Claiming Pedestrian Injury Compensation After Being Hit By A Car

Being involved in a pedestrian accident can be life-altering, leading to serious injuries and financial strain. If you have been hit by a car or other vehicle, you could be owed compensation. Before choosing whether to claim compensation it is important to understand your rights and how the claims process works.

Our guide covers everything you need to know about pedestrian accident claims. From navigating the road traffic accident claims process to working with one of our panel of pedestrian accident solicitors, you can find information on how claims work.

What You Need To Know

• Pedestrian accident claims: these can differ from other types of road traffic accident claim as pedestrians are more vulnerable road users.
• Common causes: factors such as speeding, driving whilst distracted and other forms of negligence could lead to severe pedestrian injuries.
• Eligibility: you could claim on your own behalf or on behalf of a vulnerable loved one.
• Compensation: how much compensation you could claim may depend on the severity and type of injury suffered.
• No Win No Fee claims: you could claim on a No Win No Fee basis by working with a pedestrian accident solicitor from our panel.

Start your pedestrian accident compensation claim by:

• Calling now on 0333 000 0729.
• Making an online enquiry.
• Tell us what happened to you online.

Jump To A Section

• How Is A Pedestrian Claim Different To A Typical Car Injury Claim?
• Common Causes Of Pedestrian Accident Claims
• Who Can Make Pedestrian Accident Compensation Claims?
• Can Claims Be Made On Behalf Of Family Or Friends?
• How Much Compensation You Could Get For A Pedestrian Injury Claim
• Are There Time Limits For Pedestrian Accident Claims?
• What Evidence Will You Need To Support Your Injury Claim?
• Will You Have To Take The Driver Who Caused The Accident To Court?
• Making No Win No Fee Pedestrian Accident Claims
• More Information

How Is A Pedestrian Claim Different To A Typical Car Injury Claim?

Pedestrian accident claims must follow the same process as other types of car injury claims. However, pedestrians are some of the most vulnerable road users. This means that claims could involve injuries which are more complex.

Key differences may include:

• The severity of injuries sustained. Pedestrians lack any protection and may sustain more severe or complex injuries.
• Pedestrians may, at times, be partially at fault. This may make apportioning liability more complex.
• Calculating compensation. As injuries may be more severe they may take longer to fully diagnose and provide a prognosis of recovery for. This may mean it takes longer to calculate compensation.
• Claims may involve uninsured or untraced drivers, meaning the claims process may differ from standard road accident claims.

If you have been injured in a pedestrian car accident you may be entitled to compensation. A pedestrian accident lawyer from our panel could help you to navigate the claims process.

Common Causes Of Pedestrian Accident Claims

Pedestrian accidents may occur where a driver fails to observe and follow road safety rules. Provisional statistics from the UK Government show that in the year ending June 2024, 19,092 pedestrian road accidents occurred.

Below we look at examples of different scenarios in which pedestrian injury compensation claims could be made.

Driving Too Fast

Vehicle speed compliance statistics for 2023 show that in free-flowing traffic conditions on 30mph roads, 44% of motorists in cars exceeded the speed limit. Speeding can limit a driver’s ability to quickly react and avoid a collision. Driving too fast could cause an accident where:

• A driver exceeds the speed limit when approaching a pedestrian crossing. They fail to stop in time, striking someone crossing the road.
• A driver exceeding the speed limit and ignoring prevailing conditions, such as ice or rain, loses control of the vehicle and collides with a pedestrian.

Lack Of Attention To The Surrounding Road

Failing to monitor the road could result in a pedestrian accident where:

• A driver focuses on traffic lights at a junction, failing to spot a pedestrian crossing the road and hitting them.
• A vehicle turns into a side road without checking for pedestrians crossing the road, striking a child and causing severe injuries.

Using A Mobile Phone Whilst Driving

Using a mobile phone can increase the likelihood of a road traffic accident as the driver is not paying due care and attention to the road. Data from the 2023 mobile phone use survey, shows that in 2022 a total of 22 people were killed and 652 injured in road accidents where the use of a mobile phone was a contributory factor.

Accidents could be caused where:

• A driver reading a text message fails to notice someone walking out onto a pedestrian crossing.
• A driver using their mobile phone fails to yield to a pedestrian already crossing the road at a zebra crossing..

Distracted By Something In The Car

Distractions, such as adjusting controls, talking to passengers or using a sat-nav can lead to a driver failing to pay due care and attention.

Accidents could be caused by a driver being distracted by something in the car where:

• The driver was adjusting their Sat-Nav whilst driving and failed to pay due care and attention to a pedestrian using a crossing point.
• A driver was eating or drinking whilst driving (in contravention of Rule 148 of the highway code) and did not pay attention to a red light at a pelican crossing which is in use by a pedestrian.

