What Types Of Evidence Could Be Used In A Pedestrian Claim Against A Driver?
In this guide, we look at when you could make a pedestrian claim against a driver following a road traffic accident. We discuss the duty of care all road users owe one another and the eligibility requirements that must be met in order to have a valid personal injury claim.
Additionally, we will share examples of the evidence that could be used to support pedestrian injury claims. We will also discuss the different types of accidents that could cause a pedestrian to become injured and the various injuries that could be suffered.
Furthermore, within this guide, we will share how compensation may be calculated in personal injury claims and the different heads of loss that could make up your settlement. We will end this guide by looking at how one of our No Win No Fee solicitors could help you with making a pedestrian injury claim.
If you have any questions about the personal injury claims process or would like to receive free advice for your pedestrian accident claim, you can contact one of the advisors on our team. They can be reached by:
- Calling 0151 375 9916.
- Contacting us online for a callback.
- Asking a question using the live chat pop-up.
Choose A Section
- What Evidence Could Help You Make A Pedestrian Claim Against A Driver?
- When Are You Able To Make A Pedestrian Claim Against A Driver?
- Driver Negligence That Could Lead To A Pedestrian Accident Claim
- How Much Compensation For Pedestrian Claims?
- Claim Pedestrian Accident Compensation On A No Win No Fee Basis
- More Useful Resources About Pedestrian Accident Compensation Claims
If you are eligible to make a pedestrian claim against a driver for your injuries, you will need to present evidence that supports your case. This evidence will need to show how the driver was liable for the accident, and the extent of the injuries you suffered.
Some examples of evidence that could be used to support pedestrian injury compensation claims include:
- Photographs of the accident scene and the visible injuries you suffered.
- A police report, if they were called to the accident.
- CCTV and dashcam footage of the accident.
- Witness contact details. They may be able to provide a statement at a later date about the accident.
- A copy of your medical records confirming the injuries sustained and the medical treatment they needed.
Continue reading this guide to see whether you may be eligible to make a personal injury claim. You could also contact one of our advisors with any questions you may have.
Anyone who uses the roads is considered a road user. This includes pedestrians, cyclists and drivers. All road users must use the roads in a safe, responsible manner to avoid causing injury to themself and others. This is their duty of care. Road users must also adhere to the Road Traffic Act 1988 and the rules within the Highway Code.
Rule 204 of the Highway Code defines pedestrians as the most at-risk road users for road traffic accidents. Therefore, those who present the highest risk of causing harm have the greater responsibility to reduce the danger or threat they pose.
If you have been injured as a pedestrian and would like to make a personal injury claim, you first must ensure you meet the following eligibility requirements:
- You must have been owed a duty of care by another road user.
- They must have breached their duty of care.
- This breach must have caused you to suffer an injury.
To see whether you could make a pedestrian claim against a driver, you can contact one of the advisors on our team. They could also help answer questions such as, ‘How long do you have to make pedestrian personal injury claims?’.
There are various ways that you could be injured by a driver as a pedestrian. Some examples could include:
- A drunk driver hits you while you are walking on the pavement due to their reckless driving. This causes you to suffer multiple severe injuries, such as damage to your spinal cord and a severe neck injury.
- A speeding driver fails to come to a stop in time as you are crossing at a zebra crossing. They crash into you and you suffer a broken arm as a result.
- Due to being distracted by their phone, a driver fails to notice a red light at the junction you are crossing. You suffer a broken leg and a dislocated shoulder due to the car hitting you.
These are only a few examples of how pedestrian accidents could take place. To see whether you could be eligible to make a pedestrian claim against a driver, you can contact our advisors for a free case assessment.
A successful settlement for a pedestrian claim against a driver could comprise of two heads of loss.
The first is known as general damages and it is awarded in all successful personal injury claims. This compensates you for the pain and suffering caused by your pedestrian injuries, including the impact they have had on your quality of life.
Those calculating your claim for general damages can refer to medical assessments and documents like the Judicial College Guidelines (JCG) for guidance. This publication provides guideline compensation brackets for various injuries listed in order of severity. We have used some of these guidelines when creating the following table.
