Have you been hit by a car as a pedestrian? Was the driver at fault? If so, you may be wondering whether you can seek compensation and how to do so. This guide will answer these and some other commonly asked queries alongside the question, ‘What is the average settlement for pedestrian hit by car claims?’
Our guide will explore some of the reasons why pedestrians, who are one of the most vulnerable groups on the road, can claim compensation. We also take an in-depth look at the claims process, from what compensation is to what evidence might be beneficial for you.
Our specialist road traffic accident solicitors strive to get financial justice for their clients, all while working on a No Win No Fee basis. They have decades of combined experience in winning compensation, and can help you today if you have a valid pedestrian accident compensation claim.
To get started or find out more about pedestrian accident claims, simply talk to an advisor today using one of our free contact services. Our lines are open 24/7, so please reach out:
- Call 0800 073 8801
- Fill out the form on our ‘start a claim’ page.
- Message into our live chat box on the screen.
Jump To A Section
- What Is The Average Settlement For Pedestrian Hit By Car Claims?
- I Was Hit By A Car As A Pedestrian, What Do I Do?
- Pedestrian Hit By Car Compensation Claim Examples
- How Can I Start A Pedestrian Hit By Car Claim?
- No Win No Fee Pedestrian Road Accident Claims
- Learn More
What Is The Average Settlement For Pedestrian Hit By Car Claims?
The average settlement for pedestrian hit by car can vary as it depends on the individual circumstances of a case. Solicitors may refer to a publication called the Judicial College Guidelines (JCG) to help calculate the value of different types of injuries and illnesses (known as general damages in a compensation claim).
We have taken some suggestive figures from the JCG for our list below. Only the top bracket is not from the document. Please note that this table has been created for guidance only and is not a guarantee of compensation.
| Injury type | Severity of injury | Guideline | Notes |
|---|---|---|---|
| Multiple severe injuries and special damages | Severe | Up to £1,000,000+ | An award for suffering multiple severe injuries and financial losses, such as home modifications and medical bills. |
| Paralysis | Tetraplegia | £396,140 to £493,000 | In this bracket's mid-range, claimants will typically not be in physical pain, will have full awareness of their disability, and have a life expectancy of at least 25 years. They need assistance with bodily functions but will retain sight, speech, and hearing ability. |
| Paraplegia | £267,340 to £346,890 | Compensation will be influenced by whether pain is present (and extent of it), the level of independence a claimant has, if there is depression, how sexual function is affected, and age/life expectancy. | |
| Brain/Head | Very severe | £344,150 to £493,000 | Cases include 'locked-in' syndrome with a significantly reduced life expectancy. The top end of this bracket, there may be some capacity to follow basic commands, but claimants will exhibit little (or no) substantive response to their environment. Equally, there will be no retained language function (or it will be limited) and there will be a need for dedicated nursing care. |
| Moderate (i) | £183,190 to £267,340 | Where there is a moderate to severe personality change, intellectual deficit, affected senses, and where there is no prospect of employment. | |
| Back | Severe (i) | £111,150 to £196,450 | Cases involve spinal cord/nerve root damage. Severe pain with incomplete paralysis and significantly impaired bladder, bowel, and sexual function. |
| Moderate (ii) | £15,260 to £33,880 | Cases include disturbance to ligaments/muscles that result in backache. This bracket will consider factors like the severity of an injury, the level of pain experienced by a claimant, impact on quality of life, and what treatments have been needed (or will be). | |
| Arm | Severe injuries | £117,360 to £159,770 | This bracket covers injuries that leave claimants little better off than if there had been an amputation. Cases include a serious brachial plexus injury. |
| Simple fractures of the forearm | £8,060 to £23,430 | The forearm will have suffered a simple fracture. | |
| Post-traumatic stress disorder | Severe | £73,050 to £122,850 | The effects of PTSD will be permanent and prevent an individual from working, or at the very least, least returning to a state anywhere approaching pre-trauma. The PTSD will impact all aspects of a claimant's life. |
How Is Compensation Calculated For A Pedestrian Hit By A Car?
Compensation in a pedestrian accident claim is calculated through general and special damages. The physical and psychological injuries resulting from the accident fall under general damages, which considers factors such as:
- How painful your injuries are.
