Pedestrian Accident Solicitors – How To Claim Compensation
Pedestrian Accident Solicitors
This guide contains information about how pedestrian accident solicitors could help you make a personal injury claim following an accident in a public place. If you were injured in a public place and you think it might have occurred due to another party’s negligence, you may be able to claim compensation for the suffering you’ve endured.
This guide will go through some information about who could be liable for a public accident, who you might be able to claim against, and some claiming time limits that may apply. Read on to find out more.
Alternatively, you can get in touch with our team of advisers to discuss the details of your claim. They can listen to your circumstances and offer personalised legal advice. Contact us by:
- Calling us at 020 3870 4868
- Contacting us via the live chat feature below
- Filling in our online contact form with your query
Select A Section
- What Is A Pedestrian Accident?
- What Could Cause A Pedestrian Accident?
- Who Could You Claim Against?
- Time Limits To Claim For An Accident As A Pedestrian
- What Could Pedestrian Accident Solicitors Help You Claim?
- Start Your Claim With Pedestrian Accident Solicitors
What Is A Pedestrian Accident?
A pedestrian accident is an unexpected or unfortunate incident experienced by a person. It can often lead to damage or injury. Accidents can happen in almost any space and at any time. Sometimes they are the fault of no one and could not have been avoided.
In many public spaces, you are owed a duty of care. This is usually applied by the Occupiers’ Liability Act 1957. A duty of care means to take reasonable steps to secure the safety of others. When this duty is breached and harm results, those responsible can be liable for any suffering caused.
In order to make a personal injury claim, you must be able to show that a responsible party was negligent. Three criteria must be true of your circumstances:
- You were owed a duty of care by the occupier or owner of the space.
- That person breached this duty of care.
- As a result of this breach, you sustained harm in the form of an injury.
Pedestrian accident solicitors can help shed light on who may have owed you a duty of care. Get in touch with our advisers today to speak with someone about your circumstances.
What Could Cause A Pedestrian Accident?
Pedestrian accidents can be caused for all kinds of different reasons. They can happen on public paths, roads, in shopping centres, restaurants, schools and colleges, parks and play areas.
Here we are going to look at some of the causes of pedestrian accidents:
- Cracks and uplifted pavement slabs.
- Spillages in bars and restaurants
- Overgrown tree roots in parks and play areas
- Potholes in roads
- Untreated ice on public highways
That said, different kinds of injuries can be sustained after a pedestrian accident, such as:
- A sprain or strain
- A broken or fractured bone
- A twisted ankle
- A wrist injury, such as a broken wrist
If you have questions about whether you could claim for an injury you suffered while out and about in public, pedestrian accident solicitors may be able to answer them for you.
If you call our advisors, they will assess any potential personal injury claim. When they can see that your case has a chance of being awarded compensation, they can offer to pass you to a solicitor from our panel.
Who Could You Claim Against?
Personal injury claims that arise from accidents in the street could be directed against a number of different parties. This depends upon who is the ‘occupier’ of the space and therefore owes a duty of care to visitors.
Some examples of parties your claim could be directed against include:
- A local council
- A local highway authority
- A business
- A private landowner
Read on for more specific information about claiming against local authorities and businesses. Alternatively, get in touch with our advisers to learn how pedestrian accident solicitors could help with your potential claim.
Claims Against A Local Authority
Your local authority may be responsible for the upkeep and maintenance of:
- Road crossings
- Pavements
- Footpaths
This is not a blanket rule and does not cover all public walkways. For example, a paved walkway could fall on property owned by a business, in which case the duty of care to visitors would fall on them instead.
Contact our advisers to learn more, as each council has different eligibility requirements.
Claims Against Businesses
If you are injured on a business’ premises or inside a shop, pub, restaurant, shopping mall, or in any space that is occupied, then should the accident that caused the injury be the fault of the business owner or occupier, you could be eligible to make a personal injury claim.
For example, you may be able to claim against a business if:
- You fell because a wet floor had no warning signs, and you fractured your arm.
- You tripped over trailing wires in a supermarket and injured your back.
To learn more about how you can claim compensation as a pedestrian, contact our advisers. They may be able to put you in touch with pedestrian accident solicitors.
