Pedestrian Accident Claim

If you have suffered an injury following an accident as a pedestrian due to somebody else’s negligence, you may be eligible to claim compensation for your pain and suffering.

In 2021, there were 16,654 accidents involving pedestrians in the UK, of which 361 were fatalities. Some typical situations leading to such accidents include driver error, poor maintenance of roads and faulty traffic systems.

If you got hit by a car while crossing the road or in any other way, you may be eligible to start a pedestrian accident claim against the responsible party. For a free case assessment, call 0800 470 0474 today or enter your details to arrange a call back.

If you have a valid claim, an experienced personal injury solicitor will offer you legal advice and support on a no win no fee* basis. This means there are no upfront costs and nothing to pay if your claim is unsuccessful.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I make a pedestrian accident claim?
• How do I make a pedestrian injury claim?
• What will I need to make a successful pedestrian accident claim?
• Can I still claim if I was partly to blame?
• Can I still claim if I was involved in a hit and run accident?
• What are the most common scenarios leading to pedestrian accidents?
• Common injuries that may lead to a pedestrian accident claim
• How much pedestrian injury compensation will I receive for my accident?
• Can I claim pedestrian injury compensation for a loved one?
• How much will it cost to make a pedestrian accident claim?
• What are the time limits for making a pedestrian accident claim?
• How long will my claim take to settle?

Can I make a pedestrian accident claim?

If you sustained an injury as a pedestrian and someone else was to blame, you are likely eligible to claim compensation. A pedestrian injury lawyer will discuss the specific details of your case to assess how likely it is that you will win a claim. A pedestrian hit by a car can typically claim if:

• The defendant in the case owed you a legal duty of care
• They breached their duty by acting negligently and causing an accident
• You suffered an injury or injuries as a result within the last three years

You do not have to worry about proving a duty of care. Your solicitor will refer to the Road Traffic Act 1988, the Highways Act 1980 or other relevant legislation to show a breach of duty. Based on your circumstances, your claim could be against:

• The driver of the car that hit you, if they were negligent, distracted, speeding or under the influence
• The motor vehicle owner, if they entrusted their automobile to an unfit driver
• An employer, if the driver was operating the vehicle for work purposes at the time of the accident
• The local authorities, if your accident was due to hazardous road conditions, such as poor signage or inadequate road crossing
• A manufacturer or repair shop, if you got hit by a car due to a vehicle malfunction or defect

During your initial free consultation, your solicitor will explain how strong your case is and the amount of compensation award you could be entitled to.

How do I make a pedestrian injury claim?

If you want to claim compensation for your accident, the first thing you should do is contact a personal injury lawyer. They will offer you a free case assessment to determine the specifics of your accident and how it has affected your life.

If another party was at least partially to blame for your accident, your solicitor will offer you a no win no fee service and will help you gather proof to support a claim. Some evidence that may be used in a road accident claim includes photographs of the accident scene, medical records and witness statements. After you have all the required documents, your solicitor will send a claim notification form to the other party and inform them of your intentions to take legal action.

If they admit being at fault, your pedestrian injury lawyer will negotiate with their insurer to reach a fair settlement. That will include compensation for your pain, suffering and related financial losses. If you can settle, you should receive your award within several weeks.

If you cannot reach an agreement, your solicitor might advise you to issue court proceedings. Even so, more than 96% of all cases settle before trial. In the unlikely event that your claim goes to court, a judge will assess liability and damages based on the available evidence.

What will I need to make a successful pedestrian accident claim?

Your solicitor will help you to gather as much information as possible to make a successful pedestrian injury claim following your accident. Evidence will be needed to confirm who was responsible for causing the accident. You will also need proof of the injuries and losses you have sustained.

The following documents will be of great support to your pedestrian injury lawyer to build a strong case:

• Reports from police and any witnesses who were present or arrived at the scene
• Contact information for the responsible driver, including their insurance details and vehicle number plates
• Reports from hospitals, GPs and any treatment centres, along with evidence of any injuries sustained
• Receipts for any treatment and prescriptions needed
• Photographs of the scene highlighting any specifics that display the liability and damage
• Footage of the accident if any vehicles at the scene were fitted with a dashcam or there were CCTV cameras in the area
• Your account of the accident while the details are fresh in your memory
• Photographs of any visible injuries and your notes about how the accident has affected your life
• Reports from medical experts about the cause and severity of your injuries, as well as the potential long-term impact
• Copies of any documentation received from any relevant party
• Documents related to your financial losses and expenses, such as medical bills and lost wages

Your solicitor will gather the information they need and use it to build the most comprehensive case possible. Working on your behalf, they will always aim to achieve the maximum compensation you are entitled to.

