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.
Pedestrian accident claims guide
Choose A Section
- Guidance On Making Pedestrian Accident Claims
- Calculating Compensation For A Pedestrian Accident
- Explaining Pedestrian Accidents
- What Could Lead To Pedestrian Accident Claims?
- Can I Hire A Solicitor Under A No Win No Fee Agreement?
- More Information On Making Pedestrian Accident Claims
Guidance On Making Pedestrian Accident Claims
When making a claim for a pedestrian injury, a personal injury solicitor will consider three key factors to assess whether you have a valid claim. These factors include whether:
- You were owed a duty of care
- Someone breached the duty of care they owed you
- You experienced harm as a result.
Road users have a duty of care to prevent one another from experiencing harm. The Highway Code provides more information on the different responsibilities each road user has.
There are various types of road users that could be responsible for breaching the duty of care they owe, such as:
- Pedestrians
- Cyclists
- Motorcyclists
- Drivers of cars, lorries and vans
- Drivers operating on public transport
For more information on when pedestrian accident claims could be made, please get in touch using the number at the top of the page.
You can also learn about pedestrian accident statistics by looking at our research into the area here.
Calculating Compensation For A Pedestrian Accident
When working out compensation for a pedestrian accident, legal professionals often use a document called the Judicial College Guidelines (JCG).
The guidelines contain a list of injuries with corresponding compensation brackets. They are often used to calculate how much is owed for the general damages head of your claim. These compensate for the pain and suffering your injuries have caused you.
We’ve taken compensation amounts from the JCG to create the table below. Please remember that the compensation ranges featured are just a guide and aren’t necessarily reflective of what you will receive.
| Injury | Compensation Range | Notes |
|---|---|---|
| Severe Post-Traumatic Stress Disorder (a) | £59,860 to £100,670 | The person may be unable to work and all aspects of their life are badly affected. |
| (a) Severe (ii) Back Injuries | £74,160 to £88,430 | 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) | £61,910 to £78,400 | Injuries may lead to traumatic myositis ossificans with formation of ectopic bone around the hip. |
| Arm Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 | One or both forearms may suffer significant permanent residual disability as a result of a serious fracture. |
| Wrist Injuries (b) | £24,500 to £39,170 | Useful movement of the wrist remains despite significant permanent disability. |
| Severe Fractures to Fingers (f) | Up to £36,740 | Injuries could result in a disturbed sensation and deformity. |
| (c) Less Serious (i) Leg Injuries | £17,960 to £27,760 | This bracket covers serious soft tissue injuries and fractures that haven't completely healed. |
| (b) Moderate Knee Injuries (i) | £14,840 to £26,190 | Injuries include dislocations, torn cartilage or meniscus causing several issues. |
| (d) Modest Ankle Injuries | Up to £13,740 | Injuries such as minor or displaced fractures that are less serious. |
| (e) Moderate Toe Injuries | Up to £9,600 | Injuries might include fractures that are mostly straightforward. |
Another head of claim you could be compensated for is special damages. These reimburse costs, losses or expenses associated with your injuries. Subsequently, we would recommend that you keep hold of any receipts, bank statements or wage slips that could prove your expenses.
Special damages you could claim for might include:
- Medical fees
- Travel expenses
- Loss of earnings, both present and future
- Care costs
- Home or vehicle adaptions
A solicitor from our panel could help you determine what costs could be recouped as part of your claim. For more information on settlements for successful pedestrian accident claims, call our team.
Explaining Pedestrian Accidents
The Highway Code outlines the responsibilities that all road users have, including drivers, riders and pedestrians. However, there are cases where another road user might fail to uphold the responsibilities they have. As a result, pedestrians could be caused harm in different accidents.
Examples of accidents caused by another road users negligence might include:
- The driver of a car may have operated their vehicle under the influence of alcohol. As a result, they may have knocked over a pedestrian causing them to sustain a severe neck injury.
- The rider of a motorcycle may have failed to adhere to the speed limits while navigating the roads. As a result, they may have knocked over a pedestrian crossing the road on a designated crossing. The pedestrian may have sustained a broken leg as a result.
Pedestrians are among the most vulnerable of road users, particularly when they are elderly or children. If you have evidence that you have been injured due to the negligence of another road user, speak to an advisor to discuss your potential options. They can go through the pedestrian accident claims process with you and assess whether you’re eligible to seek compensation.
What Could Lead To Pedestrian Accident Claims?
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.
Can I Hire A Solicitor Under A No Win No Fee Agreement?
A 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 Making Pedestrian Accident 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.
You can also read other road traffic accident claims guides available on our website:
- How To Make A Claim After A Road Traffic Accident
- Compensation Claims When Using Cycling Accident Solicitors
- Can I Claim For An Accident On Public Transport?
- How Much Could I Get For A Bus Accident Claim?
- How To Make A Car Accident Neck Injury Claim
- Compensation Amounts For A Car Park Accident Claim
- Motorcycle Accident Claims – No Win No Fee Solicitors
- Can I Claim After I Had An Accident On Public Transport?
- Can I Claim For An HGV Accident?
- How To Claim Whiplash As A Passenger
- Maximum Car Accident Claim Payouts
- How To Make A Passenger In A Car Accident Claim
- Can I Claim For A London Taxi Accident?
- MIB Claims After An Accident With An Untraced Driver
- What To Do When Making A Fatal Car Accident Claim
- Minor Car Accident – Can I Claim?
- Compensation Amounts For A Taxi Passenger Accident Claim
- A Guide to Car Accident Claim Solicitors
- A Guide To Taxi Accident Claims
- Calculating Your Whiplash Claim Amounts
- Where Can I Find The Best Pedestrian Accident Solicitors?
- What Is The Average Settlement For A Taxi Cab Accident?
- How Do I Use A Car Accident Compensation Claim Calculator?
- How Do I Make A Back Injury Car Accident Claim?
- How Do I Make A Claim After A Car Accident?
- Can I Claim For Anxiety After A Car Accident?
- How Long Do Car Accident Personal Injury Claims Take?
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.