Time Limits To Claim For An Accident As A Pedestrian
There are a few time limits to bear in mind if you are considering making a personal injury claim. These time limits are in the Limitation Act 1980 and include:
- 3 years from the date of the accident
- 3 years from the date you become aware of your injury
- 3 years from the date you realise, or could reasonably be expected to realise, that the accident occurred due to negligence
There are a few exceptions to these limits, including when a child is injured or if someone lacks mental capacity.
- The 3-year time limit does not start for a child until they are 18
- If a person recovers mental capabilities enough to start their own claim, then the 3-year time limit begins for them.
For the above exceptions, someone may become a ‘litigation friend’ to the injured child or mentally incapacitated individual. This litigation friend may begin a claim on the injured party’s behalf.
To learn more about time limits that may apply, contact our advisers.
What Could Pedestrian Accident Solicitors Help You Claim?
Personal injury compensation can comprise up to two heads of claim: general damages and special damages. The first is intended to recompense you for the pain and suffering caused by your injury, while the second may be awarded to help you recoup financial losses your injury has caused.
Instead of including a personal injury calculator, we’ve created a table containing compensation brackets from the Judicial College Guidelines. This is a document that a personal injury lawyer will usually refer to when gauging a claim.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Very Severe Brain Injuries (a) | £282,010 to £403,990 | Perhaps some ability to follow basic commands and return of sleep patterns. Little if any response to environment or language function. |
| Moderately Severe Brain Injuries (b) | £219,070 to £282,010 | Need for constant care due to cognitive or physical disabilities, including limb paralysis or intellecutal impairment. |
| Severe Back Injuries (a) (i) | £91,090 to £160,980 | Severe injuries involving damage to the spinal cord or nerve roots. Severe pain in combination with incomplete paralysis. |
| Severe Neck Injuries (a) (i) | In the region of £148,330 | Associated with incomplete paraplegia, or permanent spastic quadriparesis, or little to no neck movement combined with intractable headaches. |
| Serious Damage to Both Hands (b) | £55,820 to £84,570 | Includes injuries that cause permanent cosmetic and functional disability. |
| Very Severe Ankle Injuries (a) | £50,060 to £69,700 | Injuries involving fractures and soft tissue damage that might require amputation. |
| Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 | Serious fractures to one or both arms that involves significant and permanent functional or cosmetic disability. |
| Less Severe Arm Injuries (c) | £19,200 to £39,170 | Significant injuries that nevertheless result in a substantial degree of recovery. |
| Serious Foot Injuries (e) | £24,990 to £39,200 | Injuries that lead to continuing pain from traumatic arthritis or risk of future arthritis. |
| Less Severe Elbow Injuries (b) | £15,650 to £32,010 | Injuries that cause impairment but do not require major surgery. |
Special damages can cover a range of financial losses, but they must relate to the injury you suffered. For example, special damages can reimburse you for:
- Loss of earnings
- Loss of future earnings
- Prescription medications or medical consultations
- Travel expenses incurred while getting to or from hospital appointments
To learn more about how to calculate special damages, get in touch with our advisers.
Start Your Claim With Pedestrian Accident Solicitors
Our advisers may be able to put you in touch with one of the solicitors from our panel. In turn, one of these solicitors may offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
Under the terms of this agreement, you will not pay a solicitor an upfront fee. Rather, you only pay a small percentage of your final compensation amount, and only if your claim is successful. This is known as a success fee and is capped by law.
To learn more about how pedestrian accident solicitors could aid with your potential personal injury claim, contact us today by:
- Calling us at 020 3870 4868
- Contacting us via the live chat feature below
- Filling in our online contact form with your query
Related Pedestrian Accident Claims
More guides that may be of use:
How do I get more money from a personal injury claim?
I don’t know who the occupier is can I still make a claim?
Other resources that might be helpful:
Royal Society for the Prevention of Accidents (RoSPA) – A society that imparts the knowledge to prevent serious accidents
Request CCTV Footage – Government guide to requesting CCTV footage of yourself
Statutory Sick Pay (SSP) – Information about SSP
We hope this guide has provided useful information about pedestrian accident solicitors. If you have further questions, contact us using the details above.