Pedestrian accident claims could be made in the circumstances described above and others. One of our panel of road traffic accident solicitors could help you to claim compensation.

Who Can Make Pedestrian Accident Compensation Claims?

Anyone who has suffered injuries in a pedestrian accident caused by another party may be eligible to claim compensation. This includes pedestrians hit by a car, motorcyclists, vans or those involved in a bus accident.

Road users have a duty of care towards one another. They must use the roads in a way that is safe both for themselves and for other road users. To do so, they must comply with guidelines and rules found in Road Traffic Act 1988 and Highway Code.

Eligibility criteria:

1. Another road user owed you a duty of care.
2. They were in breach of this, such as failing to stop at a pedestrian crossing where you were crossing the road, hitting you.
3. You were injured as a result of this. For example, you suffered a broken arm or leg.

In most instances, road traffic accident claims will be made against the motorist responsible for the accident taking place, with the drivers insurance company settling the claim. The insurance provider will need to see clear evidence that your case meets the criteria above. Later in this guide we will outline the evidence which could help to prove your claim.

What If The Pedestrian Caused The Accident?

If the pedestrian’s actions either contributed to or caused the accident, their ability to claim may be impacted.

Understanding the highway code for pedestrians:

• Rule 7 – pedestrians should follow the Green Cross Code. They should choose a safe place to cross, check for traffic in all directions and listen before stepping into the road.
• Rule 8 – pedestrians have priority at a junction once they have started to cross. Turning traffic must give way to them. Pedestrians should remain cautious when crossing and should do so at a point where drivers can see them.
• Rule 170 – drivers must watch out for and give way to pedestrians who have started crossing the road at a junction.

If a pedestrian disregards rules set out in the Highway Code, such as stepping out into traffic unexpectedly, they may be found either fully or partially responsible for the accident.

If found wholly responsible for the accident, a pedestrian would have no grounds on which to claim. However, if the pedestrian was only partially at fault, they may have grounds to make a split liability claim.

How Do Claims Against Hit And Run Or Uninsured Drivers Work?

Victims of a hit and run accident or accidents involving uninsured drivers are still able to seek compensation. Claims involving untraced or uninsured drivers may be made through the Motor Insurers’ Bureau (MIB).

Key points about making a claim through the MIB:

• Victims of hit and run accidents could claim via the MIB if it can be shown that the motorist was at fault.
• The MIB provides compensation where the driver was uninsured.
• Victims must report the accident to the police and provide as much evidence as possible.

If you were injured in a pedestrian accident it is crucial that you understand both fault and your rights. Even in instances where liability is split, you could still be eligible to make a claim.

Can Claims Be Made On Behalf Of Family Or Friends?

Yes, pedestrian accident claims may be made on behalf of loved ones who are unable to do so themselves.

This may be especially relevant in:

• Child accident claims,
• Claims involving vulnerable persons,
• Claims for those who sustained life-changing injuries, such as those who sustained a brain injury.

You act on the victims behalf when they are unable to manage the claims process themselves. To do so, you must apply to the court and be appointed as their litigation friend.

To be appointed as such, you must be a suitable adult and may be the victims,

• Close family member,
• Friend,
• Guardian,
• Solicitor.

Fatal Pedestrian Accident Claims

Fatal pedestrian accident claims may be made by the deceased’s estate during the first 6 months following the accident. If no claim is made by the estate during this time, qualifying family members may be able to pursue a fatal road accident claim. The Law Reform (Miscellaneous Provisions) Act 1934 enables the estate to bring a fatal accident claim whilst the Fatal Accidents Act 1976 enables family members to do so. .

Fatal pedestrian accident claims could be made by:

• A spouse, civil partner, or partner – may claim for emotional distress and financial loss.
• Children or parents of the deceased – may make a dependency claim.
• Other close relatives – legal guardians, siblings and other qualifying relatives may also be able to claim.

Learn more about how to claim on behalf of a loved one or following a fatal accident by talking to an advisor.

How Much Compensation You Could Get For A Pedestrian Injury Claim

A pedestrian who sustained a very severe brain injury could receive between £396,140 and £493,000. The figures above, as well as those presented in rows 2-10 in the following table, have been taken from the Judicial College Guidelines. The JCG is a document used by legal professionals and others. It sets out compensation guidelines based on the type and severity of an injury. The figure in row 1 is our example figure which takes special damages into account.

What Factors Determine The Amount Of Compensation In Pedestrian Accident Claims?

