Pedestrian Accident Claims – How Much Compensation Could I Claim?

Have you been involved in a road traffic accident as a pedestrian? In this guide to pedestrian accident claims, we are going to examine how you can make a personal injury claim for compensation.

Firstly, we are going to look at the eligibility criteria for a pedestrian in a road accident to make a compensation claim, followed by different types of pedestrian accidents and who could be at fault.

This guide will also take a look at how such claims are made if the driver at fault leaves the scene of the accident or is uninsured. This will lead us on to examining the importance of evidence in proving who is liable for the road traffic accident. In this section, we will provide a list of proof that you can gather to support your case.

It is vital to be aware of the time limits that are involved in making a personal injury claim. For that reason, we will advise how long you have to start your case. Additionally, as part of this guide, we will look at how compensation is calculated under two heads of loss in any successful personal injury claim.

In the final sections of our guide, we are going to inform you of the benefits of instructing a road traffic accident solicitor on a No Win No Fee basis and the the advantage this gives to you the claimant.

Get in touch if you would like to know more. You can:

  • Call us on 020 3870 4868.
  • Contact us via our web form.
  • Talk to us now using that Live Chat button at the bottom of your screen.

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What Are Pedestrian Accident Claims?

Pedestrian accident claims are legal actions taken by pedestrians injured by the negligence of other road users. This kind of claim is bring pedestrians to the position of the accident having never happened. As you cannot reverse pain and suffering, compensation is usually awarded instead.

To make a pedestrian accident claim, you must show that the person responsible was negligent. This is when:

  • Another road user owed you, a pedestrian, a duty of care.
  • That road user conduct breached their duty of care.
  • That road user’s breach caused you harm.

You will likely not have to show that another road user owed you a duty of care, as all road users have a duty of care to each other. To uphold this duty, road users must abide by the Highway Code and Road Traffic Act 1988. If they neglect the rules of the road in any way, they also breach their duty of care.

To have your case assessed for free in a no-obligation consultation, call our advisors today. Their details can be found at the top of this page.

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What Can Lead To A Pedestrian Accident?

In this section, we will consider example of pedestrian accidents that could lead to successful personal injury claims.

  • A driver checks their phone and does not see you step onto the road. They knock you down, causing a serious neck injury.
  • A motorcyclist mounts the pavement to avoid traffic. They lose control and run over your foot as you sit at a bench. You are left with a broken ankle.
  • A lorry driver reverses without checking their mirror and knocks you over. You fracture your forearm.

Our advisors can advise on the pedestrian accident compensation claims process in one quick phone call. Contact them today via the methods above.

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Can I Claim For A Pedestrian Accident If I Was Partly At Fault?

Pedestrian accident claims are still possible if you are partly at fault.

If so, your compensation may be reduced by an amount equivalent to your responsibility. This is known as split liability. In other words, you may only receive half of the compensation if half of the blame was yours.

To discuss how your claim might be affected, get in touch via per the details above.

What Are Pedestrian Hit and Run Claims?

In their annual reports for the year ending 2023, the Motor Insurers’ Bureau (MIB) revealed that they supported more than 35,000 victims of uninsured hit and run driving alone. That’s a decrease from 42,000 the year before. Over that same period, the Department for Transport’s report on road casualties show a 5% increase in pedestrian fatalities.

If you have been injured in a hit and run road traffic accident, you could still make a claim for compensation as long as the driver is at least partially at fault for the accident.

The MIB is an organisation that provide compensation for those injured by the fault of:

  • Drivers who cannot be traced.
  • Uninsured drivers.

Our panel of solicitors can help you with making a claim via the MIB. Get in touch using the details at the start of this guide.

What Evidence Can Be Used In Pedestrian Accident Claims?

Evidence is crucial to the pedestrian accident claims process. You will need to clearly show that a duty of care was breached and that this breach caused your injuries.

  • Witness Contact Details – our panel of solicitors can take statements from anyone who saw your accident happen.
  • Medical Evidence – GP notes or a report from a relevant expert show the link between your accident and injuries.
  • Media – the Data Protection Act 2018 gives you right to request any CCTV or dashcam footage in which you appear.
  • Documents – incident reports, travel tickets, or receipts from local shops can place you at the scene.

