Learn About Pedestrian Accident Claims

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A Guide To Pedestrian Accident Claims

This guide will discuss pedestrian accident claims, including when you could be eligible to seek personal injury compensation following a pedestrian accident that caused you to sustain an injury. We also look at the evidence you could gather to strengthen your case and how a No Win No Fee solicitor could assist you.

pedestrian accident claims
A Guide To Pedestrian Accident Claims

Later in our guide, we discuss the duty of care a road user owes and the laws they need to adhere to. We also provide examples of how a pedestrian accident could occur if this duty is breached.

Furthermore, we discuss how compensation payouts in road traffic accident claims are calculated and what they could comprise.

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

  • Call us on 0151 375 9916.
  • Complete our “Contact Us” form to discuss your potential case.
  • Connect to an advisor online via the live chat feature below.

Browse Our Guide

  1. Eligibility Criteria For Pedestrian Accident Claims
  2. Examples Of How A Pedestrian Accident Could Occur
  3. Calculating Pedestrian Accident Claims
  4. What Evidence Could You Use In Pedestrian Accident Claims?
  5. Use A No Win No Fee Personal Injury Solicitor To Help You Claim
  6. Learn More About Making A Pedestrian Claim Against A Driver

Eligibility Criteria For Pedestrian Accident Claims

The Road Traffic Act 1988 and the Highway Code must be adhered by road users so they can uphold their duty of care. This duty requires them to navigate the roads in a way that avoids harm or damage being sustained by themselves and others.

As per Rule 204 of the Highway Code, pedestrians are considered a vulnerable road user. Furthermore, the rule states that those that pose the highest risk of causing harm, have the greater responsibility to reduce the danger or threat they pose to others. As such, whilst both pedestrians and drivers owe one another a duty of care, a driver would have a greater responsibility than a pedestrian when using the roads.

To be eligible to begin a personal injury claim as a pedestrian, you need to prove the following:

  • A duty of care was owed to you by a driver.
  • This duty of care was breached.
  • Because of this, you suffered physical and/or psychological harm.

In tort law, these points define negligence and all three need to be demonstrated to start a personal injury claim.

Speak to our team if you would like to discuss your specific case and find out more about the eligibility criteria for pedestrian accident claims.

Examples Of How A Pedestrian Accident Could Occur

Below, we have provided some examples of how a pedestrian accident could occur:

  • A drunk driver collides with a pedestrian on a zebra-crossing causing them severe spinal damage.
  • A motorist jumping a red light hits a pedestrian as they cross the road, leaving them with head injury.
  • A driver distracted by their mobile phone fails to check a junction is clear and collides with a pedestrian causing them to sustain multiple injuries, including paralysis and a leg injury.

Can You Claim For A Hit And Run Accident?

In accidents involving an uninsured or untraceable driver, you may still be able to seek pedestrian accident compensation, provided you meet the eligibility criteria mentioned above.

You could do so by claiming through the Motor Insurers’ Bureau (MIB). The MIB provide a way to seek compensation to those who can’t claim through the normal routes.

For more information on MIB claims, please call an advisor on the number above.

Calculating Pedestrian Accident Claims

Settlements awarded in successful pedestrian accident claims can consist of up to two heads of loss:

  • General damages: Compensate for the pain and suffering caused by physical and/or psychological injuries.
  • Special damages: Compensate for any financial costs incurred due to your injuries. This can include medical costs, care costs, and lost income. Evidence in the form of payslips, invoices, and receipts can help prove these losses.

As part of the pedestrian accident claims process you might need to sit for an independent medical assessment. The findings of the assessment can then be used in conjunction with the injuries and corresponding guideline compensation brackets listed in the Judicial College Guidelines (JCG).

Compensation Table

The figures in the table are from the JCG, with the exception of the first entry. Please use the figures as a guide only.

InjurySeverityCompensation Bracket - GuidelinesNotes
Serious Multiple Injuries Plus Special DamagesSeriousUp to £1,000,000+Compensation for multiple injuries of a serious nature as well as financial losses incurred as a result, such as lost income, care costs, and medical costs.
Brain DamageVery Severe (a) £282,010 - £403,990The person needs full-time nursing care.
Moderately Severe (b) £219,070 - £282,010A very serious disability requiring constant care and substantial dependence on others.
Moderate (c) (i)£150,110 - £219,070A moderate to modest intellectual deficit with a personality change and impact on the senses.
ParalysisTetraplegia£324,600 - £403,990Upper and lower body paralysis.
Paraplegia£219,070 - £284,260Lower body paralysis.
NeckSevere (a) (i)In the region of £148,330Incomplete paraplegia with an associated neck injury.
Moderate (b) (i) £24,990 - £38,490Dislocations and fractures that may require spinal fusion surgery.
LegSevere (b) (i) £96,250 - £135,920Injuries of the most serious nature but falling short of amputation, such as an extensive degloving of the leg.
Less Serious (iii)Up to £11,840
Simple tibia or fibula fractures are included in this bracket.

To learn more about personal injury settlements, please contact an advisor on the number above.

What Evidence Could You Use In Pedestrian Accident Claims?

Examples of the evidence that could help support pedestrian accident claims include:

  • Photographs of your injuries and the accident scene.
  • A police report, if necessary.
  • CCTV and dashcam footage of the accident.
  • Witness contact details.
  • A copy of your medical records that show your injuries.

If you have an eligible case, you could instruct one of our solicitors to help you seek compensation. They offer several services, including assistance with collecting evidence, building your case, and ensuring everything is submitted in the correct time frame.

For more information on how our pedestrian accident claim solicitors could assist you, call an advisor on the number above.

Use A No Win No Fee Personal Injury Solicitor To Help You Claim

If you choose to instruct one of solicitors with experience handling pedestrian accident claims to represent you, they could offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee contract that typically means no fees are required for the solicitor’s services:

  • Upfront to begin the claim.
  • As the claim proceeds.
  • If the claim fails.

A success fee needs to be paid if the claim has a positive outcome. This is taken as a legally restricted percentage from the compensation which ensures that the bulk of the payout always goes to the claimant.

If you would like to learn more about working with a No Win No Fee solicitor from our panel, please get in touch via the details below:

  • Call us on 0151 375 9916.
  • Complete our “Contact Us” form to discuss your potential case.
  • Connect to an advisor online via the live chat feature below.

Learn More About Making A Pedestrian Claim Against A Driver

In addition to pedestrian accident claims, these other articles may help:

In addition to this, we included some external resources to help:

Thank you for reading this guide on pedestrian accident claims and whether you could be eligible to seek compensation for your injuries. Our team is available to answer any other questions you may have regarding your potential case.

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