Claim Compensation As A Pedestrian Hit By A Car

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How Much Compensation For A Pedestrian Hit By A Car?

This article answers the question ‘How much compensation a pedestrian hit by a car could be awarded in a successful personal injury claim?’. If so, this guide could help. It will discuss how settlements awarded in successful pedestrian accident claims are calculated and how they aim to address the different impacts of the injuries sustained.

Additionally, we discuss the duty of care road users owe one another and when you could be eligible to begin a claim following an accident caused by another road user breaching this duty of care.

Serious injuries could be suffered in pedestrian accidents, such as spinal injuries and broken bones that cause permanent mobility issues. Head injuries leading to brain damage could also be suffered. Later, we discuss examples of how road traffic accidents involving pedestrians could occur and the harm they could sustain as a result.

To help you further, we explain how a pedestrian accident claim could be strengthened with supporting evidence, such as witness contact details so statements can be taken at a later stage of the claims process to corroborate your account.

We also explain how you could be supported by one of our personal injury solicitors under a type of No Win No Fee arrangement if your claim is valid and what this means.

If you have any other questions about road traffic accident claims, please contact our helpful team of advisors. To do so, you can:

  • Phone 0151 375 9916.
  • Ask any questions via our live chat service.
  • Contact us online so that we can arrange a callback.

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How Much Compensation For A Pedestrian Hit By A Car?

If you make a successful pedestrian accident compensation claim, you could be awarded a payout that comprises two heads of loss.

The first head of loss is called general damages which compensates for the suffering and pain you have experienced as a result of your injuries, physical, psychological, or both.

To help ascertain the extent of your injuries, you’ll need to attend a medical assessment as part of the claims process. This will be carried out by an independent specialist but you won’t have to arrange this yourself.

After the assessment has been carried out, the report that follows can be used to help value your injuries. Reference can also be made to the Judicial College Guidelines (JCG) which lists guideline compensation brackets against a vast array of injuries.

Compensation Table

The compensation table below shows figures from the JCG, with the exception of the first entry. You should use the table as a guide because settlements awarded in successful pedestrian accident compensation claims can very depending on the unique facts and circumstances of each case.

InjurySeverity LevelCompensation GuidelinesExtra Details
Multiple Serious Injuries + Special DamagesSeriousUp to £1,000,000 + To compensate for physical and emotional impact caused by multiple injuries of a serious nature. Additionally, special damages to cover financial costs incurred as a result, such as lost income, care costs and home modification costs.
Brain/HeadVery Severe £282,010 to £403,990Little, if any, meaningful environmental response, double incontinence, little or no language function and the requirement for nursing care full time.
Leg Amputations (i)£240,790 to £282,010Both legs are lost.
ParalysisQuadriplegia£324,600 to £403,990
Paralysis of the upper and lower limbs. Factors, including the person's age and the degree of independence they have, will be considered when determining the award.
Paraplegia£219,070 to £284,260Paralysis of the lower limbs. Settlements are based on the extent of pain; depression; degree of independence; impact on sexual function; age and life expectancy.
Back Severe (i)£91,090 to £160,980Spinal cord and nerve root damage that result in serious consequences, such as severe pain and disability with associated sensation loss, impaired mobility, and bladder and bowel function.
Moderate (i)£27,760 to £38,780A compression or crush fracture to the lumbar vertebrae causing substantial osteoarthritis risk as well as ongoing pain and discomfort.
NeckSevere (ii)£65,740 to £130,930Neck injuries such as damaged discs in the cervical spine or serious fractures resulting in considerably severe disabilities.
Moderate (i)£24,990 to £38,490Fractures or dislocations causing severe and immediate symptoms. A spinal fusion may be needed.
Pelvis and HipsModerate (i)£26,590 to £39,170A significant hip or pelvis injury but any permanent disability isn't major.

Financial Losses Pedestrian Accident Claim

The other head of loss is called special damages which compensates for the financial impact of the injuries. For example, you could seek reimbursement of the following costs:

  • Medical costs.
  • The cost of modifying your home to help you cope with a long-term injury.
  • Future or current lost earnings.
  • Travel expenses.
  • Care costs.

To verify any losses you try to claim back, you will need to provide evidence. This can include receipts, wage slips, or bank statements, for example.

For further guidance on pedestrian accident injury compensation, please get in touch using the number above.

Can A Pedestrian Sue If Hit By A Car?

Road users owe a duty of care to one another to navigate the roads in a way that prevents harm to themselves and others. They do uphold this duty by adhering to the Highway Code and the Road Traffic Act 1988.

