Information About Elderly Pedestrian Accidents And How To Claim Compensation

In this guide, we examine elderly pedestrian accidents. We look at statistics collected and published by the Department for Transport on the rate of road traffic accidents involving pedestrians and how many of these accidents involve elderly pedestrians. Additionally, we examine why older pedestrians are more vulnerable while on the roads. 

Elderly adults might have a valid claim for injuries sustained in a road traffic accident if they meet specific eligibility requirements. We explain what criteria you need to satisfy to have good grounds to launch a personal injury claim. 

If you are eligible to seek compensation, you may want to do so with the support of a road traffic accident solicitor. This guide concludes with a look at how you can have legal representation on a No Win No Fee basis. 

Direct any questions you have about pedestrian accident claims to a member of our advisory team. To discuss claiming elderly accident compensation:

  • Call 020 8050 2736
  • Request a call back by filling in our claim online form. 
  • Ask about claims for pedestrian crashes in our live chat.  

An elderly person using mobility aids on the pavement.

Select A Section 

  1. Statistics Related To Elderly Pedestrian Accidents
  2. Reasons For Increased Vulnerability In Elderly Pedestrians
  3. How To Prevent Elderly Injuries When Using The Road
  4. Who Is Liable For Elderly Pedestrian Accidents?
  5. Why Seek Elderly Accident Compensation On A No Win No Fee Basis?
  6. More Information About Claims For Elderly Pedestrian Accidents

Statistics Related To Elderly Pedestrian Accidents

Elderly pedestrians are considered vulnerable road users. In the Highway Code (rule 204), this means that they are more at risk from road traffic. 

The Department of Transport collects information and statistics on reported road casualties in Great Britain. They publish this as an annual report. There were a total of 19,272 pedestrians injured on the roads in 2022. Of these:

  • 2,032  casualties were pedestrians aged 70 or over. 
  • 6,282 pedestrians were killed or seriously injured (adjusted). Those aged 70 or over account for 1,019 of these pedestrians. 
  • 385 pedestrian fatalities. 124 of these fatalities were aged 70 or over. 

These pedestrian road accident statistics were published on 28th September 2023. They are from incidents reported to the police. 

Compensation claims for elderly pedestrian accidents are possible if certain eligibility criteria are met. We’ll cover this shortly. Alternatively, you can call an advisor from our team to discuss whether you have a valid road traffic accident claim following the pedestrian injuries you suffered.

Reasons For Increased Vulnerability In Elderly Pedestrians

Any pedestrian is considered more vulnerable than cyclists, horse riders, motorcyclists and motor vehicle drivers. This is the Hierarchy of Road Users. It means that pedestrians are more likely to be injured or suffer more severe injuries than other types of road users. Amongst these pedestrians, older adults and disabled people are considered even more at risk. One of the significant factors affecting pedestrians in road traffic collisions is their lack of a protective shell. For example, motorcycle riders may be wearing thick clothing in case they are in an accident, whereas pedestrians don’t tend to do this. 

Elderly pedestrians could be more vulnerable on the road because of:

  • Mobility problems. For example, if you are using a cane or a walker, it could take longer for you to cross the road. 
  • Health problems. Suffering from certain conditions, such as arthritis, could result in moving slower when using the road crossing. 
  • Sight issues. Even with the correct glasses, you may not be able to see properly, or you could suffer from a condition that makes it difficult to see in the dark. Additionally, you may have trouble determining vehicle speed before stepping into a crossing. If other road users aren’t looking out, you could be hit by a car. 
  • Road conditions. For example, if road surfaces are icy, you could suffer a slip and fall while crossing. 

Road traffic accidents involving pedestrians can also be caused by driver negligence. This could mean a driver fails to stop when a traffic light is on red or fails to stop at a zebra crossing, knocking over an elderly pedestrian. If you are involved in a road collision that is caused by driver negligence you could be able to make a personal injury compensation claim.