Can I still claim if I was partly to blame?

A pedestrian hit by a car could still be entitled to compensation even if they were partially to blame for their injuries. Under the concept of contributory negligence, you could still claim as long as it can be established that you held less than 50% of the blame. Some examples of contributory negligence include:

• Crossing the street outside of a zebra crossing or when the red light is on
• Ignoring traffic laws, such as yielding the right of way when required or walking on the appropriate side of the road
• Stepping out in front of cars without looking for incoming traffic
• Walking on highways or other areas where pedestrians are prohibited
• Making sudden and unpredictable movements while walking
• Ignoring warning signs, barriers, or cones that indicate that certain areas are off-limits or hazardous
• Walking in low visibility without using reflective gear, making it difficult for drivers to see you
• Being reckless, careless or impaired by drugs or alcohol
• Failing to judge a vehicle’s path or speed
• Crossing the road masked by a stationary or parked vehicle

If you contributed to your injuries, that does not mean you will be prohibited from making a pedestrian accident claim. As long as the other party had more than 50% of the blame, you are still eligible for compensation. In this case, you will receive a reduced award that reflects your contributory negligence.

Can I still claim if I was involved in a hit and run accident?

Yes. You could still potentially claim pedestrian injury compensation even if you were involved in a hit and run. A hit and run is an accident where the responsible driver either fails to stop or leaves the scene without exchanging their insurance details. If this happens, you should try to get the vehicle’s registration number, model and colour and contact the police immediately to report the accident.

If the driver is later found, you can claim against them and their insurance. If they are untraceable or uninsured, you can still claim through the Motor Insurer’s Bureau (MIB). The MIB is a non-profit organisation that provides compensation and support to victims of hit and run road traffic accidents.

The MIB is funded through contributions from insurance companies operating in the UK. Insurance companies that provide motor vehicle insurance are required by law to contribute to the MIB as part of their commitment to supporting compensation for victims of uninsured or untraced drivers.

Before assigning compensation, the MIB will investigate your claim, which may involve obtaining your medical records, statements from witnesses and a police report of the accident. They may also arrange a medical exam to assess your injuries and any long-term consequences. At the end of this process, they will usually agree on a compensation award.

For more information about starting a pedestrian accident claim after a hit and run, call 0800 470 0474 to speak to a legal adviser. They will approach the MIB on your behalf and help secure compensation for your injuries and losses.

What are the most common scenarios leading to pedestrian accidents?

Pedestrian accidents can occur due to a combination of factors involving both pedestrians and drivers, such as:

• Distracted driving. Drivers using mobile phones, texting, adjusting the radio, or engaging in other distractions can fail to spot a person crossing the road.
• Distracted walking. Pedestrians who are distracted by their phones, headphones, or other devices might not pay attention to traffic signals or oncoming vehicles.
• Failure to yield. Drivers failing to give right of way to pedestrians at zebra crossings or traffic lights can lead to accidents.
• Speeding. Speeding reduces a driver’s reaction time and makes it harder to stop to avoid a pedestrian who suddenly appears.
• Poor road design. Insufficient or poorly designed crossings, inadequate signage, damaged pavements and lack of pedestrian infrastructure can contribute to accidents.
• Driver fatigue or intoxication. Fatigued drivers may have reduced attention and slower reaction times, increasing the risk of accidents. Alcohol, drugs, and medications can also lead to impaired coordination and slower reaction times.
• Poor visibility. Low-light conditions, bad weather, and obscured visibility can make it tricky for drivers and pedestrians to see each other.
• Jaywalking. Although it is not a crime like in America, the risk of an accident is increased whenever people cross a road without using a pedestrian crossing.
• Disregard for traffic signals. Both drivers and pedestrians ignoring traffic signals, stop signs, and other traffic controls can lead to accidents.

If another road user or third party caused your accident by acting negligently, they may be liable to pay you pedestrian injury compensation.