As per Rule 204 of the Highway Code, pedestrians are considered vulnerable road users who require extra care as they are most at risk from road traffic. This is particularly the case with children, older adults, and those with disabilities.

Additionally, the rule states that those road users who have the potential to cause the greatest harm, have the greatest responsibility to minimise the danger or threat they pose to other road users. As such, whilst all road users owe a duty of care, drivers have a greater responsibility to reduce the danger they pose to pedestrians.

A failure by another road user to uphold the duty of care they owe, leading to an injury, is defined as negligence in tort law.

Negligence needs to be proven for personal injury claims to be valid. As such, you could claim compensation as a pedestrian hit by a car if you can show the following:

  • A road user, such as a driver, owed you a duty of care.
  • There was a breach of this duty.
  • You suffered a physical and/or psychological injury because of the breach.

Additionally, you need to ensure you start your personal injury claim within the time limit set out in the Limitation Period 1980. This states you generally have three years from the accident date to start legal proceedings. Exceptions can apply, however, such as if the injured person is under the age of 18, or they lack the mental capacity to start their own claim.

Can A Pedestrian Make A Hit And Run Accident Claim?

If you were injured in a hit and run accident as a pedestrian, you could still seek compensation even if the driver is untraceable.

You would do so through the Motor Insurers Bureau (MIB). The MIB helps those involved in accidents with untraceable or uninsured drivers seek compensation where no other avenue is open to do so. 

Call for further guidance on the eligibility criteria and time limits for pedestrian accident claims as well as whether you could seek compensation through the Motor Insurers Bureau.

Examples Of Driver Negligence That Could Lead To A Pedestrian Accident

As set out above, a pedestrian injury claim may be possible if it can be proven that the driver caused the accident and your subsequent injuries because they failed to uphold their duty of care.

Here are some examples of when driver negligence can lead to a car accident involving a pedestrian:

  • A drunk driver mounts the kerb and knocks a pedestrian over. As a result, the pedestrian suffers life-changing injuries, such as a traumatic amputation, serious head injury and paralysis.
  • A driver fails to stop at a pedestrian crossing that is in use because the driver was distracted by their phone. This led to the pedestrian sustaining a serious neck injury.
  • If a child was knocked down while crossing the road at a junction because a car driver was speeding too fast around the corner. As a result, the child sustains multiple bone fractures and internal injuries.

These are a few examples of when driver negligence could result in pedestrian injuries. Our team is happy to advise on pedestrian accident claims so why not call to discuss your case today?

pedestrian crossing accident

What Evidence Could Help In Pedestrian Accident Claims?

You could strengthen a claim for compensation as a pedestrian hit by a car by providing evidence. Evidence can demonstrate how the accident occurred and how you’ve suffered subsequently.

The types of evidence that could be used to support pedestrian injury claims include:

  • Witness contact details of those who saw the accident happen. They could provide a statement at a later date.
  • Any CCTV or dashcam footage of the accident.
  • A police reference number, if applicable.
  • Details of the medical treatment you’ve received for your injuries through copies of your medical records. This can include X-ray scans, doctor reports, and other test results.
  • Photos taken at the accident scene and of your visible injuries.

If you have a valid claim and your case is taken on by one of our solicitors with experience handling pedestrian accident claims, they can assist with the evidence gathering process. Find out more about their services by calling the number above.

Make A No Win No Fee Claim For Compensation As A Pedestrian Hit By A Car

If are eligible to begin a pedestrian accident compensation claim, you could instruct one of our specialist personal injury solicitors to help you. Importantly, they’ll offer their services on a No Win No Fee basis by providing a Conditional Fee Agreement (CFA).

Under the terms of a CFA, you can typically expect the following:

  • You don’t pay your solicitor for their work in advance, while the claim is being processed, or if it’s lost.
  • If your claim is won, a success fee is deducted from your compensation as a percentage. However, the success fee percentage is capped by law ensuring you keep the majority of your settlement.

To see if you could make a compensation claim for a pedestrian accident with a No Win No Fee solicitor, you can use the contact details below:

  • Call us on 0151 375 9916.
  • Ask any questions via our live chat service.
  • Contact us online so that we call you back.

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Read More About How To Make A Pedestrian Accident Claim

Here are some more of our guides on road traffic accident claims:

Also, here are a few external resources that may be of use:

For more information on claiming compensation as a pedestrian hit by a car, please feel free to contact our team using the details provided above.

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