Pedestrian Hit By A Car At A Junction – Who Is At Fault? – Road Traffic Accident Compensation Claims Guide
By Lewis Aaliyah. Last Updated 21st July 2023. If you are a pedestrian who was hit by a car at a junction, you might wonder if you could receive compensation. To be eligible to make a personal injury claim, you will need to prove that you were injured due to another road user breaching their duty of care.
Within this guide, we will discuss the duty of care road users owe one another and the personal injury claims eligibility criteria in more depth. Furthermore, we will explain the time limits you must adhere, as well as the types of evidence that could help support a pedestrian accident claim. This guide will also share some of the various benefits of making a personal injury claim with the support of a No Win No Fee solicitor from our panel.
To discuss your potential claim and receive free advice, you can contact one of our advisors. They are here to help you 24 hours a day, 7 days a week and can be reached by:
- Calling 020 3870 4868
- Using our live chat service.
- Filling out our ‘claim online’ form for a free callback.
Services And Information
- A Guide To Pedestrian Hit By A Car At A Junction Claims
- What Is A Pedestrian Hit By A Car At A Junction Accident?
- What Causes Pedestrian Accidents?
- What Is A Junction In The UK?
- Compensation Payouts After A Pedestrian Was Hit By A Car
- When Pedestrians Have The Right Of Way At Junctions
- How Much Time Do I Have To Claim For A Pedestrian Car Accident?
- If Someone Was Hit By A Car, What Evidence Would They Need To Claim?
- Can No Win No Fee Solicitors Help Me Make A Pedestrian Accident Claim?
- Other Information About Making A Pedestrian Hit By A Car Claim
If you were a pedestrian that was hit by a car, you could potentially claim for your injuries. However, you will need to prove that the driver who hit you breached their duty of care.
Road users owe each other a duty of care, including motorists, cyclists and pedestrians. Per this duty of care, they must follow the rules that are set out in the Road Traffic Act 1988 and the Highway Code to promote road safety and reduce the risks of accidents.
If a motorist were to behave recklessly on the road, such as by speeding or not checking if a junction is clear, this could result in you being hit by a car as a pedestrian. Throughout this guide, we will explain when a pedestrian has the right of way at a junction. We will share some examples of the compensation you could receive for your injury following a successful claim. Additionally, we will discuss how our panel of solicitors could represent you in your claim with a No Win No Fee agreement.
Do not hesitate to contact our friendly advisors today if you have any questions about pedestrian accident claims. Our advisors are available 24 hours a day, 7 days a week, to answer your questions and offer you free legal advice.
Different types of road traffic incidents 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 of 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.
This is because every road user has a duty of care. If you’re a pedestrian hit by a car, it could seriously affect your quality of life. If you can prove that your injury was caused by a driver breaching their duty of care, you could receive compensation due to their negligence.
I hit a pedestrian with a car, what happens to me if I have no insurance?
If you caused a pedestrian car accident, you could receive penalty points and a fine if you weren’t insured. Depending on the seriousness of the accident, you could also be prosecuted by the courts.
I hit a pedestrian with a car, what happens to them if I have no insurance?
If there was no route to compensation either directly from you or an insurer, they could still claim compensation. They could make a pedestrian car accident claim through the Motor Insurers’ Bureau.
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 personal injury compensation claim.
You can call us to see if you can make a pedestrian hit by a car claim using the above details.
My child was a pedestrian hit by a car, could I claim?
A responsible adult could make a claim for a child who was a pedestrian hit by a car. They would need to prove the accident was not the child’s fault. When compensation for a child pedestrian hit by a car claim comes through, it would usually go into a trust. The child could access the trust when they become an adult.
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 features compensation brackets for different injuries that you may potentially claim for in a pedestrian accident. The various injuries included are ones that could feature in cases involving an incident where a pedestrian is hit by a car at a junction.
These compensation brackets shown are based on the 2022 edition of the Judicial College Guidelines. The figures should be treated as estimates only as each case is assessed on its own individual circumstances. However, they are based on past claims and can give at least some indication of the compensation you may receive depending on the injuries you’re claiming for.