- Your loss of amenity, such as whether you are no longer able to play football.
- How long it’s expected to take for you to recover from your injuries (if at all).
During the personal injury claims process, legal professionals may send you to have an independent medical assessment regarding your injuries. The report made from this assessment can be used, alongside the JCG, to help them calculate the value of your general damages.
Can I Claim For Financial Losses?
Yes, if the financial losses directly resulted from your injuries. Under a head of claim called special damages, you could be reimbursed for losses such as:
- Loss of earnings, if your injuries prevented you from being able to work.
- Travel costs from making your way to and from medical appointments regarding your injuries.
- Medication costs, such as buying prescriptions, or expenses like treatments and physiotherapy.
- Home or vehicle modifications. For example, if you have sustained a permanent leg injury (such as lower body paralysis), you may have had to make your home wheelchair friendly.
In addition, special damages can account for a future loss of earnings (if you’re unable to work ever again, for example). All expenses claimed for will need supporting evidence. For this reason, keeping all receipts, bank statements, invoices, and payslips is advised.
What Are Interim Payments?
Interim payments are essentially an advance on your compensation designed to help cover immediate costs, such as physiotherapy or urgent medical treatment. These payments are possible if the defendant admits liability or it’s likely that the outcome of the claim will go in your favour. Legal professionals can help you apply for an interim payment and guide you through the process.
As you can see, unique factors mean there isn’t really an average settlement for pedestrian hit by car claims. You can chat with our team for guidance tailored to your specific situation and to discuss interim payments.
I Was Hit By A Car As A Pedestrian, What Do I Do?
If you were hit by a car as a pedestrian, you should first check whether you’re eligible to claim compensation.
To be eligible to claim road traffic accident compensation, you need to show that:
- While you were on the road, a road user owed you a duty of care.
- This road user breached their duty of care.
- You were injured as a direct result.
The above criteria combined make up the basis for a valid compensation claim.
As a pedestrian, you are owed a duty of care by anyone who uses the road, from motorists to cyclists and bus drivers. Likewise, you owe them a duty of care.
Essentially, what this duty means is that you and everyone else must use roads in such a way as to avoid causing injury or damage. To help fulfil this duty, all road users must follow the rules and regulations that are set out in The Highway Code and the Road Traffic Act 1988. If someone fails to do so, they would be breaching their duty of care.
If you believe you meet the road traffic accident claims eligibility criteria, please reach out to see if you can seek compensation with a specialist personal injury solicitor from our team.
Pedestrian Hit By Car Compensation Claim Examples
In the year ending June 2024, there were 19,092 pedestrian casualties from road traffic accidents, according to government statistics. Below, we show some examples of how pedestrian injury claims can happen.
Driver Not Paying Attention To Their Surroundings
Between 2019 and 2023, drivers failing to look properly was the biggest contributory factor involved in vehicle collisions with pedestrians, with 6,006 reported pedestrian casualties resulting from this alone.
Here are some specific examples of how this could result in a compensation claim:
- A driver fails to keep their eyes on the road ahead while having a conversation with 1 of their passengers. As a result, they fail to stop in time and hit a pedestrian crossing the road, leaving them with a serious back injury. Rule 144 of The Highway Code states that drivers must never drive without due attention.
- A driver using their mobile phone at the wheel fails to notice that they are approaching a zebra crossing. This failure culminates in them running over a pedestrian, who is left with a fractured forearm.
Driver Travelling Too Fast
According to the above-mentioned government report, there were 991 reported pedestrian casualties resulting from drivers exceeding the speed limit between 2019 and 2023. If a driver fails to follow speed limits, it can lead to accidents like the following:
- A driver exceeding the speed limit in a 30mph zone doesn’t brake in time for the red traffic light ahead. Subsequently, they run over a pedestrian who was crossing when they had a green signal, leaving them brain-damaged. Rule 124 of The Highway Code states that drivers must not exceed the speed limits for the road they are on.
- A driver goes too fast while turning a corner, meaning they cannot brake in time to avoid hitting a pedestrian on a parallel crossing. This failure results in the pedestrian being permanently paralysed. According to Rule 195 of The Highway Code, drivers must always give way to pedestrians who have already moved onto parallel and zebra crossings.