Compensation can be divided into two categories. These are:

• General damages – cover pain, suffering as well as loss of amenity. Compensation for severe injuries such as those leading to paralysis may typically be awarded higher amounts.
• Special damages – compensate for financial losses, such as medical expenses, rehabilitation, loss of earnings and the cost of travelling to medical appointments.

Special damages are only awarded if you are able to prove your losses. You may submit evidence such as invoices, receipts and bank statements to do so.

If you have been injured in a pedestrian car accident you could be entitled to compensation. A specialist solicitor could help you to secure the best possible settlement.

Are There Time Limits For Pedestrian Accident Claims?

There are time limits in which to make a pedestrian accident claim. The Limitation Act 1980 sets a three-year deadline in which the claim must be filed. If the claim is not filed within this timeframe, the injured party may lose their right to seek compensation.

However, there are key exceptions to this:

• Child injury claims – where the injured party is under the age of 18, a litigation friend may pursue a claim on their behalf at any point till they turn 18. The time limit will then begin on this date, running till their 21st birthday.
• Mental incapacity – where the pedestrian hit by a car or other vehicle is prevented from claiming themselves due to cognitive impairment. The time limit is indefinitely paused unless and until they regain this capacity.

If you choose to work with one of our panel of pedestrian accident solicitors they can ensure your claim is filed within the applicable time limit.

What Evidence Will You Need To Support Your Injury Claim?

To successfully prove your pedestrian accident claim, you need to provide clear evidence demonstrating who was at fault and the extent of your injuries.

Key evidence which could support a claim:

• Details of the accident – including the time and location of the accident.
• Vehicle registration numbers – record the registration number of any vehicle involved in your accident.
• Names and addresses of parties involved – this should include all parties involved in the accident. If the driver of the vehicle is not the owner, you should also obtain their details.
• Insurance details – seek the details of the relevant insurance policy and provider.
• Witness contact details – a solicitor may later take witness statements.
• Police reports – you may request a copy of the police report covering the incident.
• Medical reports – such records will detail the severity of injuries you suffered and the treatment required.
• Photo and video evidence – you may take photographs of the accident scene as well as of your visible injuries. If the accident location was covered by CCTV, you may request footage of yourself.

The more comprehensive the body of evidence supplied with your claim, the stronger your case may be. Doing so can help you to secure the compensation you deserve.

One of our advisors could answer frequently asked questions about the types of evidence which could support your claim.

Will You Have To Take The Driver Who Caused The Accident To Court?

It is unlikely that you will need to go to court when making a pedestrian accident compensation claim. In reality, the vast majority of claims are settled between the two parties outside of court.

Whilst legislation does not specify a time limit in which claims must be settled, most will not involve lengthy legal battles and court cases.

Instead, a personal injury solicitor could negotiate with the other party’s insurance provider, and come to a settlement. Doing so can help to ensure victims get a fair compensation settlement, benefiting from a solicitor’s expertise.

In some rare instances, the party you are claiming against may dispute their liability for the incident, or does not offer a reasonable settlement. In these instances, your claim may need to go to court.

If you choose to claim with one of our panel of solicitors they could guide you through every step of the claims process.

Making No Win No Fee Pedestrian Accident Claims

A Conditional Fee Agreement (CFA) or No Win No Fee agreement is a way to make a claim with a personal injury solicitor. Under a CFA your solicitor would charge you a small percentage of your compensation as a ‘success fee’.

The benefits of No Win No Fee agreements are that:

• Solicitors fees are only paid at the end of the claims process.
• The percentage No Win No Fee solicitors take is legally capped.
• There are no solicitors fees in the event of an unsuccessful claim.

The solicitors who make up our panel could help you on a No Win No Fee basis. They could assist in gathering evidence, taking witness statements and negotiating your settlement with the other party.

Contact Legal Helpline For Help

If you are ready to discuss your case, or require further help and assistance, please contact one of our advisors. They could:

• Review your case and check whether you may have a valid claim.
• Connect you to one of our panel of experts in pedestrian accident claims.

Contact an advisor now by:

• Phoning 0333 000 0729.
• Clicking here to make an online enquiry.
• Telling us what happened over our live chat.

Our panel of solicitors are ready to help you get the compensation you deserve.

More Information

If you need more information and guidance on pedestrian accident claims we have included resources below. These can help you learn more about how to navigate the claims process and how compensation may be calculated.

• This guide provides further information on how compensation payouts may be calculated.
• Here you can learn more about how the personal injury claims process works.
• In this guide we look at how to make a compensation claim.

These resources can provide a broader perspective as well as additional insights.

• You can request a copy of your GP health record from the NHS to help prove your case.
• Learn more about Statutory Sick Pay in this resource from the government.
• Find further road stats from Think! From the government.

Find out more about how our team could help with pedestrian accident claims by talking to us today.