Pedestrian Hit By A Car At A Junction – Who Is At Fault? – Road Traffic Accident Compensation Claims Guide
What To Do If You’re Hit By A Car As A Pedestrian
One of the potential dangers facing a pedestrian is being hit by a car at a junction. If this has happened to you, then you could claim compensation if the driver of the vehicle is to blame. Pedestrians are particularly vulnerable compared to other road users if they are involved in a road traffic accident (RTA).
In this guide, we explain what you need to know about making a compensation claim if you are a pedestrian hit by a car at a junction. We’ll look at the different circumstances which can influence this type of claim. We also look at how you can get the right specialist help from us to support your claim.
Get In Touch With Our Team
Looking for free legal advice or other support for a personal injury claim? You can get in touch with our advisors here at UK Law. They can provide free specialist advice on your road traffic accident claim. They should be able to help if you are specifically claiming following an accident at a junction.
UK Law can also provide support on different types of personal injury claims. If you have any questions about making a compensation claim, then we are happy to help. You can contact us online via our chat function or our online claim form. You can also contact us by phone if you call 020 3870 4868
Services And Information
- Everything You Need To Know About Claims As A Pedestrian Hit By A Car At A Junction
- What Is A Pedestrian Hit By A Car At A Junction Accident?
- What Causes Pedestrian Accidents?
- What Is A Junction In The UK?
- Calculating Compensation For A Pedestrian Hit By A Car At A Junction
- When Pedestrians Have The Right Of Way At Junctions
- Accidents When Crossing The Road
- Hit And Run Pedestrian Accidents
- How Much Time Do I Have To Claim For A Pedestrian Accident?
- I Was Hit By A Car As A Pedestrian At A Junction; What Should I Do?
- Do You Handle Claims For A Pedestrian Hit By A Car At A Junction On A No Win No Fee Basis?
- Contact Us For More Help
- Other Information
- FAQs About Pedestrian Accident Claims
Pedestrians are more vulnerable to the effects of a collision compared to road users in a car or other type of vehicle. While cars have seatbelts, airbags and other protections against collisions, pedestrians have no real form of protection. Therefore, severe injuries which can be long lasting or even permanent or fatal are a real possibility for pedestrians.
The compensation paid out to pedestrians if they are hit by a car at a junction can be very large. The injuries the claimant has suffered could require extensive medical treatment. They could also force the claimant to stay off work for a long time, potentially causing substantial loss of earnings. Read on to learn more about how this type of road accident can occur. We’ll also look further into how compensation claims can be made if you’re hit by a car at a junction as a pedestrian.
Different types of road traffic accidents can occur at junctions. For instance, they can involve two or more vehicles. All vehicles involved may be moving or one vehicle may accidentally hit another which was stationary at the time. A vehicle could also accidentally hit an object like a signpost or tree by a junction. Cyclists can also use junctions and get caught up in a road accident on this type.
Pedestrians can also be found around junctions. They may cross over them to get to a destination. A junction accident can easily involve a pedestrian being hit by a car if the vehicle’s driver or the pedestrian involved doesn’t pay enough attention to their surroundings.
Vehicle drivers have a responsibility to be aware of pedestrians. This is so important because of how vulnerable to potential injuries pedestrians are compared to other kinds of road users. If a car driver hits a pedestrian at a junction or elsewhere, they could be judged to have acted negligently.
Pedestrian accident statistics
According to statistics from the Department for Transport (DfT), pedestrians accounted for 27% of all UK reported road fatalities that occurred in 2019.
In the graph above, you can see how pedestrians were impacted by road traffic accidents in 2019. 470 pedestrians were killed in RTAs during the year. This represented a 3% increase compared to 2018 when 456 pedestrians died in road accidents.
The graph also includes adjusted and unadjusted figures for all pedestrians killed or seriously injured in road accidents. The adjusted figure reflects DfT revisions on how injuries from road accidents are judged to be severe.
Road traffic accidents can involve pedestrians in many places besides junctions. They can happen on different areas of the roads. They can involve different types of vehicles besides cars. Cyclists and pedestrians can potentially be in a road accident together too.
The reasons for pedestrian accidents can vary. A lack of attention from the driver or cyclist who hits a pedestrian can be the reason. In some cases, a lack of attention from the pedestrian can be viewed as a contributing factor. A driver who is speeding or driving dangerously in another way can also cause a pedestrian accident.
Even if they are not at fault, it is not always easy for a pedestrian to claim compensation when involved in a road traffic accident. Establishing that someone else’s actions were the main cause of the accident can be tricky. That especially applies if there are no witnesses or video evidence of the accident. Still, if you are a pedestrian hit by a car at a junction, and it wasn’t your fault, it is always worth exploring the possibility of a compensation claim.
To find out if you could claim, get in touch with our advisors. They’re available 24/7 and offer free legal advice.
Something which may not be clear is how a road accident is judged to have happened at a junction. In simple terms, a junction is where two or more roads meet together. They may also be referred to as crossroads. Many kinds of junctions exist and the rules vary in terms of how each one should be negotiated by road users. The different junctions you can find on UK roads include the following:
Unmarked/uncontrolled junctions do not have any give way signs, stop signs or junction lines. They are usually found in quieter locations within the countryside or residential back streets. In many cases, no driver has priority status at an unmarked junction. Therefore, good judgement of what you think other drivers will do at this type of junction is needed.
