Learn About Pedestrian Personal Injury Claims

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How Long Do You Have To Make Pedestrian Personal Injury Claims?

In this guide, we explain the time limits for pedestrian personal injury claims, including how long you have to initiate legal proceedings and whether any exceptions can apply. We also look at the eligibility criteria that need to be met to have valid grounds to seek personal injury compensation following a road traffic accident.

pedestrian personal injury claims
How Long Do You Have To Make Pedestrian Personal Injury Claims?

Later, we discuss the duty of care road users owe one another and how a pedestrian accident could occur if this duty is not upheld, as well as the injuries that could potentially be sustained.

Additionally, we show you how compensation is calculated in pedestrian injury claims and what payouts awarded in successful claims could comprise.

If you have a valid claim, one of our specialist solicitors may offer to represent you. If they do, they’ll provide a No Win No Fee service so we explain how that works later in the guide.

We can offer an initial consultation to help you understand whether you’re eligible to seek compensation. Therefore, for free advice about your case, you can:

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Time Limits For Pedestrian Personal Injury Claims

In order to begin a personal injury claim following a pedestrian accident, there are several criteria that need to be fulfilled. One of these is starting your claim within the relevant time limit. For pedestrian personal injury claims, you generally have three years from the date of the accident to initiate legal proceedings. This is as per the Limitation Act 1980.

There are certain exceptions that could apply to the limitation period. For example:

  • If a child is injured in a pedestrian accident, the time limit does not start until their 18th birthday. If no claim is started for them by this point, they will have until they turn 21 to start their own claim.
  • If the party lacks the mental capacity to claim, the time limit has an indefinite pause placed on it. Should the part recover their capacity, they will have three years to start their own claim from the recovery date, provided this hasn’t been done for them already.

In both of these scenarios, it is possible for somebody else to represent the claimant by becoming their litigation friend.

If you’d like to discuss the time limits for pedestrian accident claims in more detail and find out how long you have to seek compensation, call us using the number above.

Eligibility Criteria In Pedestrian Personal Injury Claims

Road users owe a duty of care to one another which requires them to prevent causing damage or harm to themselves or others while using the roads. To uphold this duty, they need to adhere to the Highway Code and the Road Traffic Act 1988.

It may be possible to begin a personal injury claim following a pedestrian accident if:

  • You were owed a duty of care by another road user.
  • This duty was breached.
  • You suffered an injury as a result of the breach.

The above points lay the foundation of negligence in personal injury claims. If it can be proven that negligence occurred, you could have valid grounds to seek compensation. To discuss your next steps, please call us today.

How Could Driver Negligence Lead To A Pedestrian Accident?

Here are some examples of how negligent driving can result in pedestrian injuries:

  • A driver who was distracted by their mobile phone knocked a pedestrian over on a zebra crossing. This caused the pedestrian to suffer broken bones and a serious neck injury.
  • The driver of a public transport vehicle failed to stop at a red light and knocked over a pedestrian. This led to a serious head injury leading to brain damage.
  • A drunk driver was speeding, lost control of their vehicle and mounted the pavement before knocking over a pedestrian. This caused life-changing physical and mental injuries, such as paralysis and depression.

Please note, not all pedestrian accidents will form the basis of a valid claim. You must prove that a driver breached their duty of care and caused you to sustain an injury.

For free legal advice about pedestrian personal injury claims, please contact us on the number above.

Calculating Pedestrian Accident Injury Compensation Payouts

You might be wondering, “How much compensation for a pedestrian accident could I receive?”. The value of each personal injury claim will differ depending on the unique circumstances of each case.

Generally, though, a settlement awarded following a successful claim could comprise up to two heads of loss. The first head of loss that might make up a pedestrian accident compensation payout is general damages. This compensates for the pain and suffering of your injuries, physical and/or psychological.

Reference can be made to the Judicial College Guidelines (JCG) alongside medical evidence when valuing general damages. The JCG contains guideline valuation brackets for a range of injuries.

The table below contains JCG figures, with the exception of the first entry.

Compensation Table

Type of InjuryLevel of SeverityGuideline Compensation BracketExtra Information
Multiple Severe Injuries + Special DamagesSevereUp to £1,000,000 + Compensation for the physical and emotional impact of multiple severe injuries plus special damages, such as care costs, loss of earnings, and the cost of home adaptations.
ParalysisTetraplegia£324,600 to £403,990Paralysis of the lower and upper body. Factors considered when determining the award include age and the presence/ extent of any depression.
Brain DamageVery Severe £282,010 to £403,990The person needs care full time, has poor language function, double incontinence, and minimal to no meaningful response of their environment.
Back Severe (i)£91,090 to £160,980Cases of back injuries with serious consequences involving spinal cord and nerve root damage.
Severe (ii)£74,160 to £88,430Back injuries with features such as nerve root damage alongside loss of sensation, impaired bladder and bowel control, unsightly scarring and impaired mobility.
NeckSevere (i)In the region of £148,330Cases in this bracket include a neck injury linked to incomplete paraplegia.
Moderate (i)£24,990 to £38,490Fractures or dislocations that cause severe and immediate symptoms which require a spinal fusion.
Pelvis and HipsModerate (i)£26,590 to £39,170While this type of hip injury is significant, any permanent disability won't be major and there won't be a great deal of future risk.
LegLess Serious (i)£17,960 to £27,760Cases of serious soft tissue injuries or leg fractures that result in an incomplete recovery.

Claiming Special Damages After A Pedestrian Accident

A payout following a successful claim could also include special damages which is the second head of loss. This compensates for the monetary or financial losses you have experienced because of your injuries. For example:

  • Lost income.
  • Care costs.
  • Medical expenses.
  • The cost of adapting your home.

Other expenses could also be covered by successful pedestrian personal injury claims. You will need to provide wage slips, bank statements, receipts or other proof of your expenses to support your claim.

Why not speak to us today to check how much pedestrian accident injury compensation you might be entitled to following a successful claim?

What Evidence Can Help You Claim Pedestrian Accident Compensation?

Evidence could help to support pedestrian personal injury claims by showing that another road user breached their duty of care causing a pedestrian to suffer an injury. As such, you could gather the following to strengthen your case:

  • Contact information for any potential witnesses.
  • Dashcam or CCTV footage of the accident.
  • Details of any medical treatment received shown via copies of medical records.
  • Police reports, if applicable.
  • Photographs of your visible injuries and the accident scene.

If your claim is accepted by one of our solicitors, they could help you collect evidence and build your case as part of their services. To find out whether you could be eligible to instruct a solicitor to represent your case and learn more about the services they offer, get in touch on the number above.

Use A No Win No Fee Personal Injury Solicitor To Claim For A Pedestrian Injury

Our expert solicitors who have experience handling pedestrian accident personal injury claims provide a No Win No Fee service by offering a Conditional Fee Agreement (CFA).

The terms of a CFA typically mean you:

  • Don’t pay for your solicitor’s services in advance, while the claim is being processed or if it fails.
  • Will have to pay a success fee from your compensation if your claim is successful. This is paid to your solicitor as a percentage of your compensation. However, the percentage is legally capped ensuring you keep the majority of your settlement.

To see if one of our No Win No Fee solicitors could represent your case, you can:

  • Call 0151 375 9916 to review your options.
  • Use our 24/7 live chat service.
  • Contact us online to begin the claims process.

Read More About Pedestrian Personal Injury Claims

Here are a few more of our road traffic accident claims guides:

Finally, we’ve included some useful information from external sources too:

Our team are ready to answer any additional questions about pedestrian personal injury claims. Therefore, please get in touch if you require any further information.

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