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Pedestrian Accident Claims Solicitors
Find out when pedestrian accident claims can be made, what the compensation covers and how our solicitors work to make the process easier for claimants.
£85 million in compensation
Pedestrian Accident Claims Solicitors
Find out when pedestrian accident claims can be made, what the compensation covers and how our solicitors work to make the process easier for claimants.
When something goes wrong on the road, pedestrians can be left extremely vulnerable because they lack the protection of a vehicle. If another road user’s negligent actions left you with injuries, you may be able to pursue compensation by starting the pedestrian accident claims process. This can help you prioritise your recovery, recoup a variety of costs incurred as a result of your injuries, and provide the funds needed to support your rehabilitation in the short and long term. When your focus is naturally going to be on recovery, you deserve legal representation that will make sure your voice is heard from start to finish. At JF Law, our road traffic accident solicitors understand how important this is, and always take the time to provide compassionate support alongside practical help with gathering evidence and handling correspondence with all involved parties.
Key Takeaways
- In 2024, there were 19,176 pedestrian casualties of all severities reported on British roads
- The main causes of these accidents were ineffective observation, reckless driving, driving too fast for the conditions and exceeding speed limits
- Pedestrians can also be injured by road defects, such as potholes, but who you claim against will depend on the circumstances of the accident
- Claimants often experience broken bones, concussions, or damage to their internal organs as a result of being injured in a pedestrian accident
- If you decide to pursue compensation, you could be supported throughout the process by one of our expert solicitors
You can speak with our advisors today to find out whether one of our solicitors can represent you on a No Win No Fee basis. However, if you’re not sure about making a personal injury claim after enquiring, you can trust that our advice is offered without any strings attached. You are welcome to ask any general questions you have and simply find out more about the process of claiming compensation.
- Call our team on 0151 375 9916
- Submit an enquiry online
What Are Pedestrian Accident Claims?
Pedestrian accident claims are a type of legal action taken by pedestrians seeking compensation for injuries sustained as a result of another road user’s negligent actions, such as a motorist, cyclist, or rider. As vulnerable road users, pedestrians often face severe injuries that can result in lifelong disabilities and significantly reduced quality of life over the short and long term. Compensation can account for these impacts, as well as the financial consequences of your injuries, including lost earnings, rehabilitation costs, and therapy.
Should you have any questions about what a pedestrian accident compensation claim entails, our advisory team is available to help. They are here 24/7 to give you the information you need, free of charge.
Can I Claim If I Was Injured As A Pedestrian?
Yes, you can make a claim if you were injured as a pedestrian, provided you can show that your harm was caused by another party acting negligently on the road. The eligibility criteria for making a road traffic accident claim can be divided into the following requirements:
A Duty Of Care Was Owed To You
All those using the road owe a duty of care to each other, including motorists, cyclists, and pedestrians. This requires these parties to travel safely, whether on a motorway or at a pedestrian crossing, and to avoid causing harm to one another. It also means that they need to follow road laws and guidance, as outlined in the Highway Code and the Road Traffic Act 1988.
There Was A Breach of Duty
A breach of duty occurs when a road user acts negligently. In cases of pedestrian accidents, examples include speeding, driving while intoxicated, and failing to stop at designated crossings.
You Were Harmed As A Pedestrian
The accident must have caused you some degree of harm. Pedestrians lack the protection afforded to motorists, putting them more at risk of suffering life-altering injuries like brain or spinal cord damage, amputations, and damage to internal organs. The trauma of a collision can also lead to pedestrians experiencing lasting psychological harm, such as anxiety and post-traumatic stress disorder (PTSD).
Finding out whether you can make a claim is as simple as contacting our advisors. They have handled many enquiries regarding pedestrian accident claims, so why not get in touch for straightforward answers to your questions?
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What If I Was Partially Responsible For My Accident As A Pedestrian?
If you were partially responsible for the accident as a pedestrian, you may still be able to claim for the injuries you sustained, but the compensation awarded might be adjusted to reflect your share of blame for the incident. This is referred to as a split liability claim.
Split liability might apply if, as a pedestrian, you are found not to have been paying sufficient attention because you were distracted by a phone when you were struck by a speeding car at a designated crossing. Here, the extent of your responsibility will be taken into account when determining the award. Imagine the compensation was £70,000, and you are found to be 20% at fault for the accident. In this scenario, you would receive £56,000 of the final total (an 80/20 split).
Contributory Negligence In Pedestrian Accident Claims
Contributory negligence can be another factor affecting compensation in pedestrian accident claims. This is when someone’s decisions make their injuries more severe than they would otherwise have been.
As with split liability cases, payouts for pedestrian accident claims settled on the basis of contributory negligence are adjusted to reflect each party’s share of responsibility. In this case, the severity of the injuries that the pedestrian has suffered.
