need to meet these three conditions:

  1. At the time of the accident, you were owed a duty of care by a driver.
  2. That driver breached their duty of care to you.
  3. This breach was the cause of your injuries.

Time Limits for Pedestrian claims against drivers

As set out in the Limitation Act 1980, generally, there is a 3-year time limit counted from the date of the accident to begin legal proceedings for personal injury claims. Exceptions to this can apply, and extensions may be granted under certain circumstances.

You can contact our advisors to learn more about the time limits for starting a pedestrian claim against a driver and if any exceptions apply to your particular case. They can also determine whether you are meet the requirements to make a personal injury claim.

Causes Of Pedestrian Road Traffic Accidents

Pedestrians are the road users most at risk of harm in vehicle accidents as they lack the protections provided by either motorcycle gear or the safety features of motor vehicles. Below you can find some scenarios where a pedestrian could be hit by a car, and sustain harm.

  • A drunk driver misjudges the stopping distance and hits a pedestrian on a zebra crossing. The pedestrian sustains multiple bone fractures as a result.
  • A driver is operating their vehicle in a reckless manner; speeding, weaving, and overtaking other vehicles in unsafe places. They swerve to avoid oncoming traffic, mounting the pavement and hitting a pedestrian, causing serious injuries, such as spinal cord damage. 
  • A driver is reversing from their driveway without due care and attention. Because of their lack of observation, they collide with a passing pedestrian, causing them to suffer a head injury. 

To discuss your specific case, and find out whether you could make a pedestrian accident claim against a driver, call our team on the number above.

Proving Liability For Pedestrian Injuries

You should assemble a body of evidence to support your claim in order to prove an injury was caused by a driver breaching the duty of care they owed to you. Listed here is a selection of the types of evidence that could be collected in support of your pedestrian claim against a driver:

  • After you have gotten medical attention, you can acquire copies of your medical records, such as test results and scans.
  • Keeping a diary during treatment can be important to show your physical and mental state after the accident.
  • You can get copies of any dashcam or CCTV footage that shows the accident.
  • Collect the contact information of any potential witnesses so they can give their statements at a later date. Witness statements can provide alternative accounts of how the accident occurred.
  • Keep hold of travel tickets, receipts, payslips, invoices or other documents that show you suffered financial loss through being injured.

This list is non-exhaustive. For example, if there were no witnesses to your accident, you can still support your claim with other evidence that shows the driver was at fault.

For support with gathering evidence, you can contact our advisors. They could connect you with one of our solicitors, provided you have a valid claim, who could then assist you with building your body of evidence and ensuring your case is presented within the applicable time limit.

What Could A Pedestrian Claim If Hit By A Driver?

Upon the success of your pedestrian claim against a driver, you will receive personal injury compensation. The payout awarded can be made up of two different heads of claim. General damages compensate for the pain and suffering you experienced because of your injuries, and special damages, compensate for any monetary losses your injuries caused.

The Judicial College Guidelines is a publication containing guideline award brackets for different injuries. A selection of these have been used to compile the below table. It is important to understand that this table has been included for guidance purposes only, as personal injury claims are assessed on an individual basis.

Compensation Table

Injury Severity Description Amount
Brain Injury (a) Very Severe There will be little evidence of meaningful response to environment, as well as language function and the person will have a need for full time nursing care. £282,010 to £403,990
Brain Injury (b) Moderately Severe Very serious disability such as limb paralysis or marked intellectual impairment, with substantial dependence on others. £219,070 to £282,010
Neck Injury (a) Severe (i) Injury associated with incomplete paraplegia or causing permanent spastic quadriparesis, or where despite permanently wearing a collar there is little to no neck movement. In the region of £148,330
Neck Injury (a) Severe (iii) Injuries causing fractures, dislocations, ruptured tendons or severe soft tissue damage that lead to chronic conditions and significant permanent disability. £65,740 to £130,930
Back Injury (a) Severe (i) Damage to spinal cord and nerve roots causing severe pain, incomplete paralysis and significantly impaired bowel and bladder function. £91,090 to £160,980
Back Injury (b) Moderate (i) Compression fracture of lumbar vertebrae where there is substantial risk of osteoarthritis and constant pain and discomfort. £27,760 to £38,780
Injuries to Pelvis and Hips (a) Severe (i) Extensive pelvis fractures that involve, for example, a dislocation of a low back joint and bladder rupture. £78,400 to £130,930
Injuries to Pelvis and Hips (a) Severe (iii) Injuries such as an acetabulum fracture causing degenerative changes and leg instability requiring an osteotomy and the likelihood of future hip replacement surgery. £39,170 to £52,500
Foot Injuries (d) Severe Fractures of both heels or feet with substantial mobility restriction or considerable permanent pain, or unusually severe injury to a single foot. £41,970 to £70,030
Foot Injuries (e) Serious Injuries leading to continuing pain from traumatic arthritis or risk of future arthritis and prolonged treatment £24,990 to £39,200

Special Damages

As mentioned, you can potentially claim financial losses stemming from your injuries under special damages, the other head of claim that can make up your settlement. For example:

  • Loss of earnings.
  • Transport costs.
  • The cost of domestic care and assistance in the home.

Remember to keep your travel tickets, payslips or receipts as evidence of financial losses.

One of our advisors can explain the two heads of claim and how compensation amounts are calculated in more detail. To find out more, you use the contact information at the bottom of the page.

Could You Claim Against A Driver On A No Win No Fee Basis?

After assessing your potential claim, our advisors can determine if your claim is likely to succeed. Following this assessment, you could be connected with of our solicitors. The solicitor could then offer to take your case under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract.

A solicitor will generally not take an upfront fee for their services under a CFA. Neither will they ask for any continuing payments as you go through the claims process. You will also not have to pay the solicitor for their work on your case following an unsuccessful claim.

A percentage will be deducted from your compensation, this is called a success fee, if your claim succeeds. This percentage is capped by law, meaning you will keep the majority of your personal injury compensation.

To learn more about starting your pedestrian claim against a driver under a CFA, you can contact our team using the following details:

Learn More About Making A Pedestrian Claim Against A Driver

Have a look at some of our other helpful guides:

For more resources

Thank you for reading our guide on making a pedestrian claim against a driver. You can contact our advisors using the contact details we have listed above with questions you have about the claims process or any other concerns.

Guide by HC

Edited by MMI