Am I Eligible To Make A Pedestrian Hit By A Car Claim?

Whilst you are crossing the street or walking on the pavement, you expect to feel safe and be at no risk of injury. Unfortunately, some drivers do not drive with the care and attention that they should, and this can result in you or someone you love being injured.

Being struck by a car as a pedestrian can have life altering effects and result in devastating injuries. In this pedestrian hit by a car claim guide we will provide you with the information you need to know about making a claim for compensation.

We will explain how a driver could breach their duty to you, what types of injuries this can cause and how any compensation you are owed can be calculated.

Finally, we will explain how one of the solicitors on our panel, who are experts in these types of claims, can help you on a No Win No Fee basis.

Whether claiming for yourself or on behalf of a child hit by a car, you will find our sensitive advisors friendly and knowledgeable. You can use the menu below to navigate the guide, or if you would like to start the process of claiming immediately, you can:

A pedestrian hit by a car is lying injured on a zebra crossing.

Browse Our Guide

  1. Can I Claim If I’m A Pedestrian Hit By A Car? 
  2. What Are The Most Common Pedestrian Injuries? 
  3. What Do I Do After A Pedestrian Car Accident?
  4. Can I Make A Pedestrian Hit By A Car Claim If The Vehicle Involved Doesn’t Stop?
  5. Pedestrian Hit By A Car Claim – Can I Claim On Someone Else’s Behalf?
  6. How Much Pedestrian Injury Compensation Could I Receive?
  7. Can I Make APedestrian Hit By A Car Claim On A No Win No Fee Basis?
  8. Learn More About How To Make A Personal Injury Claim

Can I Claim If I’m A Pedestrian Hit By A Car?

As a pedestrian hit by a car, you may be eligible to claim compensation. However, your injuries must have been caused by the breach of duty by the car driver.

Those driving cars have a duty to other road users. They must drive in a way that avoids harm. To do this, they are expected to follow the rules set out in the Road Traffic Act 1988 and the Highway Code. If they do not follow these rules, they could cause an accident and injure someone.

Here are the specific criteria to bring a compensation claim if you are a pedestrian hit by a car:

  • The driver of the vehicle must owe you a duty of care
  • This duty must have been breached
  • This breach must cause your injuries

Here are some examples of how this may happen:

  • A pedestrian is safely crossing at a zebra crossing; however, a driver overtakes another motor vehicle when it is unsafe to do so and hits the pedestrian, causing several broken ribs.
  • A car driver does not check their mirrors when reversing into a car park space. They fail to notice a child behind them and knock them to the ground, causing a child brain injury.
  • There is a speeding driver who cannot stop in time when they see that a pedestrian is established on the road attempting to cross. They hit them, causing a broken ankle.
  • A drunk driver mounts the pavement, knocking several pedestrians to the ground and causing multiple injuries.

To discuss any aspect of our pedestrian hit by a car claim guide, contact our advisors today.

What Are The Most Common Pedestrian Injuries?

There are many injuries that a pedestrian can suffer. Some pedestrians may sustain mild injuries, others may be in life threatening or limiting conditions. Here are some examples of injuries pedestrians may sustain:

  • Slight injuries: whiplash, cuts/bruises, sprains/strains etc.
  • Less serious injuries: deep cuts, minor fractures to limbs, minor head injuries etc.
  • Moderately serious injuries: partial amputations, deeply penetrative wounds, chest injuries, fractures to pelvis or thighs etc.
  • Very serious injuries: severe injuries to the head, chest or spine, internal injuries, loss of consciousness, restricted breathing, etc.
  • In the most serious of cases, a pedestrian could be killed if struck by a car. In this tragic event, a fatal accident claim can potentially be brought.

If you have sustained injuries as a pedestrian hit by a car, contact our advisors today.

A pedestrian hit by a car is injured on the road.

What Do I Do After A Pedestrian Car Accident?

If you are ever involved in an accident as a pedestrian, here are some steps that you could take:

  • Always have your injuries checked out by a medical professional, regardless of how minor you may think they are. This not only allows you to get the medical treatment you need but creates an entry in your medical records. You can request your medical records as part of your evidence to prove the injuries you suffered.
  • Call emergency services. In cases where people are seriously injured, you may need to call the emergency services. If the accident is blocking the road the police would also need to be called. If the police complete an accident report this can also be used as part of the evidence you provide for your case.
  • Take the personal details and insurance details of the driver who hit you.
  • Obtain the personal details of any witnesses to the accident (a statement can be taken later if needed).
  • Get hold of the dashcam or CCTV footage of the accident (if it exists and you are able to).
  • Take images of your injuries, the area of the accident and the drivers vehicle (if you are able to).

Supporting evidence can help you win your case. Therefore, it is important to retrieve all relevant evidence, and this is something the solicitors from our panel can help you with.

