By Danielle Jordan. Last updated 6th March 2024. Are you a pedestrian that was hit by a car at a junction? If you were harmed, and the incident was caused by negligence, then you may be eligible to claim compensation.
Pedestrians are vulnerable road users who often experience severe injuries following a road traffic accident. If possible, we may be able to help prove the negligence of the driver that hit you or caused you to be injured, assuming such behaviour caused the accident. We may also be able to assist you with receiving the compensation you are entitled to following such a traumatic incident.
In this guide, we’ll look at how pedestrian accident claims may be possible when they involve a car hitting a pedestrian at a junction. We’ll also look at when pedestrians have right of way on different types of roads and crossings. Also, we will explain what steps you can follow if you are unfortunate enough to be hit by a car at a junction. We’ll also break down the types of evidence that may allow you to start a personal injury claim if another road user is to blame for your accident.
Read on to find out more about claiming compensation as a pedestrian who has been hit by a car at a junction. As soon as you are ready to make your claim or find out more then please contact Legal Expert on 0800 073 8804 where one of our friendly and professional team will be happy to help you. You can also contact us online using the claim form on our website.
Pedestrian road traffic accident claims
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Am I Eligible To Claim After Being Hit By A Car?
While on the roads, road users must use them in a way that prevents both damage and injury for themselves and for others as part of their duty of care. They must also adhere to relevant rules and regulations governing road use, including the Road Traffic Act 1988 and the Highway Code.
If a pedestrian is hit by a car, they could be eligible to seek compensation. However, they must be able to satisfy the criteria to make a personal injury claim.
This means that to be eligible to seek personal injury compensation for a pedestrian accident, you need to prove that:
- You were owed a duty of care by another road user.
- There was a breach in this duty.
- As a result of this breach, you suffered an injury.
Please direct any questions you have about the eligibility to make a road traffic accident claim to one of the advisors from our team. You can reach them by calling the number above.
Time Limits For Starting A Pedestrian Accident Claim
Something to keep in mind if you’re considering making a personal injury claim is that a time limit usually applies for starting such claims. Due to the Limitation Act 1980, you normally have three years to start a claim from the date your accident occurred. If you wish to start a claim, then it’s always wise to begin the process as soon as you can.
Exceptions to this time limit can apply to children and people with reduced mental capacity. If a child or someone who lacks the mental capacity to act independently is injured in a road traffic accident, then the three-year time limit for starting a claim is suspended (at least temporarily). For children, the time limit will not activate until the day they reach their 18th birthday. The time limit will only start for those with a reduced mental capacity if they recover enough of it to allow them to make decisions on their own behalf.
When an injured party is unable to claim on their own behalf, a claim could potentially be started for them by a litigation friend. This could be someone close to the injured party, such as a parent.
Pedestrian Hit By A Car – How To Prove A Claim
If you’ve been hit by a car, you will need evidence showing that your injury was caused by third-party negligence to potentially receive compensation. If you’re someone who has been hit by a car, this section will clarify what you can do after such an accident.
Firstly, it’s important to ensure your injuries are examined by a medical professional. They will be able to assess the extent of them as well as provide a prognosis. Their record of the injury can be used as medical evidence.
If you’re injured as a pedestrian because of a car hitting you, there are several ways you can prove negligence. Evidence that can be used includes:
- CCTV footage. Dash cam footage could also be used to show the series of events that led to the accident.
- Witness statements. If you’re able to gather contact details for anyone that witnessed the accident, your solicitor can contact them to take statements.
- Pictures of your injury and the accident scene.
- Copies of medical notes or reports.
Our advisors can tell you in just one phone call if you could be eligible to receive compensation. You can contact them at a time that works for you using the details above.
Calculating Compensation For Pedestrian Accident Claims
The average settlement for a pedestrian hit by a car in the UK is not something we can provide as each claim is unique, and payouts are decided on a case-by-case basis. Some factors that are considered when calculating pedestrian car accident settlements are the severity of the injury and its impact. Compensation examples from the Judicial College Guidelines (JCG) also guide solicitors when they are calculating the value of claims.
Your pedestrian injury claim could comprimise of general and special damages. The general damages aspect of your claim compensates for your pain and suffering, while any financial losses are covered by special damages.
