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How To Make A Personal Injury Claim For A Accident In The Street? – No Win No Fee Compensation How Much?

By Stephen Dallas. Last updated 20th October 2021. Welcome to our guide on how to make a personal injury claim for an accident in the street. Have you been injured because of an accident in the street that you were not liable for? If so, you could be entitled to make an accident in the street claim for thousands of pounds in a compensation settlement.

What do we mean by an accident in the street? This could be a street tripping accident that happened because of a broken paving slab, a slip and fall accident that happened because of ice on the pavement, or an accident resulting from a public highway being blocked.

Under what circumstances can you claim compensation for an accident in the street? A common misconception is that you can’t claim compensation for pavement and street accidents, such as road traffic accident claims or claims for accidents that happen in shop car parks, because they are just random occurrences that are nobody’s fault. This is just not true.

Explanation

The vast majority of public roads and walkways are managed by your local council, whilst outdoor shopping centres and shop car parks are typically privately managed. Therefore, if you were injured due to an accident that happened due to negligence on the part of those in control of a public place, you could be able to claim personal injury compensation for your suffering.

How much could you claim? Amounts of pavement accident compensation or street accident compensation that are awarded will differ. Factors that will affect this include the severity of your injuries, but many customers receive a settlement in the region of several thousand pounds or more. If you call Legal Expert today to speak to one of our informed personal injury claims advisors, we could let you know the amount of compensation your claim could be worth.

Legal Expert can help

If you have been injured by an accident in the street, here at Legal Expert, we would love to see if we can help you claim compensation. Please take advantage of our free and no-obligation consultation today to learn more.

Contact us today to discuss what has happened to you, and our team will let you know whether you have legitimate legal grounds on which to claim compensation. If we think we can win your pavement accident claim for you, we will then be able to also provide you with an estimate of how much compensation you could claim. Finally, we will provide you with an excellent personal injury solicitor from our panel to represent you in your case.

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A Guide To Accident In The Street Claims

In this guide to making accident in the street claims, we will cover the following subjects. What an accident in the street is and the sort of injuries they can cause, under what circumstances can you make a street tripping accident pavement claim, or any other pavement accident claims and we will also take you through the process of claiming compensation for a council compensation claim or claim against a private management company.

We will also look at what sort of accidents can be caused by an accident on the street or the pavement and how much compensation you could make as part of a personal injury claim for an accident in the street.

Remember, Legal Expert offers a free personal injury claims consultation to anyone looking to claim compensation for injuries caused by roads or pavements. Call us today to see if you have legitimate grounds to claim street or pavement accident compensation. If you do, we can provide you with a personal injury lawyer, who will start working on your council compensation payment today. It could be the best call you’ve made in a while.

What Is An Accident In The Street?

What do we mean when we talk about an accident in the street? We are talking about an accident caused to a pedestrian by damage or negligence by the council or private landowner responsible for managing the pavement or road where they were injured.

For example, these injuries could include slip and fall accidents caused by loose or broken paving slabs, potholes, slipping on ice if the pavement has not been gritted, or slipping on rubbish that has been left on the street. Injuries resulting from a pavement, car park or street tripping accident can include sprains, strains, fractured bones or broken bones.

Road traffic accidents in the street statistics

It is possible for road traffic accidents to occur on streets which affect pedestrians and which were caused (at least partially) due to negligence by a council or private landowner. Just how often are pedestrians affected by road traffic accidents on streets? According to statistics published by the Department for Transport, there were 14,750 pedestrian casualties reported in road traffic accidents on Great Britain’s roads throughout 2020.

Who Is Liable If I Have An Accident In The Street?

Who is responsible for an accident in the street? The local council manages most pavements, so for example, if you trip on a broken paving slab which the council neglected to fix and break your knee cap, the council could be held liable for your injuries.

Similarly, if a supermarket car park has a pothole which the management has neglected to fix, causing you to suffer a slip, trip and fall accident, then you could claim compensation from them for your injuries.

In short, whoever is in control of public space has a duty of care towards the people who use it, so they are responsible for ensuring a safe environment. If they neglect their duty of care, for example, not fixing a health and safety hazard such as pavement disrepair, they could be held legally liable for any injuries that are caused by the hazard.

