How Much Pedestrian Accident Compensation Can I Claim?

If you have been injured while using the roads as a pedestrian, you may be wondering if you could make a pedestrian accident compensation claim. Pedestrian accidents can lead to a variety of different, potentially serious, injuries as well as financial difficulties and emotional distress. This guide explains your rights following a pedestrian accident, how to make a claim and what evidence may support your case.

What You Need To Know

  • The Highway Code requires road users to pay extra care to pedestrians.
  • However, pedestrians are at serious risk of severe or fatal injuries, accounting for 25% of fatal reported road casualties in Great Britain in 2023.
  • Road traffic accident claims generally must be started within 3 years of the accident taking place.
  • A No Win No Fee solicitor from our panel may be able to help you.

To get expert help and assistance with your pedestrian accident claim, please contact our team:

A pedestrian hit by a car lays in the road.

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What Is Classed As A Pedestrian Accident?

A pedestrian accident is an incident in which a person (on foot) is injured in a collision with a moving vehicle. The incident may occur at a pedestrian crossing, junction, or even on a pavement. Pedestrian accidents could be caused by poor road conditions or driver negligence, among other causes.

Some examples of injuries that a pedestrian could suffer in an accident include:

  • Head injuries – these can include skull fractures, concussions and traumatic head injuries
  • Neck and spinal injuries – these could include damage to the neck, or any part of the spine.
  • Bone fractures – collisions and impacts could lead to various broken or fractured bones across the body.
  • Soft tissue damage – these may include damage to connective tissues, such as ligaments, tendons and other tissues.
  • Psychological injuries – victims may be left with psychological harm, such as post-traumatic stress disorder.

Due to a lack of protection, pedestrians are among the most vulnerable road users. Depending on the type of accident, speed and vehicle involved, injuries could range from minor cuts and bruises to life-changing injuries.

It is important to report any road traffic accident as soon as possible and to get immediate medical care for any injuries. These steps can also help you to later make a pedestrian accident compensation claim. Our team could help you learn more about what you need to know about road accident claims.

Can I Claim For Pedestrian Accident Compensation?

You could claim for pedestrian accident compensation if you can show that another road user was at fault for the injuries you suffered.

All those using the roads have a duty of care towards one another. Per this duty of care, they must use the roads in a way which is safe for themselves and for others. All road users must also ensure they comply with the rules and guidelines found in both the Highway Code and the Road Traffic Act 1988.

All pedestrian accident claims must meet these criteria in order for them to be deemed eligible:

  1. Another road user had a duty of care towards you.
  2. This road user was in breach of their duty. For example, a vehicle reverses from a driveway without checking their mirrors, hitting you as you were walking behind them.
  3. You were injured, e.g. a fractured leg or foot.

What If I Wasn’t Paying Attention?

If you were not paying attention at the time of the accident, it may affect your ability to make a pedestrian accident claim.

Under section 3 of the Road Traffic Act 1988, road users must drive with reasonable care and attention to the road and pedestrians. This means that even if a pedestrian was distracted when crossing the road, motorists must still take reasonable steps to avoid a collision, such as braking.

Rules 1-35 of the Highway Code also set rules for pedestrian safety. These include:

  • Finding a safe place to cross, such as by using a designated crossing, bridge or underpass if available.
  • Following traffic signals.
  • Not walking out from between parked cars without checking for traffic.

If a pedestrian contributed towards the accident, they may be able to make a split liability claim. For example, a pedestrian stepped out into the road without checking that it was clear to do so, and a speeding driver hit them.

Any compensation which they would have been eligible to claim is reduced by the percentage they are determined to be at fault. For example, if a pedestrian is 25% responsible for the accident taking place, their compensation may be reduced by 25%.

Our team can provide guidance, helping to determine whether you were partially at fault and whether you could claim compensation after a road traffic accident.

A pedestrian crosses the road.

The Most Common Examples Of Pedestrian Accident Claims

The most common examples of circumstances leading to pedestrian accident claims may include drivers speeding, failing to drive with due care and attention or otherwise being distracted, such as by using a mobile phone.

Below, we look at these potential causes of pedestrian accidents.

Vehicle Driving Above Speed Limit

The Department for Transport (Dft) reports that between 2019 and 2023, 991 pedestrian accidents involved a driver exceeding the speed limit.

Speeding can reduce a driver’s reaction time and increase the chances of a pedestrian suffering a severe injury.

An example of a speeding-related pedestrian accident includes:

  • A pedestrian is hit by a speeding vehicle when stepping off the pavement in a residential area. The pedestrian does not see the vehicle speeding around a corner, and it hits as they cross. This causes them to suffer multiple serious injuries.

Driver Not Paying Attention To Their Surroundings

Additionally, the DfT also reports that 6,006 pedestrian accidents were caused by a driver failing to look properly.

An example of when a pedestrian accident compensation claim could be made in this scenario includes:

  • A driver is not paying attention to the road and fails to notice you using a zebra crossing, causing them to hit you and suffer a head injury.

Driver Distracted By Mobile Phone / Inside Their Vehicle

Avoidable pedestrian accidents could be caused by a driver being distracted by something inside their vehicle, such as their mobile phone or a passenger.