Marked junctions feature a give way or stop line. This indicates which road users have priority at this junction. The road given priority is considered the major road, while the other is the minor road. If a minor road connects to just one side of the major road, then it is known as a T junction.
Multi-lane marked junction
While some marked junctions can be small and single lane, they can also be much larger and feature multiple distinct lanes. Which lane a driver picks typically depends on which direction they want to travel in.
Controlled junctions feature traffic lights that manage the flow of traffic. They are more likely to be seen around busy roads which get a lot of traffic every day.
Box junctions feature a yellow box with criss-cross lines in the area where the connected roads cross together. These junctions are used in busy areas and the yellow box is included to aid the flow of traffic.
Like with other junctions, a staggered junction sees a minor road meet a major road. The difference is that the minor road does not continue directly opposite the major road. Instead, the two points where the minor road meets the major road are offset by a short distance.
A Y junction is shaped similar to the letter it’s named after. A typical Y junction will have a major road that goes straight ahead and a minor road that joins up with it from the left or right at an acute angle.
D junctions are not a common sight on UK roads. They are essentially a T junction that divides or splits at the end. Double junction lines and give way markings can be incorporated to aid the flow of traffic.
If you are making a compensation claim after being hit by a car at a junction, there are certain questions likely to come to mind. One of them is potentially along the lines of ‘How much compensation will I receive?’ The amount of compensation a pedestrian receives if they are hit by a car can vary wildly. A lot of different factors have to be taken into account. The injuries suffered because of the accident, the severity of them and financial losses created as a direct result are all taken into account.
The compensation table below demonstrates potential payouts for injuries you may have suffered in your accident. The injuries included are ones that can feature in cases involving a pedestrian hit by a car at a junction.
|Brain/Head Injury||Very Severe||£264,650 to £379,100|
|Brain/Head Injury||Moderately Severe||£205,580 to £264,650|
|Brain/Head Injury||Less Severe||£14,380 to £40,410|
|Brain/Head Injury||Minor||£2,070 to £11,980|
|Back Injury||Severe||£36,390 to £151,070|
|Back Injury||Moderate||£11,730 to £36,390|
|Back Injury||Minor||Up to £11,730|
|Neck Injury||Severe||£42,680 to in the region of £139,210|
|Neck Injury||Moderate||£7,410 to £36,120|
|Neck Injury||Minor||Up to £7,410|
|Leg Injury||Loss Of Both Legs||£225,960 to £264,650|
|Leg Injury||Less Serious (Simple Fractures to Tibia or Fibula or Soft Tissue Injuries)||Up to £11,110|
The table focuses on potential payouts to compensate for injuries you’ve received from an RTA. These are known as general damages.
Special damages could possibly be added as part of your compensation. Special damages compensate you for financial losses such as loss of earnings. They can also account for expenses that have been accumulated for healthcare or travel that has occurred as a result of your injuries.
A question that might be relevant to your accident claim is ‘When do pedestrians have right of way at a junction?’ The Highway Code has rules for drivers and pedestrians regarding who has priority in certain situations. If a pedestrian has begun crossing a road at a junction and a driver wants to turn into that same road, then the driver should give way. That’s because the pedestrian has priority in that particular scenario.
There are some other situations where pedestrians are given priority. At a signal-controlled pelican crossing, a driver must give way to pedestrians crossing if they are doing so while the amber light is flashing. Drivers obviously have to give way if the light is red too. Drivers must also give way to pedestrians when they move onto a zebra crossing.
If you are making a compensation claim as a pedestrian hit by a car at a junction, you may be more likely to succeed if you can establish that you were hit while exercising your right of way.
However, a driver could still be blamed for hitting a pedestrian even if they had right of way at the time it happened. Pedestrians are more vulnerable in road accidents.
Ultimately, how the actions and behaviour of each individual involved are assessed may determine how a case is decided. It could be ruled that the one who had right of way could have done more at the time to prevent the accident. It depends on the specific circumstances of an accident.
As a pedestrian, you can be vulnerable to accidents when crossing the road, whether that’s at a junction or another section of the road. In theory, you’re more protected from this risk when you’re using pedestrian crossings which clearly give you the right of way.
Also, if you’ve already started crossing a junction before a car comes to turn into the same road, you have right of way and the car should wait for you. Unfortunately, these rules aren’t a guarantee that you won’t get hit by a vehicle while crossing the road.
To minimise your chances of being in an accident, or to avoid being blamed if you are hit, you should act as responsibly as possible while crossing the road. If you failed to check for traffic properly because you were distracted, it could be that you will be partially responsible for the accident. This could affect your claim. The same outcome can apply if you cross the road in a hazardous place, such as in-between parked cars.
By law, when a vehicle hits a pedestrian in a road accident, the driver should not immediately leave the scene. Instead, if they’re able to, they should check on the condition of those involved. The driver and pedestrian should also exchange contact details (if possible).