Although some injuries are minor, other injuries caused by uneven pavement repair or a street tripping accident can be serious such as strains, sprains or broken bones. If you have suffered an injury due to an accident in the street that was serious enough to warrant you having to take three days off work, or the equivalent, then you could be entitled to make an accident in the street claim for compensation. Call Legal Expert today to see if you are entitled to claim.

Can Retailers Be Held Liable For Your Accident In The Street?

Under certain circumstances, a retailer can be held responsible for an accident in the street, car park, pavement or pedestrianised area if they are responsible for managing this space. Retail spaces are often managed by a retailer, who rent the premises from a private landlord.

The lease agreement terms will usually dictate who is responsible for the maintenance of the outdoor space. If you are injured in the street run by a retailer, your personal injury lawyer will be able to decipher whether you should claim pavement compensation from the retailer or the landowner.

Some roads are also defined as “private roads”, meaning that the council has no responsibility to maintain them. In this case, the homes and businesses operating on the road are responsible for maintaining and upholding health and safety accidents.

Who Is Liable If A Business Has Blocked A Public Highway?

So, who is to blame for an accident in the street? Well, usually a council is responsible for an accident in the street. However, if a business blocks a public highway, they could be held liable for any accidents caused by the obstruction and have to pay pavement accident compensation.

For example, a business can display a sign, menu or goods outside their premises on the pavement, blocking the way of pedestrians. Unfortunately, there have been times when pavement displays have caused accidents. For example, The Guide Dogs for the Blind association recently reported that obstructions on the street caused by blockages were causing accidents involving blind or partially sighted people and their support animals.

As well as causing slips, trips, and falls, blocks on the pavement placed by businesses can also cause road traffic accidents involving more vulnerable pavement users, as people pushing prams and buggies or wheelchair and mobility scooter users may have to go onto the road to avoid the blockage, leaving them more vulnerable to oncoming traffic.

If you have been injured in an accident due to a business blocking the street, call Legal Expert today to see if you are entitled to claim pavement compensation.

What Causes Accidents In The Street?

As we have already established, your local council, a private landowner or commercial tenant, is usually responsible for maintaining an outdoor area such as a pavement or pedestrianised area.

They have a legal duty of care towards pedestrians using these spaces. They are responsible for keeping the space in good working order, conducting regular risk assessments to identify possible health and safety hazards, and applying control measures to remove these hazards.

What health and safety hazards can cause accidents in the street or pavement accidents?

  • Paving stones, curbstones, and manhole covers that are broken wobbling or incorrectly laid. The pavement trip hazard height can make a difference to how serious the slip, trip and fall injuries may be.
  • Pavement subsidence and potholes.
  • Protruding cables or pipes sticking out of a pavement or public footpath.
  • An object that blocks a pavement or public footpath, which could lead to accidents.

Other hazards

There are also further health and safety hazards that can cause street tripping accidents. Some examples of these are:

  • Spillages on the floors of car parks, which were not cleaned up or signposted.
  • Uneven surfaces, such as loose decorative tiling.
  • Snow and ice, including block ice which has not been gritted.
  • Lack of warning signs or barriers, warning the public about adverse weather conditions.

If the management of an outdoor space neglects to repair the hazard and causes an accident, they could be legally liable for any injuries. Similarly, if there is a hazard and the council neglects to provide effective warning signs and barriers, they can also be responsible for any injuries.

If you suffer an injury from any of the hazards above or because of other disrepair on the pavement or street, then call Legal Expert today to see if you can make an accident in the street claim for compensation.

What Should I Do If I Am Hurt In An Accident In The Streets?

If you are hurt because of an accident in the streets, you may claim compensation. To claim compensation for injuries due to roads or pavements, your accident solicitor will need to provide evidence of your injuries and that they’re due to a hazard on the pavement or road. You can take the following steps to collect evidence to support your claim.

If you suffer a serious injury and have to go to the hospital immediately, a friend or family member can collect this evidence on your behalf.

Steps

What steps can you take to collect evidence to support your pavement accident claim?

