Pedestrian Accident Claims - A Guide To Payouts

Have you been involved in a road traffic accident and want to know when pedestrian accident claims can be brought? At Legal Expert, we can help. This guide will tell you all you need to know about who can make a pedestrian accident claim, your legal rights, and how to pursue pedestrian claims.

Road traffic accidents can put your life on hold. Claiming pedestrian accident compensation can assist you in taking the next steps towards recovery.

Key Takeaways In Pedestrian Accident Claims

If you haven’t got time to browse our guide in full, the following five points are essential to know:

To make a pedestrian accident claim, you must prove that someone was at fault for injuring you.
You may still be able to receive pedestrian injury compensation if you were partially at fault for the accident.
You genreally have up to three years to make an injury compensation claim.
You will need to gather specific evidence for the best chance of claiming compensation.
In most cases, it’s possible to make a claim on behalf of a child involved in a road traffic accident.

If you’re ready to move forward, get in contact today. You can do this by calling us on 0800 073 8804, filling in our contact form, emailing us at info@legalexpert.co.uk, or selecting the live chat option at the bottom of the screen.

Jump To A Section

Making Pedestrian Accident Claims?
What Does Duty Of Care Mean For Road Users?
My Child Was Hit By A Car, Can I Claim On Their Behalf?
Do I Need Evidence To Make A Successful Claim?
How Much Compensation In Pedestrian Accident Claims?
Are Making Pedestrian Accident Claims Expensive?
Why Should I Claim With Legal Expert?
More Information

Making Pedestrian Accident Claims?

In pedestrian accident claims, a road user must breach their duty of care to you. Road users owe a duty of care to others (including pedestrians), and to meet this duty, they must drive their vehicles in a manner that avoids harm. This can include following rules set out in the Highway Code and the Road Traffic Act 1988.

As a pedestrian, you must take good care when crossing the road, be aware of your surroundings, and remain focused while on the road. However, if you have been hit by a vehicle and you think they were at fault, you could bring a claim for personal injury compensation.

What Does Duty Of Care Mean For Road Users?

Meeting the duty of care discussed in the previous sections could include:

Driving while under the influence of alcohol (drink driving) or drugs, or while being excessively tired.
Going over the speed limit, even in a less-busy road area.
Driving too closely to another car, particularly in bad weather conditions.
Not being aware of zebra crossings or other pedestrian crossings.

All of the above could lead to road traffic accidents. If you have been affected by one of these issues, don’t hesitate to get in touch using one of the contact methods stated above.

I Was Partially At Fault, Can I Still Claim?

If you feel you might have been partially at fault for a road traffic accident, you may still be eligible to claim pedestrian injury compensation. Some examples of being partially at fault as a pedestrian include crossing a busy road without a green traffic light signal, entering the road when it is unsafe to do so, and being distracted while walking.

Where liability (or fault) is split between the parties, then there will be a corresponding reduction in compensation awarded. So, if, for example, the accident was 50:50 and both parties were equally at fault, then you would only receive half of the compensation for the losses.

All pedestrian accident claims will vary, as will the amount of compensation you receive.

My Child Was Hit By A Car, Can I Claim On Their Behalf?

For pedestrian accident claims involving children, you will need to be appointed as a litigation friend to claim on their behalf. A litigation friend should be a suitable adult and whilst it is not a requirement, it is often a family member. They will make decisions about the case and act in the best interests of the child.

As a litigation friend, you will also work with your child’s solicitor to help gather evidence and anything else the claims process requires.

A litigation friend can additionally be appointed if the person making a claim does not have the mental capacity to pursue the claims process, for example they suffer a serious head injury after being knocked over by a vehicle.

How Long Do I Have To Start A Claim?

As mentioned, you have three years to make a pedestrian accident compensation claim per the Limitation Act 1980. This three-year time limit starts either from the date of the accident or from when you became aware that you were injured.

An exception is if you are making a pedestrian accident claim on behalf of a child. In this instance, you have until the child turns 18 to start a claim on their behalf. Once the child turns 18, they have another three years to pursue a claim themselves.