Driver Swerving Onto Public Footpath
Another common cause of pedestrian injury claims is drivers swerving onto public footpaths. Below, we’ve listed some scenarios of why they happen:
- A drunk driver loses control of their vehicle, resulting in them breaking the leg of a pedestrian on a footpath. Rule 95 of The Highway Code states that it is illegal to drive over the breath alcohol legal limit, which is 35 micrograms/100 millilitres in England and Wales.
- A driver fails to turn on their car headlights at night. Consequently, they cannot see the road clearly, leading them to hit a pedestrian on a footpath and leave them with a skull fracture. According to Rule 113 of The Highway Code, headlights must be used at night.
Even though we have discussed some examples above of valid pedestrian injury claims, they don’t represent all scenarios of how a driver could breach their duty of care. So, it is best to contact us and discuss the specifics of your pedestrian injury.
How Can I Start A Pedestrian Hit By Car Claim?
You can start a pedestrian accident claim by simply getting in touch with us. However, you must make sure that you are within the road traffic accident claims limitation period.
The limitation period for starting a claim is 3 years, usually commencing from the date the accident took place, as stated in the Limitation Act 1980. There are exceptions to this time limit for claimants who were younger than 18 on the date of the accident or who do not have full mental capacity.
Neither group is able to start a claim for compensation by themselves, meaning the 3-year time limit won’t begin right away for them. Instead, it will only commence if these claimants either:
- Turn 18 (meaning the time limit will start from their 18th birthday).
- Recover their full mental capacity (meaning the time limit will start from the date it returns).
Alternatively, an eligible adult (like a loved one or solicitor) can help them claim while time limits are suspended by acting as their litigation friend.
To find out whether your claim is within the time limit or to enquire about being a litigation friend, please contact us today.
Collecting Evidence
Once you’ve started your pedestrian accident claim, you will need to prove that someone else was at fault for your injury. If you connect with one of our specialist solicitors, they can help you collect evidence like the following to support your claim:
- Dashcam or CCTV footage of the incident.
- Copies of your medical records, which can show what injuries you sustained due to being hit by a car, and how severe they are.
- Details of the driver who hit you, including their insurance policy details, as well as the model, make, and registration number of their vehicle.
- Contact details from anyone who witnessed the incident.
- Personal diary notes of what symptoms you have and what treatment you need.
- Photographs of the accident scene, your injuries, and the car that hit you (with their registration plate in the shot).
For more advice on what evidence you might need, please get in touch with an experienced advisor from our team.
No Win No Fee Pedestrian Road Accident Claims
All of our specialist solicitors work on a No Win No Fee basis, specifically under a Conditional Fee Agreement (CFA). What this means for our clients is that there are no fees to pay for a solicitor’s work, unless the claim is successful. So, there are:
- Zero upfront or ongoing solicitor fees.
- Zero solicitor fees at all if the claim is unsuccessful.
When a claim is successful, the personal injury solicitor will receive a small percentage of the compensation. This success fee is payment for a solicitor’s work and is small thanks to the percentage having a legal cap.
All of our specialist solicitors:
- Have decades of combined experience and training in road traffic accident claims.
- Have won over £80 million in compensation across the country.
- Can connect you with rehabilitation specialists if you require them.
- Are dedicated to giving you the best possible client service.
Contact Us
Are you ready to begin your pedestrian accident claim on a No Win No Fee basis? We’re here to help, so please contact us today:
- Call 0800 073 8801
- Fill out the form on our ‘start a claim’ page.
- Message into our live chat box on the screen.
Learn More
To learn more about road traffic accident claims, feel free to browse a few of our similar articles:
- How to claim if you were hit as a pedestrian by an uninsured driver.
- More information on what counts as dangerous driving.
- Find out how the Scotland car accident claims process is different.
Additionally, you might find some useful information on these pages:
- NHS: When to use 111 if your symptoms change or worsen.
- Gov.uk: How to request for a new pedestrian crossing to be added to an area.
- Gov.uk: How to claim Statutory Sick Pay (SSP).
Thank you for reading our guide on the average settlement for a pedestrian hit by a car.
