By Cat Gosling. Last updated 17th September 2024. This guide will explore the pedestrian accident claims process to help you understand whether you’re eligible to seek compensation. As a pedestrian, you are owed a duty of care by other road users but there are cases were the duty of care may have been breached. This could have caused you to sustain physical or psychological harm. In these cases, you may be eligible to make a road traffic accident claim.
You might have questions, such as:
- Can you claim against a pedestrian?
- Could you make a pedestrian claim against a cyclist?
- Is it possible to make a pedestrian claim against a driver?
In this guide, we have aimed to answer all of the above questions. Furthermore, we have included an alternative to a pedestrian accident compensation calculator to give you an estimate of what you might receive following a successful personal injury claim.
This guide has also looked at the different steps you could take to support your case, such as the evidence you can gather and seeking legal advice.
If you need any additional information whilst or after reading, you can get in touch by:
- Calling the number above
- Using our live chat feature below
- Filling out our online contact to request a call back.
Choose A Section
- Who Can Make Pedestrian Accident Claims?
- Is There An Average Settlement For A Pedestrian Hit By A Car?
- What Are The Main Causes Of Pedestrian Accident Claims?
- How Do I Prove My Pedestrian Accident Compensation Claim?
- Claim Compensation With No Win No Fee Pedestrian Accident Lawyers
- More Information On Pedestrian Injury Claims
Who Can Make Pedestrian Accident Claims?
To make a pedestrian accident claim, you need to be able to prove that:
- You were owed a duty of care
- This duty was breached
- You were injured as a result
But what exactly is a duty of care, and how could it affect you? A duty of care is generally a legal responsibility for someone else’s health and safety, and this is owed to all road users by all road users.
This means that everyone using the roads needs to do so in accordance with the Road Traffic Act 1988 and the Highway Code. However, if they don’t do this, causing an accident that injures you, then you may be eligible to make a pedestrian injury compensation claim.
For example, if you are walking across a pedestrian crossing at the appropriate time, but a car speeds through a red light and hits you, then you could potentially claim pedestrian accident compensation. However, if you walked across a motorway and got hit by a car, you’d be unlikely to qualify for compensation, as you would be breaching your duty of care to other road users.
Contact our helpful team of advisors today to find out if you could be eligible to make a claim. Alternatively, you can keep reading for more information on claiming as a pedestrian.
Is There An Average Settlement For A Pedestrian Hit By A Car?
There is no average settlement in pedestrian accident claims, as the circumstances in every claim are unique. However, we can tell you how compensation would be calculated if your claim is successful.
There are two heads of claim which could potentially make up your compensation – these are called general and special damages. While general damages will definitely be awarded if your pedestrian accident claim is successful, special damages only might be awarded.
General damages provides compensation for the way your pedestrian accident has physically and mentally affected you. As such, these factors are just some that will need to be looked at:
- The severity of your pain.
- How long your recovery period is, if a full recovery is possible.
- Loss of amenity.
Legal professionals often use a document called the Judicial College Guidelines (JCG) while calculating general damages.
The JCG contains guideline compensation brackets for a variety of different injuries and illnesses.
Guideline Compensation Table
In the table below, you can find some types of injuries from the JCG that a pedestrian could potentially suffer after a road traffic accident. You can also find their accompanying guideline compensation brackets.
Please remember that the compensation brackets featured below are just a guide and aren’t necessarily reflective of what you will receive. The top figure is also not from the JCG.