Don’t worry if you’re unsure of these different factors and how they relate to pedestrian accident claims. Our enquiries team can further explain this and confirm whether one of our experienced road traffic accident solicitors could help you to proceed.
What Are Some Pedestrian Accident Claim Examples?
Some examples of pedestrian accident claims involve injuries sustained in collisions caused by speeding motorists, inattentive cyclists, and hit-and-run drivers. You can see some more detailed examples below.
Pedestrian Hit By Vehicle
As a pedestrian, being hit by a vehicle can cause catastrophic and potentially life-threatening injuries. Motorists need to follow specific rules to keep others safe on the road, with Rule 206 of the Highway Code requiring them to drive carefully and slowly in several scenarios concerning pedestrians.
You might be able to seek compensation if:
- A driver hits you while you are using a zebra crossing to safely cross the road. The driver was going well above the speed limit, which prevented them from stopping in time. This leaves you with a severe concussion, a broken wrist, and an anxiety disorder.
Pedestrian Injured By Cyclist
While cyclists are considered a vulnerable group like pedestrians, they are still required to follow road safety laws. This is especially important to pedestrians, as cyclists often use both roads and shared paths.
Therefore, a cyclist might act negligently and give rise to a potential pedestrian injury claim if:
- They run through a red light at a pedestrian crossing and directly collide with you, causing you to suffer a broken leg.
Car Park Pedestrian Accidents
The duty of care owed to pedestrians as road users extends to car parks. For example, motorists need to check their mirrors to ensure an area is clear, in line with rules 159 to 161 of the Highway Code. A car park accident might occur in the following circumstances:
- While walking toward the car park exit, you are suddenly struck by a vehicle whose driver failed to look before reversing out of a parking space. The impact leaves you with a fractured ankle and several broken toes.
Pedestrian Injured In A Hit-And-Run
Hit-and-run claims work differently from cases where a road user stops after an accident, as you are unlikely to know the driver’s identity. In such cases, you can pursue compensation through the Motor Insurers’ Bureau (MIB). This is the organisation responsible for compensating victims of accidents involving uninsured or untraceable drivers.
You might be able to pursue a claim through the MIB in several scenarios, such as:
- A drink driver loses control of their vehicle, swerving directly into you while you are standing at a traffic light. They drive off, while the force of the impact results in you suffering a broken pelvis.
Pedestrian Accidents Caused By Road Defects
Pedestrian accident claims can also arise when injuries are directly caused by road defects. Who you make your claim against depends on which party is in charge of maintaining the area. Councils and local authorities are responsible under Section 41 of the Highways Act 1980 for keeping public roads reasonably safe for all who use them, including pedestrians. They may be liable for any injuries if they fail to make timely repairs to known, actionable defects or do not have a reasonable system in place for inspecting and maintaining road hazards like potholes.
With that said, a utility company or another party may also be liable for your injuries if, for instance, they fail to signpost roadworks or leave a manhole cover exposed and unattended.
For example:
- Say a substantial pothole has formed at one of the busiest pedestrian crossings in town. A previous inspection identified the defect, but the council repeatedly delayed the scheduled repairs. This inaction leads to you tripping while using the crossing, leaving you with a sprained ankle and a ligament tear in your knee.
After looking at these different examples, you may not be sure who is responsible for your accident and whether you could claim compensation. Talk with an advisor today to confirm these details and potentially start the ball rolling on your case.
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We pride ourselves on providing the best service possible for our clients.
The Most Common Reasons For Pedestrian Accidents
The most common reasons for pedestrian accident claims include driving while distracted, speeding, and failing to yield. You can find out more about these different factors below.
Distracted Drivers
Under rule 148 of the Highway Code, concentration is essential to safe driving. Therefore, various distractions should be avoided while driving, such as eating, drinking, listening to loud music, reading maps, smoking and adjusting a sound system.
Speeding
It is vital that drivers follow legal speed limits. These vary by road type, and there may be a lower speed limit in areas near schools. Driving within the speed limit is essential to give a driver time to stop if someone steps into the road.
Failure To Yield
There are times when a pedestrian may linger on a zebra or puffin crossing for too long, increasing the risk of an accident or injury. A pedestrian’s responsibility regarding crossing the road is outlined in the Highway Code.
However, most pedestrian accidents involving a failure to yield are caused by driver error. Intoxicated or distracted drivers may hit pedestrians when they fail to stop at a zebra crossing or lack the awareness to judge how far away the pedestrian is.
Poor Visibility And Adverse Weather
When it is dark, pedestrians, cyclists and cars must make efforts to be visible to other road users. This could apply to having working lights on a vehicle or bicycle and wearing reflective clothing.