  • Take photographs of the trip hazard which causes your street tripping accident. You can lay down a 50 pence piece to demonstrate the pavement trip hazard height or size. Include a date stamp where possible.
  • If there are any witnesses to your street tripping accident, speak to them to take down their names and contact details. It may be necessary to give evidence at a later date.
    Report your accident to the council or private landowner that manages the area where you suffer your injury. Ensure that they record the accident accurately.
  • If there is CCTV evidence available, ask for the recordings from the party that owns the tapes.
  • If you experience any expenses related to your injuries, such as medical bills or transport to the hospital, then you could claim these back as expenses, so keep your receipts. Your receipts could also serve as evidence to support your pavement accident claim.

If you experience an accident in the street and believe that you deserve pavement compensation or council compensation payouts, call Legal Expert today to enquire about making an accident in the street claim.

How long do I have to make a personal injury claim for an accident in the street?

Personal injury claims have time limits within which you can make them. If you try to claim the time limit for your case after that, you could risk losing out on the compensation you deserve as you are no longer eligible for it.

Typically, for a personal injury claim for an accident in the street, the time limit to pursue legal proceedings is 3 years. Therefore, you typically have 3 years starting from your accident or the date of knowledge.

There are, of course, some exceptions to this time limit to ensure that those who are unable to claim for themselves have a chance to do so. For example, as mentally incapable claimants can’t make legal proceedings, the time limit freezes until they gain the capability to do so. Otherwise, they can appoint a litigation friend to claim on their behalf. At that point, the litigation friend then has 3 years to make a claim.

Please get in touch today for complimentary legal advice to see if you’re within the limitation period for your case.

Accident In The Street Claims Case Study

This case study details a claim following an accident in the street. So, we will look at the case of Mrs O, an elderly woman in her eighties. Mrs O was travelling down a footpath leading to a Church in her hometown when she tripped on a raised piece of concrete. She fell, injuring her head and face.

Mrs O would receive a diagnosis of a cheekbone fracture. As a result, she would suffer a permanent loss of feeling in that area. She also suffered a mild concussion and severe bruising to her knee and shoulder.

Mrs O hired a personal injury solicitor to help her make her accident in the street claim. A full investigation found the church had neglected their duty of care towards the churchgoers and other people using the premises by failing to recognise the uneven pavement repair and pavement trip hazard height on the pathway. As a result, Mrs O’s solicitor made a successful pavement accident claim on her behalf.

If you have suffered an injury due to uneven pavement repair or any other sort of negligent upkeep of the pavement or uneven pavement repair, you could be entitled to claim thousands of pounds in pavement accident compensation. How much compensation for a fall? Your personal injury claim for an accident in the street could be worth tens of thousands of pounds. So call Legal Expert today to see how much your pavement claim could be worth.

What Can I Claim In An Accident In The Street Claim?

If you are awarded a council compensation payout or compensation from a private landowner for an accident on the street or pavement, your compensation could come in two parts. These are called general damages and special damages. The latter may only possibly be provided if you’re eligible for the former.

General damages are meant to cover you for pain, suffering and loss of amenity that you’ve experienced. This is usually the largest part of your compensation payout.

On top of this, you will also receive special damages to compensate you for any expenses. This could include compensation for medical expenses, travel expenses such as a taxi to the hospital or alternative transport if you were no longer able to drive or a payout for any loss of earnings you suffered as a result of your accident.

Notes

If you suffered a more serious accident, you could also claim the cost of any mobility equipment you may now need, at-home care, or retraining for a new career if you are now physically unable to do your job.

Call Legal Expert today about your personal injury claim for an accident in the street. And we can explain how much compensation your accident in the street claim could be worth.

Accident In The Street Claims Personal Injury Claims Calculator

If you’re looking at making an accident in the street compensation claim, then the Legal Expert personal injury claims calculator can help. This will estimate how much compensation you could receive in general damages.

Please be aware, this calculator does not estimate how much you could receive in special damages. Therefore, your pavement compensation payout could be higher.