| Injury | Compensation Range | Notes |
|---|---|---|
| Multiple Severe Injuries And Special Damages | Up to £500,000+ | A combination of multiple severe injuries and financial losses, like the cost of travel |
| Severe Post-Traumatic Stress Disorder (a) | £73,050 to £122,850 | The person may be unable to work and all aspects of their life are badly affected. |
| (a) Severe (ii) Back Injuries | £90,510 to £107,910 | Cases in this bracket have special features such as damage to the nerve root associated with various issues. |
| (a) Severe Injuries to the Pelvis and Hips (ii) | £75,550 to £95,680 | Injuries may lead to traumatic myositis ossificans with formation of ectopic bone around the hip. |
| Arm Injuries Resulting in Permanent and Substantial Disablement (b) | £47,810 to £73,050 | One or both forearms may suffer significant permanent residual disability as a result of a serious fracture. |
| Wrist Injuries (b) | £29,900 to £47,810 | Useful movement of the wrist remains despite significant permanent disability. |
| Severe Fractures to Fingers (f) | Up to £44,840 | Injuries could result in a disturbed sensation and deformity. |
| (c) Less Serious (i) Leg Injuries | £21,920 to £33,880 | This bracket covers serious soft tissue injuries and fractures that haven't completely healed. |
| (b) Moderate Knee Injuries (i) | £18,110 to £31,960 | Injuries include dislocations, torn cartilage or meniscus causing several issues. |
| (d) Modest Ankle Injuries | Up to £16,770 | Injuries such as minor or displaced fractures that are less serious. |
Special Damages
Special damages provides compensation for the way your pedestrian accident has financially affected you. Here are some types of financial losses you may suffer after a pedestrian accident:
- Loss of earnings if you have needed time off work to recover from your injuries.
- The cost of mobility aid, such as a wheelchair, a stairlift, etc.
- Travel expenses to go to hospital appointments.
Since special damages is not guaranteed to be awarded if your pedestrian accident claim is successful, you must provide evidence of your financial losses. Such evidence includes travel tickets, payslips, invoices, and receipts. To potentially connect with a pedestrian accident lawyer today, please contact us.
What Are The Main Causes Of Pedestrian Accident Claims?
As we’ve already established, you need to be able to prove that negligence occurred in order to make a pedestrian accident claim. For example, this could look like:
- A driver speeding around a corner and hitting you as you are walking across a zebra crossing, causing you to suffer severe head and back injuries
- An uninsured driver hits you, causing multiple fractures, and speeds away from the scene in a hit-and-run.
- A cyclist using the pavement instead of the cycle lane runs over your foot, fracturing your toes and causing soft tissue damage.
If you are unsure whether or not you can claim compensation, contact our friendly team today. They can answer any questions you might have about the pedestrian accident claims process.
You can also head here to learn more about the different types of pedestrian accidents.
How Do I Prove My Pedestrian Accident Compensation Claim?
Pedestrian accident claims must be substantiated with evidence that can prove what happened and who was to blame. For example:
- Photographs of the accident scene and your injuries
- A police report, if applicable
- CCTV footage of the accident occurring, or footage from dash cam devices
It is also important for you to seek medical attention upon sustaining your injury. Your medical records can provide details on your injuries which can help when valuing how much compensation you’re owed.
Additionally, a personal injury lawyer from our panel could help arrange a private medical assessment for you. This can help to determine the full extent of your injuries, including the long term impact they may have had.
Furthermore, they could make sure the assessment is near to you, so that you do not have to travel far.
To find out more about how a solicitor from our panel could help with pedestrian accident claims, get in touch using the number above.
Claim Compensation With No Win No Fee Pedestrian Accident Lawyers
A pedestrian accident lawyer offering No Win No Fee services could help you through the process of making pedestrian accident claims. Lawyers who offer these services may offer you a Conditional Fee Agreement (CFA).
Our panel of personal injury lawyers can represent your claim on this basis. As such, you won’t pay:
- Upfront fees or any fees during the process of your claim
- A success fee if your claim fails
For claims that have a successful outcome, you will need to pay a success fee from your compensation. This fee is outlined in more detail in the CFA you sign before your claim proceeds.
To find out whether a solicitor from our panel could represent your claim on this basis, see the section below for our contact details.
Get Advice On Making Pedestrian Accident Claims
In this guide, we’ve gone through the pedestrian accident claims process, but you may still have questions. To receive free legal advice you can contact our team through the following methods:
- Call us using the phone number at the top of this page
- Write to us via our live chat function on the right-hand side of your screen
- Contact us by filling out the online form to arrange for our advisors to call you back
More Information On Pedestrian Injury Claims
Below, we have shared some additional resources for further reading:
- Road safety – The Royal Society for the Prevention of Accidents offer guidance for using roads safely.
- Rules for pedestrians – The Highway Code gives guidance on navigating the roads as a pedestrian.
- Head injury and concussion – NHS guide on what to do if you suffer a head injury or concussion
That concludes our guide on making pedestrian accident claims. If you would like more information, or are ready to take action, our team is available 24/7 to help you.