It is also important that a driver can adapt to adverse weather. If the roads are wet or icy, drivers should take this into account when travelling, such as speed and stopping distances.
Poor Infrastructure
Issues with road infrastructure can also harm pedestrians. Faded road markings and poor road design may lead to accidents. Drivers may not be able to see a zebra crossing from far away, preventing them from stopping in time for a pedestrian. Potholes and other road defects may also develop if a council, local authority, or other liable party lacks a system to reasonably maintain and inspect roads.
Contributory Negligence
In some cases, pedestrians may take actions that contribute to the severity of the bodily and psychological harm that they suffer. Common examples include failing to wear high-visibility clothing in dark conditions or not checking that a road is clear before crossing.
There are other causes of such accidents that we have not covered, so speak with our advisors to discuss your incident. Many find it beneficial to speak with our experienced team, as they can tailor their advice to you.
What Injuries Could A Pedestrian Sustain In An Accident?
A pedestrian could sustain various injuries in an accident, including concussions, fractured bones, and internal bleeding. Other examples include:
- Damage to the internal organs
- Abdominal harm
- Strains, sprains and muscle injuries
- Chest injuries, which can involve damage to the heart and lungs
- Soft tissue injuries
- Brain injuries
- Spinal damage, which may result in paralysis
You may have experienced different injuries from the ones we have listed. Get in touch with a friendly advisor today to confirm the harm you have suffered and how this has impacted your life. They can explain how compensation will reflect the specifics of your experience.
How Much Pedestrian Injury Compensation Can Be Claimed?
How much pedestrian injury compensation can be claimed after a road traffic accident depends on the unique physical, financial, and psychological impact the claimant has experienced. In successful compensation claims of this nature, the claimant will receive general damages. This part of the compensation is valued to reflect the pain and suffering you have experienced due to injury.
Pedestrian accidents often result in serious injuries, and you may lose the ability to participate in sports that you previously enjoyed. Your broader quality of life may also be affected, impacting your independence and relationships. General damages can cover both of these factors.
When assessing general damages, legal professionals can use the Judicial College Guidelines (JCG). This is a set of compensation guidelines that are aligned with different types and severities of harm.
Although we have included some JCG figures in the table below, it is important that you do not consider them to be a guarantee of compensation. This is because each settlement is calculated on an individual basis to represent the unique impact that the injuries have had on the claimant.
Please note that the first figure does not come from the JCG.
| Type and Severity of Injury | Compensation Guideline | Notes |
|---|---|---|
| Multiple very severe injuries with financial losses | Up to £1,000,000+ | Costs such as medical bills, lost income and adjustments made to the home |
| Brain/head- very severe | £344,150 to £493,000 | Claimant may have limited or non-existent language ability, double incontinence, no/little meaningful engagement with their environment and a need for full-time nursing care |
| Back- severe (i) | £111,150 to £196,450 | Most severe cases of back injury where there is damage to the nerve roots and spinal cord giving rise to serious issues that are not typical |
| Neck- severe (i) | In the region of £181,020 | Such injuries often have a connection to incomplete paraplegia or spastic quadriparesis that is permanent |
| Leg- severe (i) falling short of amputation | £117,460 to £165,860 | Although amputation is not required, a similar level of compensation may be given due to the severity of the injury |
| Hips & pelvis- severe (i) | £95,680 to £159,770 | Extensive pelvis fractures which could also result in a rupture of the bladder and dislocation of the lower back joint |
| Traumatic injury to the lung(s), chest and/or heart | £80,240 to £122,850 | There will be impaired function, reduced life expectancy and a physical disability |
| Arm- injuries causing substantial and permanent disablement | £47,810 to £73,050 | Serious fractures of 1 or both forearms with permanent significant remaining disability which may be cosmetic or functional |
| Wrist- less severe injuries | £15,370 to £29,900 | There will still be some level of permanent disability, such as persistent stiffness and pain |
Should you wish to have a discussion about compensation that better reflects your case, you may wish to get in touch with a JF Law advisor. They will ask you about your accident and injuries, allowing them to explain what factors are likely to be reflected in the compensation.
Can Pedestrian Accident Claims Cover Other Losses?
Pedestrian accident claims can cover other losses, specifically the out-of-pocket costs incurred as a result of being injured in a road traffic incident. This comes under another part of the compensation called special damages, which can cover your:
- Loss of income due to time taken off work as part of your recovery
- Medical care required to privately treat your pedestrian injuries
- Travel costs incurred to attend medical appointments
- Payments to adjust your home to make it livable with your injuries
- The expense of hiring a professional carer to help you with daily tasks that have been made difficult by your injuries
In order to recover such losses, you will need evidence of your costs. This could take the form of pay slips, bank statements or receipts.
