Pedestrian Accident Claims Guide

By Jade Maine. Last Updated 30th September 2024. If you’ve been injured in a pedestrian accident, such as being hit by a car, you may want to learn about your legal rights. 

If so, you’ve found the right place. In this guide, we discuss pedestrian accident claims in comprehensive detail. We discuss how such incidents can occur and the criteria for making a personal injury claim.

We also provide details on potential compensation payouts and how you can take legal action  and make a road traffic accident claim on a No Win No Fee basis.

While money can rarely make up for what you can potentially lose in a car accident, compensation can help your life return to normality.

If you’d like to make a personal injury claim, we can help. We offer everyone who gets in touch a free case check and compensation estimate without any obligation to proceed. Our aim is to provide quality legal advice that you can trust.

To chat with us, you can:

• Call us on 0800 073 8804
• You can write to us about your case here
• Or chat with us now using our live chat service

Select A Section:

• Can A Pedestrian Make A Claim If Hit By A Car?
• What Are The Causes Of Pedestrian Accidents?
• I Was Hit By A Car As A Pedestrian – What Do I Do?
• Claiming Compensation For A Hit And Run
• Compensation Payouts In Pedestrian Accident Claims
• No Win No Fee Pedestrian Accident Claims
• Learn More About Personal Injury Claims

Can A Pedestrian Make A Claim If Hit By A Car?

A pedestrian can make a pedestrian injury claim if they’ve been hit by a car if they can prove that negligence has occurred. Negligence means when a breached duty of care causes an injury.

All road users owe each other a duty of care. This means that they need to act in a way that minimises harm to themselves and others while on the road. To uphold this duty of care, road users must comply with the rules in The Highway Code and the Road Traffic Act 1988. Further down this guide, we look at some examples of how a road user’s duty of care could be breached.

As such, here is the pedestrian accident claims eligibility criteria:

1. A road user owed you a duty of care, such as a driver.
2. The road user breached their duty of care by using the roads negligently, for example, a driver was speeding.
3. You were injured as a result of this breached duty, for example, you were hit while crossing a road due to this speeding driver unable to come to a stop in time.

If you can show that you meet each of the criteria above, then please contact us today. An advisor can tell you for free whether you’ll be able to connect with a pedestrian accident lawyer.

How Long Do I Have To Claim Compensation?

You’ll usually have three years to start a pedestrian injury claim, starting on the day of the accident. Your claim doesn’t need to be resolved in this time period; it just needs to be started, as per the Limitation Act 1980. However, there are some exceptions to this rule.

For example, if you are claiming compensation for a hit and run on behalf of a child, you have until they turn eighteen to make a claim as their litigation friend. If you haven’t started a claim by their eighteenth birthday, they will have three years to claim for themselves.

The time limit does not apply to those who do not possess the needed mental capacity to make their own claim. In these cases, a litigation friend can make a claim on their behalf at any time. If they regain the needed capacity, they’ll have three years to start a claim from the date of their recovery.

To find out if you are within the time limit for pedestrian accident claims, get in touch with our friendly advisors today.

Can I Make A Pedestrian Accident Claim On Behalf Of A Child?

There is an exception to the time limit if the claimant is a child. This exception means that the time limit will be paused until the child’s 18th birthday.

Within this time, while the time limit is paused, a litigation friend may be assigned to make the pedestrian accident claim on behalf of the injured child. If you are a parent, you may apply to be a litigation friend for your child if needed.

However, if a claim has not been made on behalf of the child by the child’s 18th birthday, then the usual time limit will start from this date, meaning that the claimant will have until their 21st birthday to initiate their own legal proceedings.

The time limit is also suspended for those who lack the mental capacity to claim for themselves. To learn more about the exceptions to the time limit, or to find out if you could make a pedestrian injury claim on behalf of your child, contact our team today.

What Are The Causes Of Pedestrian Accidents?

As we’ve already mentioned, you must be able to establish that you were injured as a result of negligent actions in order to make a pedestrian injury claim. Some examples of how this could occur include:

• A driver drives through a red light, hitting you as you cross at a pelican crossing. This could cause broken bone injuries, as well as a traumatic head injury.
• A drunk driver swerves onto the pavement, injuring the pedestrians walking there and causing multiple physical and psychological injuries.
• A car speeds around a junction, and does not have enough time to stop safely, hitting a crossing pedestrian. This could cause bruises, lacerations, and chest injuries.