The amounts in the table are taken from the JCG. These compensation amounts are only guides and may not match the pedestrian car accident settlement you might receive.
| Injury | Details | Compensation Bracket |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Multiple injuries that are serious, including physical and psychological injuries, plus special damaged such as car costs. | Up to £1,000,000+ |
| Very Severe Brain Damage | In these cases, the injured party will demonstrate little or no meaningful response to their environment along with no language function, double incontinence and they’ll require full-time nursing. | £282,010 to £403,990 |
| Severe Back Injury (i) | In this bracket, the claimant experiences nerve root or spinal cord harm which has resulted in serious consequences including severe pain and disability. | £91,090 to £160,980 |
| Severe Neck Injury (i) | The claimant will have incomplete paraplegia, permanent spastic quadriparesis or have little to no neck movement along with severe headaches. | In the region of £148,330 |
| Arm Amputation (b) (i) | Shoulder-level amputation. | Not less than £137,160 |
| Severe Leg Injuries (I) | In this bracket, the claimant has suffered the most serious leg injury that has not required an amputation. | £96,250 to £135,920 |
| Severe Injuries to the Hips or Pelvis | In this bracket, the injured party has extensive pelvis fractures which cause substantial residual disabilities. | £78,400 to £130,930 |
| Very Severe Foot Injury | The claimant has permanent and severe pain or a really serious permanent disability from a foot injury such as the traumatic amputation of the forefoot. | £83,960 to £109,650 |
| Serious Damage to Both Hands | In these cases, the claimant will suffer a significant loss of function and permanent cosmetic disability to both of their hands. | £55,820 to £84,570 |
| Very Severe Ankle Injury | This bracket includes unusual injuries such as soft tissue damage with a transmalleolar fracture with a risk that the injured party might need a below-knee amputation with any future injury. | £50,060 to £69,700 |
Pedestrian Hit By A Car – More Payout Examples
A car hitting a pedestrian could not only result in physical and mental injuries, but also in the claimant’s finances being affected. Certain costs and losses can arise as a result of the injuries sustained.
For example, if a pedestrian is hit by a car, then their injuries could result in them being unable to work until they recover. The loss of earnings they experience could be addressed in a special damages payment.
Other examples of costs that could be included in a special damages amount could be:
- Damage to your personal property
- Travel costs
- Additional care at home
- Medical expenses
If a motorist were to hit someone with their car, there are other costs that could arise. You will need to maintain a detailed record of these expenses in the form of documents such as receipts and payslips.
To find out more, please get in in touch with our advisors.
Can I Work With A No Win No Fee Solicitor On A Road Traffic Accident Claim?
If you suffered injuries when you were hit by a car and it was due to the driver’s negligence, you might like to make a claim. Although you don’t need a solicitor to claim, the process could seem simpler with legal representation.
A No Win No Fee solicitor could provide their support under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
What this means for you is that your solicitor typically is not going to ask you to pay upfront for their legal services. They generally won’t ask you to pay any service fees while your case is ongoing. If they win your case, they will take a success fee out of your award. This amount is capped by the CFA. Should your solicitor not succeed, they usually will not ask you to pay for their services.
As a pedestrian hit by a car at a junction, you might wonder what your next steps should be. You can call our advisors 24 hours a day, 7 days a week for free legal advice. If they think your claim could succeed, you could be put in contact with one of our solicitors. Our solicitors typically offer their services on a No Win No Fee basis. To get in touch:
- Fill in our claim online form for a call back.
- Call 0800 073 8804.
- Use our live webchat at the bottom of the screen.
Useful Links
Have you suffered broken bones? – The NHS page shows how to tell if you have a broken bone.
The Road Traffic Act 1988 – You can read the full details of this important piece of legislation through this link here.
The Highway Code – You can check this government link to read through the details of the current Highway Code.
Pedestrian Accident Claims – You might feel it necessary to read more about pedestrian accidents. Here’s our general guide.
Accident claims on the road – Personal injury claims on the road can be complex. Read more about them here.
Personal Injury Claim Process – find the answers to some questions we often get asked about the personal injury claims process.
We hope this guide about claiming compensation if you are a pedestrian hit by a car at a junction has proven useful. If you still have any questions about these types of claims, then you’re welcome to contact our advisors online or by phone.