Your needs after suffering harm on the road will depend on your specific injuries. Make an enquiry with JF Law today to check whether you can be compensated for your financial losses and more.
How Can I Start A Claim For A Pedestrian Accident?
To start a claim for a pedestrian accident, it is necessary to document the treatment you receive, prove that another road user is responsible for the injuries you sustained, and seek advice about your legal options. Read this section to find out more regarding the road traffic accident claims process.
Attend Medical Appointments
Since there is a lack of protection compared to the occupants of vehicles, pedestrian injuries can be severe, so make sure that you get the medical treatment you need before starting a personal injury claim. This may involve visiting a:
- GP
- Hospital
- Urgent care clinic
- Therapist
- Physiotherapist
Gather Your Evidence
When you are in a more stable condition, you can start thinking about gathering evidence. This will be particularly important when exploring your options for claiming.
Common ways of proving pedestrian accident claims include giving:
- A copy of your medical records
- Insurance, vehicle registration, and contact details of any drivers or motorcyclists involved
- Copies of CCTV footage
- Photos of your visible injuries and the accident scene, such as road defects that contributed to your injuries
- Contact details of bystanders, motorists, and others who saw the road accident. A solicitor can contact them to gather eyewitness statements for your pedestrian accident claim
Make A Police Report
Keep Your Own Notes
Having your own written records can be useful when proving your pedestrian accident claim. It can also come in handy for your own reference as the case proceeds. You can note down your experience of:
- Pain and other symptoms
- Changes in your condition over time
- Medical appointments, prescriptions, and surgeries
- Time taken off work in order to recover from the injuries
- Expenses related to travel, medical bills, and other costs required to live with the injuries
Start Thinking About Legal Representation
When seeking to make a pedestrian accident claim, finding the right legal representation can make all the difference. By contacting our advisory team, you can check:
- Whether you have valid grounds to make a claim, and who your claim would be against
- What your pedestrian accident compensation would likely cover
- How one of our solicitors could support you
- What exactly a No Win No Fee agreement entails
You can speak to them without feeling any pressure to claim, as our advisors understand that you may want more time to make your decision.
Check How Long You Have To Claim
When it comes to claiming compensation, you must consider the limitation period. For most personal injury claims, the claimant will have 3 years to proceed, starting from the accident date. Exceptions apply to this time limit, which our guide on the limitation period explains in detail.
Should you have any questions about the claims process, speak to our advisors today. You could be eligible to start seeking compensation with one of our specialist personal injury solicitors.
Make A Pedestrian Accident Claim With JF Law
Finding a solicitor who is right for you can make the process much more straightforward. See below to find out how our solicitors help claimants with pedestrian injury claims and what fee agreements they work under.
Why Claim After A Pedestrian Injury With Our Expert Solicitors
If you claim after a pedestrian injury with one of our expert solicitors, you will benefit from their extensive knowledge of personal injury law. They draw on decades of combined experience to give our clients invaluable support at each step of the claim.
In particular, you can gain from:
- Guidance on what evidence you will need and how you can access this
- Expert arguments made in favour of the maximum compensation being paid to you for your particular pedestrian accident claim
- Straightforward explanations of legal jargon and processes
- Professional management of communication with other parties when acting on your behalf
- Trustworthy advice on any legal decisions that you have to make
Pedestrian Accident Claims On A No Win No Fee Basis
Our solicitors handle pedestrian accident claims on the basis of No Win No Fee. In order to access this type of agreement, you can sign a contract called a Conditional Fee Agreement (CFA). This is attractive to many claimants, as they are not required to pay service fees for their solicitor’s work at the following stages:
- Before the pedestrian accident claim starts
- As your claim progresses
- If you are not compensated
However, should you be given compensation, you will be asked to pay a success fee. Simply put, this is a percentage of the compensation that you owe to your solicitor. There is a legally-binding cap in place, so you can rest assured that the major share of your compensation will remain with you.
Contact JF Law
Should you have any questions about pedestrian accident claims, don’t hesitate to contact our team. They understand that choosing a solicitor is an important decision, and you may want to take your time with it. Their advice is given with no strings attached, though you may be given the option to work with one of our specialist road traffic accident solicitors. Get in touch today to potentially start the journey towards getting compensation.
- Call our team on 0151 375 9916
- Submit an enquiry online
More Information
Read some of our other road traffic accident guides below:
- Find out how to make a public transport accident claim
- Learn about electric scooter claims
- Visit our guide on passenger accident claims
External resources:
- Follow the Highway Code rules for pedestrians
- Check when you should call 999
- Learn about claiming Statutory Sick Pay (SSP)
Thank you for reading this guide on pedestrian accident claims.
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