For more information on claiming after being hit by a vehicle as a pedestrian, contact our advisors today.

Can I Make A Pedestrian Hit By A Car Claim If The Vehicle Involved Doesn’t Stop?

If you were hit by a vehicle that took the callous action of not stopping, you will not have their details. This is an offence under s170 of the Road Traffic Act 1988, and some people worry that if they do not have the driver’s details, they cannot claim compensation. Fortunately, this is not the case.

To claim compensation in these circumstances, there is an organisation called the Motor Insurance Bureau (MIB), which will potentially make a payout on behalf of the untraced driver. The untraced driver would need to be at fault for the accident for such a payout.

The MIB will investigate the matter and may even attempt to trace the driver in question. If you would like any more support from us, contact our advisors today.

Pedestrian Hit By A Car Claim – Can I Claim On Someone Else’s Behalf?

In most cases, the injured person must start the claim themselves. However, in some circumstances, they may need someone to act on their behalf. Here are the exceptions to this rule:

  • The injured person is a child.
  • The injured person lacks the mental capacity to claim, in accordance with the Mental Capacity Act 2005.

In both of these scenarios, a litigation friend is needed to start a claim. A litigation friend would be to make key decisions on the injured person’s behalf and do so in a way that supports their best interests. The litigation friend is no longer needed when the child turns 18 or if mental capacity is recovered.

Claims for personal injury should generally be started within three years as set out in the Limitation Act 1980. It should be noted that the three year time period does not apply to children, and they have 3 years to start a claim from their 18th birthday. The three year time limit does also not run for those lacking mental capacity but will start to run if capacity is recovered.

If you would like to know more about when you can claim on behalf of someone else, or to discuss any part of this pedestrian hit by a car claim guide, you can reach out to an advisor.

How Much Pedestrian Injury Compensation Could I Receive?

If you are eligible to make a claim, you may be entitled to compensation. Awarded compensation is split into two sections: general damages and special damages.

General damages compensate you for the physical and psychological injuries you sustained following the accident. Those responsible for calculating your compensation may refer to the Judicial College Guidelines.

Here are some example of the injuries from the JCG that you may be compensated for. Please note that they are not guaranteed, merely guidelines. It should also be noted that the top row is not from the JCG.

InjurySeverityCompensation Guidelines
Multiple Serious Injuries and Financial LossesSeriousUp to £1,000,000 plus
ParalysisParaplegia£267,340 to £346,890
Brain DamageModerate (i)£183,190 to £267,340
Neck InjuriesSevere (i)In the region of £181,020
Leg InjuriesAbove-Knee Amputation of One Leg£127,930 to £167,760
Arm InjuriesSevere£117,360 to £159,770
Back InjuriesSevere (i)£111,150 to £196,450
Pelvis And Hip Injuries Severe (iii)£47,810 to £64,070
Facial InjuriesMultiple Fractures of Facial Bones£18,180 to £29,220
Knee InjuriesModerate (ii)Up to £16,770

Special damages compensate you for any financial losses caused by your injuries. For example, you may be compensated for:

  • Loss of wages/income. This may be due to time off because of injuries/recovery and may also include missed benefits, e.g. bonuses and missed pension contributions.
  • Medical assistance/treatments.
  • Travel costs. This may be to and from appointments, professional meetings, etc.
  • Home adjustments, e.g. ramps, stairlifts etc.
  • Special equipment, e.g. wheelchair, walking aid, etc.

However, to be compensated for special damages, you must provide evidence of the financial losses you incurred. This may include:

  • Pay slips
  • Bank statements
  • Medical bills
  • Receipts

Many potential items of financial loss could be added to a claim. Our advisors are happy to answer your questions, so why not phone today for a free case assessment?

Can I Make A Pedestrian Hit By A Car Claim On A No Win No Fee Basis?

If you are eligible to make a claim, our panel want to help you. Using their expertise, they can help you achieve a fair sum of compensation for your injuries and losses. They can walk you through your claim, may help gather any evidence and explain any key legal terms to you.

Further, our panel work on a No Win, No Fee basis by offering you a Conditional Fee Agreement (CFA). Under a CFA you will pay no upfront or ongoing for solicitors costs. One of the key features of a CFA is that if your case is unsuccessful, there are no solicitor fees.

If your case is successful then your solicitor will deduct a percentage of the compensation to pay their success fee. This is at the conclusion of the case and the percentage is agreed upon with you at the start of the claim. The size of the percentage is also capped, meaning you keep the majority of the compensation.

If you were a pedestrian hit by a car, contact our advisors today to see if you are eligible to claim compensation:

Personal injury lawyers work on a pedestrian hit by car claim.

Find Out More About Road Traffic Accidents

Here is access to more information on making a personal injury claim:

References:

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