|Brain/Head Injury||Very Severe||The person may be able to follow some basic commands. However, they will require full-time care and show little meaningful response to their environment.||£282,010 to £403,990|
|Brain/Head Injury||Moderately Severe||The person will be seriously disabled will require constant care. They may suffer with physical and cognitive disabilities.||£219,070 to £282,010|
|Brain/Head Injury||Less Severe||A good recovery will have been made with the person being able to participate in normal working/social life. However, they may still struggle with memeory.||£15,320 to £43,060|
|Leg Injury||Loss Of Both Legs||Both legs have been amputated above the knee.||£240,790 to £282,010|
|Leg Injury||Less Serious (iii)||Simple tibia or fibula fractures or soft tissue injuries that cause minor ongoing symptoms.||Up to £11,840|
|Back Injury||Severe (iii)||Disc fractures or lesions that, despite undergoing treatment, still result in continuing pain and discomfort.||£38,780 to £69,730|
|Back Injury||Moderate (ii)||Disturbed ligaments and muscles that cause backache due to frequently encountered injuries to the back.||£12,510 to £27,760|
|Back Injury||Minor (i)||A disc prolapse, soft tissue injury, sprain or strain that fully recovers within 2-5 years.||£7,890 to £12,510|
|Neck Injury||Severe (iii)||Ruptured tendons, soft tissue damage, fractures, or dislocations that lead to a permanent significant disability.||£45,470 to £55,990|
|Neck Injury||Moderate (i)||Dislcoations or fractures that may require spinal fusion and result in immediate symptoms.||£24,990 to £38,490|
The table focuses on potential payouts to compensate for injuries you’ve received from an RTA. These are known as general damages.
What Else Can You Get Compensation For In Pedestrian Accident Claims?
Pedestrian accident claims could also include special damages, which is compensation for any financial losses caused by an injury.
To give you examples, you could request compensation for your monetary losses if:
- Your injury had left you unable to work and, therefore unable to earn
- You were spending money towards your own care or treatment
- You needed to make adaptions to your home to help you cope with your injury
If you were a pedestrian that was hit by a car and were financially affected by the injuries you sustained, please call our team to learn more about if you could be able to claim compensation for your financial losses and how to do so.
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.
To learn more about the recent changes made to the Highway Code, as of 29 January 2022, read the guidance from the Government website.
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 themselves.
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.
As discussed above, if you were injured as a pedestrian that was hit by a car, you might be eligible to claim compensation. However, you will need to provide sufficient evidence that demonstrates you were owed a duty of care, how this duty was breached, and the injuries you suffered.
Examples of evidence that could be useful when you are making a claim as someone who was hit by a car include:
- Footage of the accident. For example, from CCTV or a dashcam.
- A copy of your medical records stating the type of injury you suffered. In addition to this, you might be asked to attend an independent medical exam to help establish the severity of your injuries and what impact they are expected to have on your life.
- Witnesses’ contact details, so anyone who saw what happened can be contacted later to provide a statement.
- Photographs of the accident scene. If you or anyone else took any pictures at the scene, these could be used as evidence.
- Injury photographs. If your injuries were visible, such as lacerations or bruising, photographs of these visible injuries could be sued as evidence in your claim.
Call our advisors to learn more about pedestrian accident claims. Additionally, they could give you free advice regarding your claim.
If you are a pedestrian that was hit by a car, No Win No Fee solicitors could help you during the claims process. If they offer you a No Win No Fee agreement, they usually won’t ask for an upfront payment.
Ongoing fees are usually included in the arrangement. That’s because you’ll only pay your solicitor if the pedestrian accident claim is successfully settled. They’ll then deduct a legally capped success fee from your award settlement. However, in the event that your claim is unsuccessful, you won’t need to pay your solicitor for their work.
The pedestrian accident solicitors on our panel offer their services on a No Win No Fee basis. To get in touch, all you need to do is speak to our advisors via a free consultation. They can also answer any questions, such as, ‘I’m a pedestrian who was hit by a car – can I get compensation in the UK?’.
Below are a few ways you can contact us:
- Call our free advice line at any time on 020 3870 4868
- Complete an online claim form and we’ll be in touch
- Pop up to an online claims advisor using our free live chat service
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.
Find out how to claim compensation if you were injured by an uninsured dirver.
Other Useful Compensation Guides
- What Are Car Accident Victims’ Rights?
- Get Compensation For Nerve Damage After A Car Accident
- Cycling Accident Claims
- Could I Claim For Anxiety Caused By A Car Crash?
- As A Cyclist I Was Hit By A Car, Can I Claim Compensation?
- How Is Compensation For MIB Claims Calculated?
- A Guide On Claiming With Road Traffic Accident Solicitors
- How To Claim For An HGV Accident
- Cycle Accident Claims Guide
- Taxi Passenger Injury Claims Explained
- How To Make HGV Accident Claims
- How To Claim If Hit By A Car
- Passenger In A Car Accident Claims
- Compensation Calculator – Car Accident Claims
- How To Make A Valid Injury Claim Following A Car Accident
- I Was Hurt In A One-Way Street Crash – Can I Claim?
- Whiplash As A Passenger Injury Claims Explained
- How Long Does A Car Accident Injury Claim Take?
Do you still have any questions you’d like answering on matters such as how to claim if you are a pedestrian hit by a car at a junction? If so, you can contact our advisors here at UK Law online or via the phone by using the contact information included within this guide.