Pedestrian Road Accident Claims – How To Claim If Hit By A Car
This is a guide to making pedestrian road accident claims. You might wonder, “can a pedestrian make a personal injury claim for a road traffic accident?”. All road users owe one another a duty of care in regard to their safety when navigating the roads. If a driver breached the duty of care owed to you, causing you to sustain injuries, you could be eligible to pursue road traffic injury compensation.
In this guide, we will examine the eligibility criteria that must be met to bring forward a personal injury claim. Additionally, we will explain how long you have to begin your claim and the steps you can take to strengthen your case. Also, we will provide a table of guideline compensation brackets and explore how a personal injury solicitor could assist you throughout the claims process.
You can also speak to an advisor from our team if you want to enquire about making a personal injury claim as a pedestrian. They are available 24/7 to offer you free and confidential legal advice.
To get in touch:
Jump To A Section
- How To Make Pedestrian Road Accident Claims
- How Could A Pedestrian Road Accident Injure You?
- How Do I Prove Negligence In An Accident?
- Estimating Payouts For Pedestrian Road Accident Claims
- No Win No Fee Pedestrian Accident Claims
- Learn More About Pedestrian Road Accident Claims
The Road Traffic Act 1988 outlines the duty of care road users owe to one another to ensure their own and others’ safety when navigating the roads. Additionally, The Highway Code contains guidance and rules for road users to follow, some of which are backed up by laws.
Changes to The Highway Code were introduced on 29 January 2022. This included new rules regarding the ‘hierarchy of road users‘. This means that those at the greatest risk of injury in the event of a collision will be placed at the top of this hierarchy, such as pedestrians, cyclists or horse riders. And those who are in control of vehicles that could cause the greatest harm in an accident have the greatest responsibility to reduce the danger they could pose to others.
This could include:
- Drivers of large goods vehicles
- Passenger vehicles
However, it is important to note that this does not detract from the responsibility shared by all road users to navigate the roads with regard to the safety of others.
After explaining road user duty of care, it is important to outline the eligibility criteria that must be met for pedestrian road accident claims to be brought forward. This is as follows:
- Firstly, a road user owed you a duty of care.
- Then, they breached this duty of care.
- This breach resulted in you sustaining physical and/or psychological injuries.
This meets the definition of negligence. Once this has been established in relation to your personal injury claim, you should also consider the relevant time limits, which we will look at in the next section.
Time Limits To Claim For Accidents On The Road
You generally have 3 years to begin a personal injury claim per the Limitation Act 1980. This 3-year time limit can begin from the date of the accident in which you were injured or the date of knowledge. This is when you learned of negligence in connection to your injuries.
However, there are some exceptions that apply, for example, in cases where the injured party was under the age of 18 when the incident occurred or lacks the mental capacity to claim.
Our advisors can provide you with more details regarding these exceptions should they apply to your claim. If you would like to find out whether you could be eligible to make a personal injury claim, please speak to a member of our team.
Below we have included some examples of how you could be injured as a pedestrian in a road traffic accident:
- A road user is driving under the influence of alcohol and swerves onto the pavement. As a result, they hit you, and you suffer a disabling back injury.
- As a result of a road user driving over the speed limit, they cannot stop in time at a zebra crossing. Subsequently, they hit you, and you suffer a shoulder fracture.
- A road user ignores a red traffic light and hits you whilst you are crossing at a junction. As a result, you suffer a life-changing head injury.
If you would like to learn more about pedestrian road accident claims, please get in touch with a member of our team today.
If you have been involved in an accident, which meets the eligibility criteria to make a personal injury claim, you should gather evidence to prove negligence. This could include the following:
- Medical records
- Dashcam footage
- CCTV footage
- Photographic evidence
- A diary of your symptoms and their effect on your daily life
- Witnesses’ contact details for statements to be taken at a later date
Contact an advisor from our team for a free assessment of your case. If they find that you could be eligible to make a claim, they may connect you with one of the road accident solicitors from our panel. A solicitor can help you with the process of gathering and compiling evidence to support your claim.
The compensation awarded for successful pedestrian road accident claims could be comprised of up to two heads. Firstly, you could be awarded general damages compensation for any physical or psychological pain and suffering that your injuries caused.
We have included a table containing guideline compensation brackets below. These brackets have been taken from the Judicial College Guidelines (JCG), updated in April 2022. Personal injury solicitors working on road traffic accident claims can also use this document to help them value compensation under general damages. However, as each personal injury claim is unique, these figures are a guide, not a guarantee.
|Type of Injury||Severity||Compensation Bracket||Details|
|Injury Caused by Brain Damage||(b) Moderately Severe||£219,070 to £282,010||The injury will involve serious disability. The injured party will substantially depend on others and will need constant care.|
|Neck Injury||(a)(i) Severe||In the region of £148,330||Injuries connected to incomplete paraplegia or leading to continuing spastic quadriparesis.|
|Arm Amputation||(b) One Arm is Lost (i)||Not less than £137,160||Amputation of one arm at the shoulder.|
|Leg Injury||(b)(i) Severe||£96,250 to £135,920||An injury so severe that the compensation awarded is close to amputation level. For example, involving the extensive degloving of the leg.|
|Foot Injury||(b) Amputation of One Foot||£83,960 to £109,650||The amputation of one foot resulting in the loss of the ankle joint.|
|Back Injury||(a)(ii) Severe||£74,160 to £88,430||Cases with special features such as nerve root damage with impaired mobility, loss of sensation and further problems.|
|Hand Injury||(b) Serious Harm to Both Hands||£55,820 to £84,570||Injuries within this bracket will cause cosmetic disability, which is permanent, and significant loss of function.|
|Knee Injury||(a)(ii) Severe||£52,120 to £69,730||The person will have a leg fracture that extends into the knee joint and leads to permanent pain that is constant, alongside further problems.|
|Wrist Injury||(a)||£47,620 to £59,860||An injury that lead to the complete loss of function in the wrist.|
|Shoulder Injury||(b) Serious||£12,770 to £19,200||A dislocated shoulder and damage to the brachial plexus leading to pain, sensory symptoms, aching and weakness of grip.|
How Special Damages Could Also Compensate You
Furthermore, you may also receive special damages compensation for any financial losses that are sustained due to your injuries. This head of claim may account for losses such as:
- Travel costs
- Medical expenses
- Care costs
- Loss of earnings
- Home adaptations
It is important to note that you can collect evidence to prove these losses, such as payslips, travel tickets, invoices or bank records. This will strengthen a claim for compensation under the special damages head.
A No Win No Fee solicitor could put forward an offer to work on your claim under a Conditional Fee Agreement (CFA). This means that if your claim is lost, you typically won’t have to pay for a solicitor’s services. Additionally, you won’t make payments upfront or during the course of your ongoing claim.
However, in the event of a successful claim, your solicitor will receive a small success fee. This is a percentage taken from the compensation, which is capped by legislation.
To learn more about the benefits of using No Win No Fee solicitors for pedestrian road accident claims, please speak to a member of our team.
Contact Our Team
Our advisors can offer you a free consultation at a time that suits you best. If they find that you may have an eligible claim, they could connect you with a solicitor from our panel. To get in touch:
We have included additional guides that may prove useful when looking to make a personal injury claim:
- Can I make a pedestrian claim after being hit by a car?
- What do I need to know about road traffic accident claims
- How does the road traffic accident claims process work?
- How To Make A Car Park Accident Claim
- How To Make A Zebra Crossing Accident Claim
Additionally, we have provided further external reading:
Thank you for reading this guide on pedestrian road accident claims. If you have any questions, please get in touch with an advisor from our team.