Some other exceptions could apply depending on the circumstances of the case. Though you generally have three years, we recommend reaching out to a solicitor to get started as soon as possible. This is because processes like gathering evidence and tracking down witnesses can take time and be more difficult if left for a period of time.

Do I Need Evidence To Make A Successful Claim?

The simple answer is yes. All claims require evidence, and the more you have, the better. Anything that proves your recollection of events is useful. For a road traffic accident, the following pieces of evidence are especially useful.

Witness statements. Anyone who witnesses a pedestrian being hit by a car or another type of accident can provide useful evidence. By providing contact details to a solicitor, they can usually take a statement for you.
CCTV footage. Sometimes, it’s difficult to make out the vehicles involved in a road traffic accident, and rewatching a video could help. Additionally, if you cannot get insurance details from the other driver, CCTV footage could be useful.
Photos and/or videos of the accident scene and your injuries. Try to photograph the car or cyclist responsible, too.
Medical records can help prove an injury and any treatment you had or are having.

Our solicitors can also offer specialist legal advice so you can gather the right kinds of evidence for injury compensation.

How Much Compensation In Pedestrian Accident Claims?

Damages for injuries suffered are called general damges. They compensate you for your pain, suffering and loss of enjoyment of life. Factors that influence the size of this compensation include the severity of the injury and what the prognosis for the future is (i.e. how long until you are recovered).

While pedestrian accident injury payouts vary, the table below has some example compensation brackets for certain injuries. The compensation amounts (except the top entry) are from the Judicial College Guidelines (JCG). The JCG has guideline compensation brackets for a variety of injuries, but they are only guidelines, so no figures in our table are ever guaranteed. Each injury is slightly different.

INJURY	SEVERITY	COMPENSATION
Multiple injuries and special damages	Very Serious	Up to £1,000,000
Head and brain injuries	Very Severe	£344,150 to £493,000
	Moderate (iii)	£52,550 to £110,720
Arm injuries	Severe	£117,36 to £159,770
Back injuries	Severe (ii)	£90,510 to £107,910
Neck injuries	Severe (ii)	£80,240 to £159,770
Leg injuries	Very Serious	£66,920 to £109,290
Elbow injuries	A Severely Disabling injury	£47,810 to £66,920
Post-Traumatic Stress Disorder	Moderately Severe	£28,250 to £73,050
Shoulder injuries	Severe	£23,430 to £58,610

Special Damages

As well as general damages, some pedestrian accident claims will receive special damages. This part of compensation covers the extra costs you might have had to pay (or money you have lost) following the accident. You can claim for things like:

Care costs.
Medical costs and treatment.
Transport to and from hospital visits.
Loss of earnings and future loss of earnings.
Repair and replacement costs for your vehicle (if applicable).

You can contact an advisor if you have any more questions about the types of compensation you could receive in your claim.

Are Making Pedestrian Accident Claims Expensive?

A common worry about making a claim is how much it will cost or being left with an expensive legal bill. Fortunately, there is a funding arrangement that can allow you to make a claim in confidence that can afford to do so.

Here at Legal Expert, our solicitors can take your case on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). This is a form of No Win No Fee contract.

What Is A No Win No Fee Agreement?

This is a type of agreement where a solicitor will not charge for their services unless your case is successful. So if you lose, there are no solicitor fees due to your solicitor.

Under a CFA with our solicitors you will not have to pay upfront for your solicitors fees to begin your case. Nor will you have to pay ongoing fees for the work your solicitor does as the case progresses.

Should your case be successful, a legally capped percentage of the compensation will be deducted and paid to your solicitor as a success fee. This would mean that you keep the bulk of any settlement or award.

Why Should I Claim With Legal Expert?

Our solicitors have years of dedicated experience handling all types of personal injury claims including those involving pedestrians. They can use this experience to help you with your case by:

Collecting the evidence needed to give you the best chance of winning your claim.
Adding all appropriate losses to your case and pushing for the highest compensation amount they can.
Explaining legal terms and issues in a concise and friendly manner.
Handling the other party and their insurance company, including handling settlement negotitations.

This can all be done on a No Win No Fee basis as discussed above. If you would like to work with one of our solicitors you can contact us now for a free case assessment.