These are only a few examples of how a car could hit a pedestrian as a result of a breached duty of care. You can contact our team today to learn more about making pedestrian accident claims, or read on to get more information on claiming for road traffic collisions.

I Was Hit By A Car As A Pedestrian – What Do I Do?

You may also be wondering, ‘I was hit by a car as a pedestrian, what do I do?’ After being hit by a car, you may want to gather the contact details of the driver. Depending on the nature of your injuries, you may request someone to do this on your behalf if you need to be treated right away.

You should also have any injuries you suffered inspected and treated by a medical professional. Depending on the nature of your injuries, you may wish to attend Accident & Emergency (A&E) or book an appointment with your GP.

If the driver failed to stop at the scene of the accident, you could also make a report to the police.

Another step you could take following a road traffic accident that could support you with making a personal injury claim is to gather evidence. Some examples of evidence that could help support your case include:

• Any video footage of the accident taking place, such as dashcam or CCTV footage.
• Photographs of the accident scene and any visible injuries you suffered.
• Copies of your medical records detailing the injuries you suffered and what treatments you received for them.
• The contact information of anyone who witnessed your accident. They could provide a statement at a later date.

One of our solicitors could help you with gathering evidence for your claim as part of their services. To see if you could be eligible to work with one of them, contact our advisors.

Claiming Compensation For A Hit And Run

A hit and run is an accident in which a pedestrian is struck by a vehicle and the driver flees the scene. It is against the law and a criminal offence to flee the scene of an accident, especially if you’ve inflicted injuries on other people.

The concern with these types of pedestrian accident cases is that the offending driver sometimes is never traced. As a result, it’s difficult to identify which insurance company to lodge the claim against.

In these cases, a claim is still possible. Instead, your solicitor can help you submit the claim to the Motor Insurers’ Bureau (MIB). This is an organisation funded by the insurance industry that’s designed to compensation victims of hit and run accidents.

Compensation is paid by the MIB in the same way as a standard compensation claim. The process, however, is a little different, so it always helps to get legal advice. You can call us for free on the number above to speak with us today.

Compensation Payouts In Pedestrian Accident Claims

Compensation for a pedestrian injury claim can generally be split into two different heads: general damages, and special damages. General damages is the head of your claim that addresses your injuries, including psychological injuries, and the impact that these injuries will have on your life.

When solicitors and other legal professionals value this head of claim, they may refer to the Judicial College Guidelines (JCG). The JCG has guideline compensation amounts for various types of physical and psychological injuries. You can find some examples of these guidelines below, but please note that these are not guaranteed figures. Also, take note that the first entry in this table is an estimated figure which is not taken from the JCG.

Can I Claim For Financial Losses And Property Damage?

Special damages, the second head of claim, addresses the financial losses caused by your injuries. For example, if your leg was amputated as a result of being hit by a car, then you may need a wheelchair or prosthetic going forward. In this case, the cost of these aids could be covered by special damages. 

This heading can also help to cover the cost of:

• Lost earnings
• Home adjustments, such as the installation of a stairlift 
• Domestic help, like cooking or cleaning
• Childcare
• Travel

To find out more about what could be included in pedestrian accident compensation claims, contact our team of advisors. Or, read on to find out how our specialist personal injury solicitors could help you claim compensation for pedestrian accidents.

No Win No Fee Pedestrian Accident Claims

If you are looking to make a claim for a pedestrian accident, one of our solicitors could help you. If one of them agrees to take on your case, they may offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.

When working with a No Win No Fee solicitor, you won’t need to pay for your solicitor’s services upfront or if the claim fails.

Should your claim prove successful, your solicitor will subtract a success fee from the compensation awarded to you. The percentage your solicitor can deduct as a success fee is capped by the law.

You can contact our advisors if you have any questions about how to claim compensation for a pedestrian accident. They can also offer you free advice for your potential claim and may connect you with one of our solicitors.

You can reach our advisors by:

• Calling 0800 073 8804
• Using our online contact form
• Using our 24/7 live chat service

Learn More About Personal Injury Claims

If you’d like to learn more about claims and getting compensation after a road collision, please see the guides below:

• How long does whiplash last?
• Passenger Accident Claims
• Pedestrian Hit By A Car At A Junction Claims Guide
• Arm Injury Claims Guide

For more advice on pedestrian accident claims, please get in touch.