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Type of injury Compensation Comments
Very severe brain damage £264,650 – £379,100 Might include the loss of sensation in your limbs. Could also alter personlity or overall functioning. Less dependent on assistance than other more serious forms of head injury.
Moderate brain damage £40,410 – £85,150 Might include the loss of sensation in your limbs. Could also alter personlity or overall functioning. Less dependent on assistance than other more serious forms of head injury.
Less severe brain damage £14,380 – £40,410 Might include the loss of sensation in your limbs. Could also alter personlity or overall functioning. Less dependent on assistance than other more serious forms of head injury.
Minor head injury £2,070 – £111,980 Head injuries from which you can recovery quickly.
Moderate eye injury £8,550 – £19,690 Loss of sight in one of your eyes, or partial sight loss in both eyes.
Minor eye injury £3,710 – £8,200 Minor eye injury which causes interferance with your sight.
Severe back injuries £85,470 – £151,070 Serious injury, may lead to nerve damage or even paralysis. Might cause long-term and indeed severe pain . Might also include impaired movement.
Moderate back injuries £26,050 – £36,390 Less serious or less severe forms of disability. Such injuries might include a fracture, or harm to the soft tissues.
Severe or serious shoulder injury £18,020 – £45,070 Injury with some lasting degree of loss of feeling. Most serious cases could include shoulder paralysis.
Moderate shoulder injuries £7,410 – £11,980 Simpler breaks and fractures or damage to the soft tissues.
Severe elbow injuries Up to £11,820 Seriously elbow injury which causes a disability.
Serious knee injuries £65,440 – £90,290 Serious injury to the knee joint. Risk of future deterioriation.

For a personal estimate of how much your street accident compensation payout could be worth, call us.

No Win No Fee Accident In The Street Claims

If you have been injured because of an accident in the street involving uneven pavement repair or another hazard, you may be able to start a No Win No Fee claim. So, what happens if you don’t win your council compensation claim or pavement accident claim? Well, you won’t have to pay your solicitor a penny, so there’s no chance of becoming out of pocket. You also don’t have to pay an upfront fee, making No Win No Fee claims more affordable.

Call Legal Expert today to enquire about making a No Win No Fee claim for pavement accident compensation.

Why Make Your Street Accident Claim With Us?

We work with a panel of personal injury lawyers with decades of experience in the claims process. Our personal injury lawyers have an excellent track record of winning pavement accident claims. And they often win council compensation payouts for clients injured in accidents in the street.

Our solicitors will always fight to get you the maximum amount of pavement compensation. And we have over three decades of experience working in the legal profession. So, you can trust that you will have the best solicitor for your personal injury claim. Now, to get in touch about making a personal injury claim for an accident in the street:

Useful Links

Slip, trip, fall claims guide
Find out what you can claim if you have had a slip, trip or fall in the street.

Council/Local authority compensation claims guide
Calculate the settlement you might receive after suffering an injury due to the negligence of a council or local authority.

Claiming For An Accident In A Shop
How much can you claim in compensation if hurt in a shop?

Gov.UK Report A Pothole

Useful information on how to report a pothole in the UK

Government website – Report a problem with a pavement

Find out how to report a problem with pavement information and advice.

Government website on How To Report A Pothole

For information on how to report a pothole to the government or local authority, view this link.

Our Compensation Calculator

The link above will take you to our free instant compensation calculator, which can provide compensation estimates for general damages based on details of your case.

Other Compensation Guides

Personal Injury Claim For An Accident In The Street FAQs

When could I make a personal injury claim for an accident in the street?

If you suffer an injury on the street due to third-party negligence, you could receive compensation.

What is the average payout for a personal injury claim?

This varies depending on how significant the injuries are as a result of the accident.

How much should I ask for pain and suffering?

Again, this depends on the extent of the damage from the car accident.

How long does it take to receive compensation?

It generally takes between 2-4 weeks for the claimant to receive compensation.

What is a good settlement offer?

This is an offer that lies between the client’s expectations and the defendant’s financial wellbeing.

Should I accept the first offer from an insurance company?

Please don’t accept the first offer, as it’s usually a prelude to a stronger offer further down the line.

How can I prove my pain and suffering?

Examples of evidence could include medical records and expenses, along with pictures of the injury and any psychiatric information.

Can I make a personal injury claim myself?

Yes, there is no legal requirement to have a lawyer. But the claim may suffer if you don’t use a law firm.

Thank you for reading our guide on making a personal injury claim for an accident in the street. But we can provide further guidance about claiming with a No Win No Fee agreement in place.