Common injuries that may lead to a pedestrian accident claim

Pedestrians hit by cars or other vehicles can suffer many types of injuries ranging from minor to life-changing and even fatal. However, the most common types of traumas seen in a pedestrian accident claim include:

• Fractures. Pedestrians often suffer fractures and broken bones due to the impact of the collision. These injuries can be painful and may require surgery, casting, or other medical procedures.
• Head injuries. Head injuries, including concussions, skull fractures, and traumatic brain injuries (TBIs), can occur if your head hits the ground, a vehicle, or other objects.
• Spinal cord injuries. Accidents can cause severe damage to the spinal cord, leading to paralysis or long-term mobility issues.
• Back and neck injuries. Whiplash, herniated discs and fractured vertebrae are common in accidents involving pedestrians, often due to the force of impact.
• Soft tissue injuries. Strains, sprains, bruises, and other soft tissue injuries can result from the sudden impact of the collision. These injuries are usually minor but can compromise your daily activities.
• Internal organ injuries. Being hit by a car can cause injuries to internal organs, such as the lungs, liver, spleen, and kidneys.
• Pelvic injuries. Pelvic fractures and injuries to the hip area can be extremely painful and have long-term consequences.
• Emotional distress. Being injured as a pedestrian can lead to emotional trauma, anxiety, and post-traumatic stress disorder (PTSD).

If you got hit by a car and suffered any injury due to someone else’s negligence, you might be eligible for compensation. How much compensation you could receive if you make a successful personal injury claim will largely depend on the type and severity of your injuries and their impact on your life.

How much pedestrian injury compensation will I receive for my accident?

The compensation amount awarded in a pedestrian injury claim will depend on the specifics of your case. The more severe your injuries and the impact that these have on your day-to-day life, the higher your settlement is likely to be.

The Judicial Studies Board offers expected compensation levels for various types and severity of injuries. You can refer to our compensation calculator to get an idea about how much you could receive for the pain, suffering and loss of amenities caused by your accident.

You can also recover the financial costs associated with your accident. It is, therefore, essential that your solicitor has a thorough understanding of all losses you incurred. These could include:

• Loss of earnings from having to take time off work
• Loss of future earning capacity
• The cost of medication and rehabilitation treatment
• Transport costs due to your injuries
• The cost of adapting your home or vehicle to cope with a disability
• Costs of care and assistance, even if provided by a loved one
• Any property damaged in the accident, such as clothes or your phone

Your solicitor will ensure that all your losses and damages are included in your claim and will strive to secure the highest pedestrian injury compensation on your behalf.

Can I claim pedestrian injury compensation for a loved one?

Yes. In certain circumstances, you might be able to claim compensation on behalf of a pedestrian hit by a car or other vehicle. This typically applies when the injured person cannot claim themselves due to their age, the severity of their injuries or other factors. To claim for a loved one, you must apply to the court to be appointed as their litigation friend.

If you become a litigation friend, you must conduct legal proceedings on behalf of the other person. That means you will have the following responsibilities:

• Make decisions that are in the claimant’s best interests
• Try to keep them informed about the case and find their wishes
• Talk to personal injury lawyers and get legal advice
• Pay any fees requested by the court
• Deal with correspondence and legal documents
• Consider any pedestrian injury compensation offers from the defendant

As mentioned above, you can use the litigation friend system on behalf of someone who cannot claim themselves, including:

• A child under 18. Children are not considered to have a well-developed judgment that would allow them to make legal decisions. A parent, legal guardian or another suitable adult could start a pedestrian injury claim on their behalf. Any funds awarded will be held in a court bank account or personal injury trust and can be accessed by the child on their 18th birthday.
• A protected party. This refers to an adult who cannot make decisions due to a mental impairment or other reasons. Some examples where someone might be considered a protected party include:
  • A person who has suffered a severe brain injury, resulting in impaired decision-making capacity
  • An individual suffering from dementia or another neurodegenerative condition
  • People with learning disabilities that affect their ability to understand and make informed decisions, such as ADHD
  • Someone who has a severe mental illness like schizophrenia
• You could also represent an individual whose first language is not English and who may have difficulties communicating with a solicitor.

You can also make a fatal injury claim if you lost a loved one in a road accident due to someone else’s negligence. Under the Fatal Accidents Act 1976, you could claim compensation for financial dependency if you relied on their income, as well as for any services they provided, such as childcare or household chores.