In some instances though, a driver will, unfortunately, choose to leave the scene quickly without giving their information. This is known as a hit-and-run and it’s illegal.
If, as a pedestrian, you’re hit by a hit-and-run driver, it can potentially prove more difficult to claim compensation against them. This is especially the case if the driver can’t be traced after the incident. If a hit-and-run driver remains untraced, you can still make a compensation claim for your accident.
You should submit your claim to the Motor Insurers’ Bureau (MIB). This organisation exists to give compensation to people who are involved in RTAs caused by uninsured or untraced drivers. A solicitor can help you with your application and collecting evidence.
If you’d like free legal advice from our advisors, get in touch on the number at the top of the page. They can help you understand what an MIB claim might involve.
If you are thinking of making a pedestrian accident claim, you’re likely to have questions about the process. One of your questions could be how much time you have to start your claim. Most of the time, you have three years to start your accident claim. The time limit starts from the day of your injury or the day you obtained knowledge that negligence at least contributed to your injury.
We recommend that you try and start your pedestrian accident claim as soon as possible. Three years may sound like a long time. However, preparing a road accident claim can be complex and time-consuming.
In certain circumstances, the three-year time limit for making a claim can be affected. If a child is involved in a pedestrian accident, then the three-year limit is frozen. Any pedestrian under the age of 18 who gets hit by a car can’t make a claim themself.
However, a representative can start a claim on behalf of a claimant before they reach 18. This is known as a litigation friend, and they could possibly be a parent or guardian of the claimant. Alternatively, the pedestrian could start a claim on their own behalf when they are 18 or older. The standard three-year time limit activates from the claimant’s 18th birthday.
The three-year time limit is also frozen if a claimant doesn’t have the mental capacity to claim on their own behalf. The time limit only starts when the pedestrian’s mental capacity recovers enough that they can reasonably make a claim. A claim could possibly be started before the pedestrian recovers by a litigation friend.
If you’ve been a pedestrian hit by a car at a junction, you could have many questions about what you should do. Your first priority when the accident has just happened should be to get the medical care you need. Road accidents can cause a lot of harm to pedestrians. So you should make sure you get the necessary treatment whatever your injuries may be. You should obtain evidence of all the medical treatment you do receive. This could help when making your compensation claim later.
When you have sufficiently recovered from your injuries, you should start collecting evidence from the accident. You shouldn’t rush this before you’ve recovered from your injuries. It is best though to start collecting evidence as soon as realistically possible. Types of evidence you could gather to support your claim can vary. It could include witness contact details, CCTV footage or photos.
After you’ve collected evidence, you could then choose to contact a solicitor who should be able to help start your claim. We highly recommend you choose a solicitor with experience in working on claims involving pedestrians hit by cars. Your chosen solicitor will review the details of your accident and evidence. They should be able to determine if your case is likely to succeed. They should also guide you through all the required steps if your claim goes ahead.
If you sign a contract with a solicitor from our panel on a No Win No Fee basis, you receive certain guarantees:
- One of the benefits of signing this type of contract is that you will not need to pay solicitor fees upfront.
- There should also be no need to pay any solicitor fees while your claim is in progress either.
- If your case is unsuccessful, then you won’t need to pay your solicitor’s legal fees.
- You only need to pay your solicitor fees if you win your case.
To cover their payment, your solicitor will take a small percentage from the compensation you’re awarded. This is typical practice when signing a No Win No Fee agreement and it’s capped by law.
If you are looking for more info or support on your personal injury claim, then we can help you. You can contact UK Law online or by phone for free legal advice. Our advisors should be able to answer any question you may have about pedestrian accident claims. So feel free to contact us by:
You can check out the sources below for more information and other resources related to pedestrian crossings and accidents:
You can read the sections of The Highway Code online which cover rules for pedestrians.
This page gives you easy access to all the road accident and casualties statistics compiled by the Department for Transport.
To aid with increasing road safety, local councils can consider requests for new pedestrian crossings. If you’re interested, you can request a pedestrian crossing using the government page liked just above.
What is the most common type of collision at junctions?
Statistics from the Department for Transport (DfT) indicate that the most common junction collisions are ones caused due to a failure on the part of the driver to pay due care and attention before pulling out. This can happen due to impairment or impatience on the driver’s part.
Is a driver always at fault when hitting a pedestrian?
When a driver and pedestrian are involved in an accident, the circumstances can vary. The actions and the behaviour of both the driver and pedestrian have to be factored in when determining who was at fault.
What kind of injury can you get from getting hit by a car from the side?
A pedestrian who is hit from the side by a car can suffer a wide variety of different injuries. They can range from minor cuts and sprains to more severe injuries including ones that could be life-threatening.
What is it called when a car hits you from the side?
If you’re in a vehicle and hit by a car from the side, it could be a side collision or T-bone accident. It’s considered a side collision if you are hit by the side of the other vehicle. If your side is hit by the front or back of a vehicle, that is considered a T-bone accident.
Thanks for reading our guide on making a claim if you are a pedestrian hit by a car at a junction.
Checked by HT