Please only refer to it as a guide. Furthermore, the first entry has not been taken from the JCG.
|Area of Injury
|Severe Multiple Injuries Plus Financial Losses
|Multiple injuries that are severe and their financial losses such as care costs, travel fares and loss of earnings.
|Up to £1,000,000+
|(a) Very Severe
|Some remaining ability to follow basic commands, but issues such as double incontinence and need for full-time nursing care required.
|£282,010 to £403,990
|(a) Severe (i)
|Injuries associated with incomplete paraplegia or where despite wearing a collar 24 hours a day for several years little or no movement returns.
|In the region of £148,330
|(a) Severe Injuries
|Injuries that have fallen short of needing amputation, such as a serious brachial plexus injury.
|£96,160 to £130,930
|(b) Severe (ii) Very Serious
|Injuries that lead to permanent mobility problems and may necessitate the use of walking aids for the remainder of that person's life.
|£54,830 to £87,890
|(a) Severe (iii)
|Injuries that cause pain and discomfort, as well as limited movement and instability.
|£26,190 to £43,460
|(b) Moderate (i)
|Despite a significant initial injury to the pelvis, any future risk is not great and any permanent disabilities are not major.
|£26,590 to £39,170
|(b) Moderate (i)
|Compression or crush fractures in the lumbar vertebrae and where a risk of constant pain and osteoarthritis present themselves.
|£27,760 to £38,780
|(b) Less Severe
|Injuries that cause impaired function but do not require major surgery or leave significant disability.
|£15,650 to £32,010
|Fractures and tears to the ligaments that cause walking disabilities that are less severe such as difficulty on uneven ground or standing for prolonged periods.
|£13,740 to £26,590
Can Financial Losses Make Up Part Of Your Pedestrian Accident Injury Compensation?
The second head of loss you could claim for is called special damages. This reimburses you for the financial damage and expenses caused by the injuries suffered. However, when claiming for special damages, you will need to provide evidence of them.
Some examples of the losses you could be compensated for and the evidence you could use to prove them include:
- A loss of earnings, both past and future. Paylips could be used to prove these losses.
- Medical expenses, such as prescription fees. The receipt for this prescription fee could be used as evidence.
- Travel expenses to essential appointments. Receipts or bank statements could help with proving these expenses.
- Care costs if you required at-home care. A copy of the carer’s invoice could be presented as evidence.
For a free valuation of how much compensation you could potentially receive for your pedestrian claim against a driver, you can contact our advisors. They can also help answer any questions you may have about claims made for road traffic accidents.
One of our expert solicitors could help you with making a pedestrian claim against a driver, provided you meet the eligibility requirements. Additionally, our personal injury solicitors generally offer their services under a No Win No Fee arrangement known as a Conditional Fee Agreement.
There are various advantages to making a pedestrian accident compensation claim with a solicitor under this arrangement. Firstly, you generally won’t be expected to pay them a fee upfront or while the claim is progressing for their services. Furthermore, there will be nothing to pay for the work they have provided on your case if it ends unsuccessfully.
However, if your solicitor is successful in claiming compensation for you, they will be owed a success fee. This is a small percentage that is taken directly from your compensation. This percentage is subject to a legal cap which helps ensure you keep the majority of what you receive.
If you have any further questions about making a claim as a pedestrian hit by a car, or to see if one of our No Win No Fee solicitors could help you claim compensation for your injuries, you can contact our advisors. Our advisory team is available 24/7 to answer your questions and offer free advice.
To reach them, you can:
- Call 0151 375 9916.
- Contact us online to receive a callback.
- Connect to an advisor online via the live chat feature below.
Other road traffic accident claims guides by us:
- In this guide, we discuss when can you make a car accident claim in greater detail.
- A guide regarding motorbike accident injury claims and when you could have a valid claim.
- Advise on how to claim for a cycling accident if you were injured as a cyclist.
Also, here are some helpful external resources:
- Rules from the Highway Code for pedestrians to be aware of.
- Helpful road safety and accident statistics from Gov.UK.
- Guidance on when to call 999 from the NHS.
If you are still unsure whether you could make a pedestrian claim against a driver, you can contact one of the advisors on our team.