A distracted driver could cause a pedestrian accident where:

  • A driver using their mobile phone fails to notice a pedestrian using a zebra crossing until it is too late to slow down and stop, and hits them, causing the pedestrian to suffer a broken arm.

Motorists and other road users must remain alert, paying due care and attention. If a road user failed to do so, causing your accident, you may have grounds to claim pedestrian accident compensation. Contact our advisors today to discuss your case.

How Much Compensation Can I Get As A Pedestrian?

If a pedestrian is left with quadriplegia following a serious accident, they could potentially receive between £396,140 and £493,000. These figures have been taken from the Judicial College Guidelines (JCG).

The JCG is a resource commonly used to calculate how much compensation could be awarded for different forms of injury, as it provides compensation guidelines for various severities of injuries.

Below, you can find examples taken from the JCG (with the exception of the first figure) in our table.

Pedestrian InjurySeverityCompensation
Multiple severe injuries (inc special damages).SevereUp to £1,000,000+
ParalysisQuadriplegia/ tetraplegia.£396,140 to £493,000.
Brain damageVery severe£344,150 to £493,000.
Arm injuriesSevere£117,360 to £159,770
Neck injuriesSevere - (ii)£80,240 to £159,770.
Post-Traumatic Stress DisorderSevere£73,050 to £122,850.
Back injuriesSevere - (ii)£90,510 to £107,910.
Shoulder injuriesSevere£23,430 to £58,610.
Hip & Pelvis injuriesModerate - (i)£32,450 to £47,810.
Leg injuriesSevere (iii) Serious£47,840 to £66,920

What Will Determine My Compensation Amounts?

The overall amount of compensation you are awarded may be determined by the type of injury you suffered as well as how severe it was. Settlements for personal injury claims may also take the wider impact an accident has had on you into account, for example, have you lost income or been left facing out-of-pocket expenses?

Compensation for pedestrian accidents can be awarded under two heads of loss.

The first is general damages, which is compensated for the injuries you have suffered, both physical and psychological. This is always awarded for successful cases.

The second is special damages which is awarded for the financial losses you have suffered due to your injuries, such:

  • Medical treatment costs – this may include the cost of surgery, ongoing care, rehabilitation or physiotherapy, among other expenses.
  • Lost income and earnings – where income has been lost due to taking time off work during your recovery.
  • Travel expenses – costs related to attending medical appointments.
  • Domestic care and support – including the cost of help in the home whilst recovering from your injuries.

In order for these to be taken into consideration, you must provide evidence. Payslips may be used to show a reduction in income, whilst invoices could prove the cost of medical treatment or help in the home.

Pedestrian injury claims are assessed on an individual basis. Compensation amounts can vary depending on the individual circumstances of the claim. A pedestrian accident lawyer from our panel could help to assess what you are eligible to claim. Contact our advisors to learn more.

A pedestrian hit by a car lays in the road.

What Should I Do After A Pedestrian Accident?

Following a pedestrian accident, there are certain steps which you could take in order to help you make a pedestrian injury claim.

  • Your first step should be to ensure that the accident has been reported to the police. Any road traffic collision in which someone is injured, such as being hit by a car, must be reported to the police within 24 hours.
  • You should ensure that your injuries are appropriately treated. This may mean visiting a hospital A&E or urgent care department, getting care from a paramedic at the accident scene or visiting your GP.
  • Next, you should ensure you collect evidence which can support your claim. Typically, examples of evidence could include police reports, medical records, photos or videos of the scene of the accident.

Time Limit For Claiming

Another part of the pedestrian accident claims process is ensuring that your claim is filed within the appropriate time limit (as set by the Limitation Act 1980). How long after a road accident you have to claim depends whether claiming for yourself or someone else.

  • When claiming on your own behalf, you typically have up to 3 years to make a claim.
  • If your child got hit by a car or other vehicle, you could act as a litigation friend and make a claim for them at any point prior to them turning 18. They would subsequently have 3 years to file a claim from this date if no claim is started on their behalf.
  • Where a claimant does not have the mental capacity to make their own claim, you may also act as a litigation friend and claim on their behalf. There is no time limit unless the injured party regains the mental capacity to make a claim, and would then run for 3 years from this date.

To learn more about making a pedestrian accident compensation claim, please contact our team.

Get Free Advice From UK Law

If you have been injured in a pedestrian accident, you could get a free, no-obligation assessment of your case from UK Law. If you are eligible to claim pedestrian accident compensation, you could do so with a No Win No Fee solicitor from our panel.

By working under a Conditional Fee Agreement (CFA), the benefits you could experience include:

  • No upfront solicitors’ fees.
  • No ongoing fees to pay.
  • Nothing to pay for the solicitor’s completed work if the claim fails.
  • Paying a legally limited percentage of your compensation if the claim is a success, referred to as a success fee.

Contact Us

To see if one of the solicitors on our panel could help you with claiming pedestrian accident compensation, you can contact our advisors:

A solicitor helps someone to make a pedestrian accident compensation claim.

More Information

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Thank you for reading our guide to pedestrian accident compensation claims. Get in touch with our team to find out how we could help you.