Have you been involved in a pedestrian crossing accident that was somebody else’s fault? If so, you could be entitled to make a road traffic accident claim. However, there are certain criteria that your claim must meet in order to be valid. This guide could help you understand when you might be eligible to seek compensation.
Additionally, you may have questions such as ‘how much compensation may I be owed after a pedestrian road traffic accident?’. This guide will explore the compensation that could make up your potential settlement as well as how it’s calculated.
Furthermore, we will explore the road traffic accident claims process by looking at the steps you can take following an accident that has caused you harm.
Please continue reading for more information. However, if you would prefer to speak to a member of our team, you can. They offer free legal advice 24/7. To get in touch:
- Call 020 8050 2736
- Use our live chat feature below
- Fill out our online contact form to request a call back.
Pedestrian crossing accident claims guide
Choose A Section
- Guidance On How To Make A Pedestrian Accident Claim
- Calculating Compensation For A Pedestrian Crossing Accident Claim
- What Are Pedestrian Accidents?
- What Evidence Could I Collect To Support A Pedestrian Crossing Accident Claim?
- When Could I Appoint A No Win No Fee Solicitor?
- More Information On Making A Pedestrian Crossing Accident Claim
Guidance On How To Make A Pedestrian Accident Claim
A pedestrian is a type of road user that is considered as more vulnerable. Elderly pedestrians and child pedestrians are particularly vulnerable to any potential dangers on the road. As a pedestrian, you are owed a duty of care from other road users, including drivers and cyclists.
Additionally, you are expected to act in a way that does not put others on the road at risk. For example, a pedestrian may access 5 crossing points to ensure they are crossing the road safely. These are zebra, puffin, toucan, pelican, and pegasus crossings.
In order to make a pedestrian crossing accident claim, you must prove that you were:
- Owed a duty of care
- Somebody breached the duty of care they owed you
- You suffered harm due to the breach. This can include physical and psychological harm.
These are the three criteria of negligence. If you suffered harm due to another road user’s negligence, you may be able to seek compensation. To find out more, get in touch on the number above.
Calculating Compensation For A Pedestrian Crossing Accident Claim
If you make a successful claim for harm you sustained in a pedestrian crossing accident, your settlement could be made up of two heads of claim. They are called general damages and special damages.
General damages account for any pain and suffering, either physically or mentally, that is caused as a result of the injuries you sustained.
We have compiled a table using figures from the Judicial College Guidelines (JCG) using examples of potential payouts for pedestrian accident claims.
The JCG is a document that legal professionals use to help them value the general damages head of claim. However, with each personal injury claim being unique, these figures should only be used as guidance.
| Type of Injury | Guideline Compensation Bracket | Details |
|---|---|---|
| Head | £219,070 to £282,010 | (b) Moderately Severe: The person will have a very serious disability. They will need constant care and will depend on others substantially. |
| Back | £91,090 to £160,980 | (a) Severe (i) The person will experience pain and disability with a combination of other issues due to spinal cord and nerve root damage. |
| Neck | In the region of £148,330 | (a) Severe (i) A neck injury linked with incomplete paraplegia or causing permanent spastic quadriparesis. |
| Leg | £96,250 to £135,920 | (b) Severe (i) Injuries in this bracket include fractures that haven't united and have required extensive bone grafting. |
| Leg | £9,110 to £14,080 | (c) Less serious injuries (ii) A simple femur fracture that causes no articular surface damage. |
| Foot | £83,960 to £109,650 | (b) The amputation of one foot resulting in the loss of the ankle joint. |
| Foot | Up to £13,740 | (g) Metatarsal fractures of a simple nature and puncture wounds are included in this bracket. |
| Other arm | £39,170 to £59,860 | (b) A permanent and substantial disability is caused by injuries in this bracket. For example, a forearm that is seriously fractured. |
| Shoulder | £19,200 to £48,030 | (a) Severe: Injuries to the neck associated with brachial plexus damage. |
| Elbow | £15,650 to £32,010 | (b) Less severe: Injuries involving impairment of function but not requiring major surgery or causing significant disability. |
In addition, special damages compensate you for any financial losses incurred as a result of the injury you sustained. For example, you may have to make home adaptations if a road traffic accident leads to permanent injuries. If so, you could claim back the cost of the home adaptations under special damages.
Other financial losses that special damages may cover include but are not limited to:
- Care costs
- Medical costs
- Loss of pay
You should keep a record of all monetary losses in order to be reimbursed for them. This can be done through receipts, invoices or bank statements, for example.
If you would like more information on the compensation you could be owed after suffering harm in a pedestrian crossing accident, do not hesitate to get in touch.
What Are Pedestrian Accidents?
Road users owe one another a duty of care as per the Road Traffic Act 1988. This means they are expected to navigate the roads in a way that reduces the risk of others being caused harm. Alongside this, the Highway Code provides guidance and rules for each type of road user, some of the rules are backed elsewhere in law.
However, there may be instances where another road user fails to uphold their duty of care, causing you to sustain harm in an accident.
We have provided you with some examples of how pedestrian crossing accidents may occur:
- You might be crossing at a zebra crossing, and a speeding car may fail to stop in time and run you over, resulting in you sustaining a broken leg.
- You may have pressed the lights to ensure it was safe to cross at a designated pedestrian crossing, but a car driver fails to stop at a red light. As a result, they may knock you over causing you to sustain a severe back injury.
- You could be crossing at a toucan crossing, and a van driver may be on their phone and fail to see you. Consequently, the vehicle collides with you, which sees you suffer a severe neck injury.
If you have been involved in a pedestrian road traffic accident and would like to find out whether you are eligible to make a claim, get in touch with our team of advisors today.
What Evidence Could I Collect To Support A Pedestrian Crossing Accident Claim?
When sustaining an injury, the first port of call should always be seeking medical attention. Not only would this allow you to get any medical attention that you may need. It also generates medical records that can be used as evidence.
Additionally, you could:
- Request CCTV footage of the incident
- Take pictures of the scene of the accident and/ or the injuries you suffer as a result of the road traffic accident.
- Seek legal advice
As previously mentioned, our team of advisors can offer free legal advice and could provide you with more information on the type of evidence you can acquire to support your pedestrian crossing accident claim. Furthermore, they may connect you with a solicitor from our panel.
When Could I Appoint A No Win No Fee Solicitor?
Our panel of car accident claims solicitors work on a No Win No Fee basis. As such, they could offer their services under a Conditional Fee Agreement (CFA).
This type of agreement means that you don’t have to pay for the services your solicitor provides if your claim is lost. Although if your case is won, you will have to pay your solicitor a legally capped success fee. This will be deducted from your compensation.
Get Advice On Making A Pedestrian Crossing Accident Claim
To find out whether a pedestrian accident solicitor from our panel could represent your claim, you could speak with an advisor from our team. They can also answer any further questions about your potential pedestrian crossing accident claim.
For more information, you can:
- Call 020 8050 2736
- Use our live chat feature below
- Fill out our online contact to request a call back.
More Information On Making A Pedestrian Crossing Accident Claim
Here we have included some further reading related to pedestrian crossing accidents:
- Think! – Facts about road safety laws
- The Highway Code – Rules for pedestrians
- The Royal Society for the Prevention of Accidents – Road safety
- Compensation amounts for a car park accident claim
- Can I claim for anxiety after a car accident?
- How to claim for whiplash as a passenger?
Thank you for reading our guide on whether you could claim following a pedestrian crossing accident. Contact us for more information on the number above.
Writer Beck Patcher
Editor Meg McDonald