You may also be able to recover any reasonable expenditures related to their funeral and the financial losses incurred between the date of their accident and the date of death. A limited number of dependants qualify for bereavement damages as well. This is a statutory award of £15,120 for the grief and suffering caused by the wrongful death.

To make a pedestrian accident compensation claim on behalf of a loved one or learn more about the litigation friend process, call 0800 470 0474 or request a call back for a free consultation with a legal adviser.

How much will it cost to make a pedestrian accident claim?

Pedestrian injury lawyers recognise that legal processes can often be costly, and this can put victims of accidents off claiming the compensation that they rightly deserve. As such, the solicitors we partner with will work on a no win no fee basis, meaning that you will have no initial financial outlay and zero risk of losing money in pursuing your financial settlement.

Your solicitor will offer their advice, expertise and efforts for free unless they achieve a successful outcome. So, in other words, if they cannot win your claim, you will not pay a penny. If your solicitor is successful, they will recover some of their costs from the settlement awarded. Their success fee will be agreed upon from the beginning and cannot be more than 25% of your compensation.

You will be advised as to what the fee will be and how and when this will be paid during your free consultation and before you proceed. So there are never any unexpected costs involved. Furthermore, your solicitor will take out After the Event (ATE) insurance on your behalf, so you will not have to pay any legal fees if your case fails, such as the defendant’s costs.

What are the time limits for making a pedestrian accident claim?

A pedestrian hit by a car has three years to make a claim from the accident date. If you do not begin a claim within this three-year time limit, the case will be time-barred under the Limitation Act 1980. Although courts have the discretion to extend this time limit under section 33 of the Act, it is usually only applied under extraordinary circumstances.

Although you have three years, you should begin a pedestrian injury claim at the earliest opportunity after your accident. That will help ensure that your memory is clear and evidence is more readily accessible. Your solicitor will help you gather all relevant information, but this will be much easier closer to the accident date.

Almost a third of pedestrian accidents involve children and young people. Children are less likely to have learnt how to cross roads safely and acknowledge potential dangers, which makes them especially vulnerable. If a child got hit by a car, the time limit of three years for initiating a claim begins from the day they turn 18. Alternatively, a parent or guardian may choose to start a compensation claim on their behalf before this date.

Different time limits may also apply in the following circumstances:

• The time limit is suspended if the injured person lacks the mental capacity to start a personal injury claim due to the accident or a pre-existing condition. In this case, a litigation friend could claim for them at any time.
• If you lost a loved one in a fatal accident, you have three years to claim compensation starting from the date of their death.
• If you were injured abroad, the time limit to start a pedestrian accident claim could vary from country to country and may be much shorter than three years.

How long will my claim take to settle?

Each case is unique, and several factors will determine how long it may take for a pedestrian accident claim to resolve. While some claims may settle in as fast as three months, others could take years to conclude. Here are some aspects that can impact the timeline:

• The severity of injuries. Cases involving more severe injuries may take longer to settle due to prolonged medical treatments, evaluations, and recovery.
• Investigation. The time required for gathering evidence, obtaining medical records, and reconstructing the accident scene can affect the duration of the claim.
• Medical treatment. It is often advisable to wait until your medical treatment is complete or stabilised before settling to ensure all medical costs are accounted for.
• Liability disputes. If there is a dispute over who was at fault for the accident, it can lengthen the settlement process.
• Legal complexity. The claim timeline may be extended if legal issues require expert opinions, depositions, or court proceedings.
• The defendant’s response. The other side has up to four months to respond to your claim. The sooner they give you an answer, the quicker you can move on with the case.
• Negotiations. The sooner you can agree on a settlement with the other side, the quicker your claim will be resolved.
• Court proceedings. If the claim progresses to court, this can significantly extend the timeline, as it could take up to a year just to receive a court date.

Your pedestrian injury lawyer will work hard to settle your claim as early as possible. They may also be able to secure interim payments on your behalf if you have pressing financial needs and:

• The other side has admitted liability for the accident and your injuries
• There is clear and detailed evidence to prove liability and the damages you suffered

If you or a loved one got hit by a car and would like to claim compensation, call 0800 470 0474 or use the contact form below for a free case assessment. An experienced legal adviser will let you know if you have a valid claim and how long it may take to settle based on your circumstances.