How To Prevent Elderly Injuries When Using The Road

While on the roads, the users owe each other a duty of care to navigate in a way that avoids causing injury and damage to themselves and others. As part of this duty, all road users, including elderly pedestrians, should follow any relevant guidance and regulations found in the Highway Code and the Road Traffic Act 1988

According to Rules 1 – 35 of the Highway Code, when using the roads as a pedestrian:

  • Use the pedestrian crossings
  • Stay on the pavement, or if no pavement, keep to the right-hand side of the road. 
  • Ensure you are visible, particularly in poor daylight. 
  • Find a safe place to cross 
  • Even if there is a crossing, ensure that all traffic has stopped and consider any other risk factors, such as a slippery surface, before stepping onto the road. 

Motor vehicle drivers can help keep elderly pedestrians safe by: bb

  • Driving with a reduced speed limit, especially in residential areas and near shopping centres. 
  • Giving pedestrians enough time to cross the road. 
  • Not overtaking another vehicle near a crossing. 
  • Ensuring that passenger vehicle occupants do not distract them.
  • Additionally, in slow-moving and queuing traffic, the crossings should be kept clear. 

In the next section, we examine liability for elderly pedestrian accidents and when you might have a valid claim. 

Zebra crossing filled with pedestrians.

Who Is Liable For Elderly Pedestrian Accidents?

If you suffer an injury in a road collision as an elderly pedestrian, you might have grounds to claim compensation. However, you must satisfy the eligibility requirements to file a personal injury claim. This means that you need evidence that shows:

  • You were owed a duty of care by another road user, such as the vehicle driver. 
  • There was a breach of duty by the vehicle driver for example, they were speeding 
  • You sustained an injury because of this breach i.e. the driver could not stop in time as you were crossing the designated crossing due to speeding. This caused them to collide with you on the crossing. 

However, if it was you who breached the duty of care, you might not be eligible to make a compensation claim. Alternatively, if both you and the driver were deemed at fault, you might have to make a split liability claim. This is when you will receive a reduced compensation amount reflecting your fault in the accident. 

Can I Claim On An Elderly Person’s Behalf?

Generally, you have three years from the date of the accident to launch a personal injury claim. This is set by the Limitation Act 1980

However, there are some exceptions to this, including when an injured party lacks the mental capacity to manage their own claim. In these cases, a litigation friend can be appointed by the court to file a pedestrian accident claim on their behalf.

A litigation friend can launch a claim on behalf of the injured person with reduced mental capabilities for as long as they are without the mental capacity to manage the claims process themselves. Should the injured party recover their mental capacity, and no claim has been made by a litigation friend, then they would have three years from that date to file a personal injury claim. 

If you have any questions about the eligibility criteria or time limit to claim for elderly pedestrian accidents, contact one of our team members. 

Why Seek Elderly Accident Compensation On A No Win No Fee Basis?

If you are eligible to launch a pedestrian injury claim, you may wish to have the support of a pedestrian accident solicitor during the claims process. One of the No Win No Fee solicitors from our panel could help with your claim. Generally, our panel provide their No Win No Fee service under a Conditional Fee Agreement (CFA)

Under the terms of a CFA, your solicitor:

  • Doesn’t ask you to pay for their services upfront. 
  • Won’t take ongoing payments. 
  • Will not expect to be paid for their work on your claim if it fails. 
  • Only takes a small percentage of your award as a success fee if your claim is successful. This percentage is legally limited. 

Contact a member of our advisory team to discuss claiming compensation for an elderly pedestrian accident. Additionally, if you meet the eligibility requirements, you can be connected to one of the personal injury solicitors from our panel. 

To talk about elderly accident compensation:

  • Call 020 8050 2736
  • Request a call back by filling out our claim online form. 
  • Ask about pedestrian accident claims in our live chat. 

A solicitor and client shake hands after discussing claims for elderly pedestrian accidents.

More Information About Claims For Elderly Pedestrian Accidents

Further guides about personal injury claims:

External websites that might be useful:

If you need any further information about claims for elderly pedestrian accidents, speak to one of our team members.