Do you believe you have the evidence that could support your claim? Unsure if you can prove your case? Contact one of our advisors now via the information above.

A blue ring binder labelled "evidence" sits on top of a small pile of notepads, documents, and stationary.

How Long Do I Have To Claim For A Pedestrian Accident?

The Limitation Act 1980 allows three years for pedestrian accident claims. This starts from the day you are injured. On the third anniversary or after, you can no longer claim.

Exceptions to this rule include individuals who cannot claim by themselves.

  • Children have three years from when they turn 18. A parent or guardian can be appointed as a litigation friend before this time.
  • Those who do not have the mental capacity to claim for themselves have the time limited paused indefinitely. While the time limit is paused, the Court can appoint a litigation friend to act on their behalf. If they regain the capacity to claim and no claim has been made on their behalf, they have three years from the date of their recovery.

A clock with a white face and black numbers indicates that time is passing.

Call our advisors today if you believe a child or vulnerable road user in your life deserves compensation. You can find our details at the top of this page.

How Much Compensation For A Pedestrian Accident?

A pedestrian accident claim settlement may involve kinds of compensation.

  • General damages compensation for your pain and suffering.
  • Special damages compensation for your financial losses.

Solicitors use the Judicial College Guidelines (JCG) to estimate general damages. The JCG is a document that provides a list of different types of injuries and illnesses along with their severities, accompanied by guideline compensation brackets.

The brackets in the table below come from the guidelines by the Judicial College, apart from the first line.

InjuryCompensation
Multiple severe injuries with special damagesUp to £1,000,000 or more
Very severe brain damage usually involving quadriplegic cerebral palsy or "locked in" syndrome£344,150 to £493,000
Moderate (i) brain damage with severe effects on intellect, personality, or employment£183,190 to £267,340
Less severe brain damage where lifestyle, leisure, or employment are affected£18,700 to £52,550
Total BlindnessIn the region of £327,940
Complete Loss of Sight in One Eye£60,130 to £66,920
Very serious leg injuries leading to permanent mobility issues£66,920 to £109,290
Severe arm injuries but which are less than amputation£117,360 to £159,770
Moderate (i) injury to the pelvis or hips where disability is permanent but not major£32,450 to £47.810
Moderate shoulder injury causing discomfort or limited mobility for around two years£9,630 to £15,580

Can I Claim For Loss of Earnings Caused By A Pedestrian Accident?

Special damages restore losses that follow from your accident, so long as you can prove them. For example, you could claim for loss of earnings.

Other examples of special damages include:

  • Loss of earning potential.
  • Medical or travel expenses.
  • Care or housekeeping costs.
  • Overheads on accessibility adjustments.
  • Property damage from the accident.

If you have experienced losses because of a pedestrian accident but are not sure if you can prove it, our panel of solicitors can help you find the evidence you need. Contact them via the details at the start of this page.

Can Pedestrian Claims Be Made On A No Win No Fee Basis?

Our panel has decades of experience helping pedestrians affected by road traffic accidents, providing:

  • Knowledge of the latest legal developments.
  • Resources to gather the strongest evidence possible.
  • Time to explain every step of the process.
  • Expertise to get it right the first time.

Finally, they can do all of this without you spending a penny.

Our panel of solicitors can offer their services on a No Win No Fee basis. This is made possible by a Conditional Fee Agreement (CFA), a document that guarantees that you:

  • Pay nothing for their services while your claim is ongoing.
  • Pay nothing for their services if you lose.
  • Pay a small capped percentage of your award if you win.

If you think a pedestrian accident claim could lead you to a better tomorrow, contact our team of advisors today for a free initial consultation with no obligation. We can help.

  • Call us on 020 3870 4868.
  • Contact us via our web form.
  • Talk to us now using that Live Chat button at the bottom of your screen.

Read More About Road Traffic Accident Claims

To help you better understand road traffic accidents and how they affect pedestrians, we have gathered some resources below.

Here are some more articles from UK Law:

Here are some articles from the wider internet:

  • Victim Support Standards – get help from the National Road Victim Service
  • Think! – Road stats from the Department for Transport’s safety campaign
  • Road Safety Data – comprehensive datasets from the UK Government

Thank you for reading our guide on pedestrian accident claims.