Can I Make A Pedestrian Claim After Being Hit By A Car?

This guide will explain how to make a pedestrian claim following a road traffic accident caused by another road user’s negligence. There are various types of pedestrian accidents including being hit by a car at a junction or hit by an uninsured driver. Alternatively, you may have been hit while walking on a pedestrian crossing. If you have experienced a similar incident, this guide could help you understand how to put forward a claim and the evidence you’ll need to support your case.

Pedestrian claim

A guide on making a pedestrian claim

In this guide, we will look at how another road user’s negligence could have caused your accident and the injuries you could have sustained as a result.

Additionally, we’ll look at whether the Whiplash Reform Programme will affect your claim.

However, if you have any questions after reading our guide, please don’t hesitate to get in touch on the details below:

  • Telephone number: 020 3870 4868
  • Online form: You could claim online via our website
  • Live chat: Speak with an advisor on the live chat function below.

Will The New Whiplash Claims Rules Affect You?

In May 2021, changes were introduced to the way claims were made for low-value road traffic accidents as per the Whiplash Reform Programme.

The changes mean that any claims were injuries are valued at less than £5,000 are to be made through the government’s claims portal.

However, there are certain road users who are exempt from the rules, such as pedestrians, cyclists and motorcyclists. For that reason, when making a pedestrian accident claim, the changes won’t apply to you.

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Can You Make A Pedestrian Claim If Someone Runs You Over?

You must be able to prove the following for your to make a pedestrian claim:

  • That someone owed you a duty of care
  • That the person breached the duty of care they owed
  • You sustained physical or psychological harm as a result

All road users have a responsibility to do everything they reasonably can to protect others from experiencing harm when navigating the roads. The Highway Code provides guidance and rules on the responsibilities each road user has.

However, in some cases, another road user may fail to take all reasonable steps to prevent you from experiencing harm. In these instances, you may be eligible to seek compensation for your pain and suffering.

For more information on whether you’re eligible to make a pedestrian claim, call our team on the number above.

Causes Of Pedestrian Road Traffic Accidents

According to the Reported Road Casualties: Great Britain Annual Report 2020, 346 pedestrians were killed in Great Britain in 2020. The nature of these accidents was not reported. Also, it’s important to note that not all pedestrian fatalities recorded will have been caused by negligence.

However, in order to claim, someone must have acted negligently causing you harm. The following examples highlight how another road user could have caused a pedestrian accident as a result of breaching the duty of care they owed:

  • The driver may have been under the influence of drugs or alcohol.
  • A car may have failed to stop while a pedestrian was walking on a pedestrian crossing.
  • The driver may have failed to check their mirror when reversing out of a driveway resulting in them hitting an oncoming pedestrian.

If you have experienced a similar incident, please get in touch with our team on the number above. An advisor can help you understand whether you’re eligible to claim.

If My Child Is Hit By A Car, Can I Make A Pedestrian Claim?

If your child has been hit by a car, you could make a pedestrian claim on their behalf. To do so, you could apply to act as a litigation friend and put forward the claim for them. You could do this before your child turns 18.

Alternatively, if you don’t pursue the claim on their behalf, your child could put forward the claim themselves after they turn 18. They will have three years from the date of their 18th birthday to do so.

For more information on child accident claims, call the number above to speak with a member of our team.

What Injuries Could A Car Accident Cause?

There are various injuries you could sustain as a result of being hit by a car or another vehicle, such as:

  • A severe brain injury that causes permanent brain damage.
  • A damaged spinal cord that causes permanent paralysis.
  • Severe lacerations that damage nerves and tissues.
  • Broken or fractured bones.
  • Internal organ damage.
  • Psychological harm, such as anxiety or post-traumatic stress disorder.

Do I Have To Get A Medical Assessment?

You may be invited to attend a medical assessment with an independent medical professional who will create a medical report.

The medical report can be used to determine the full extent of your injuries including the impact they will have on your quality of life in the future.

The details of the report can be used to help value your injuries and determine the compensation you may be entitled to.

If you hire a solicitor from our panel, they could arrange for you to attend the medical appointment in your local area. For further details on whether a solicitor from our panel could help, get in touch on the number above.

How Much Is Your Pedestrian Claim Worth?

The compensation payout you receive following a successful pedestrian claim may include general and special damages.

General damages seek to compensate you for the pain, suffering and loss of amenity caused by your injuries.

Medical evidence may be used to assess the severity of your injuries. In addition, a publication of compensation guidelines from the Judicial College may also be used to help when valuing your claim alongside medical evidence.

The table below uses compensation brackets from these guidelines. However, you should only use them as a guide.

Category And Severity Damages Notes On This Injury
Severe Back Injury (a) (i) £85,470 to £151,070 Injuries might include damage affecting the nerve roots and spinal cord itself. Impact may include disability, severe pain, partial paralysis and other impairments.
Severe Leg Injury (b) (i) £90,320 to £127,530 This category is comprised of the most serious forms of leg injury which fall short of the loss of limb (amputation).
Less Severe Arm Injury (c) £18,020 to £36,770 The injury may have caused a significant disability in the arm. However, either a substantial recovery is expected or has already taken place.
Wrist Injury (b) £22,990 to £36,770 Whilst there remains some useful movement in the wrist, victims are left with permanent and significant disabilities.
Severe Finger Fractures Up to £34,480 Fractures might lead to partial amputations which cause issues such as reduced function, grip impairment and deformity.
Moderate Brain Damage (c) (iii) £40,410 to £85,150 The injury has affected both memory and the ability to concentrate. The person can not work at the same level and before the injury.
Chest Injury (b) £61,710 to £94,470 Injuries might include a traumatic chest, heart or lung injury. Injuries such as these could cause permanent damage. Life expectancy may be reduced and function may be impaired.
Moderate Ankle Injury (c) £12,900 to £24,950 Injuries including (or similar to) torn ligaments and bone fractures. The injury may cause less serious degrees of disability such as making it hard to walk on uneven surfaces or to walk / stand for a long time.
Less Severe Elbow Injury (b) £14,690 to £30,050 Where the injury has impaired the use/ function of the elbow but no major surgery was required. Any disability is not significant.
Serious Foot Injury (e) £23,460 to £36,790 Injuries might cause continuing pain caused by arthritis that’s traumatic.

In addition to general damages, you can also receive special damages. These aim to reimburse you for any out of pocket expenses your injuries have caused, such as medical expenses or the cost of specialist care. You must provide evidence to prove any losses, such as invoices, receipts or payslips.

Begin Your Claim For A Pedestrian Accident Today

Our panel of solicitors could handle your pedestrian claim on a No Win No Fee basis. This means you won’t pay a fee upfront or fees while your claim is ongoing.

For claims that are successful, you will pay a success fee that’s deducted as a legally capped percentage from your compensation. However, you won’t pay the success fee if the claim doesn’t succeed.

For more information, get in touch on the details below:

  • Telephone number: 020 3870 4868
  • Online form: You could claim online via our website
  • Live chat: Speak with an advisor on the live chat function below.


These resources can help you learn more about making a road traffic accident claim.

We appreciate you taking the time to read our guide about making a pedestrian claim for your injuries. If you have any additional questions, get in touch on the number above.