A Guide To Pedestrian Accident Claims
Learn how to make a personal injury claim for a pedestrian accident.
£70 million in compensation
A Guide To Pedestrian Accident Claims
Learn how to claim personal injury compensation for a pedestrian accident.
If you’re looking for specialist legal support for a pedestrian accident claim, you’re in the right place.
We’re experts in helping people claim personal injury compensation following a pedestrian accident that caused an injury.
Below, we look at the evidence you could gather to strengthen your case and how our No Win No Fee solicitors could assist you.
We also 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.
Can I Make A Pedestrian Accident Claim?
As road users, pedestrians owe the same duty of care as anyone else using the roads, to do everything they can to avoid causing harm, which means adhering to both the Road Traffic Act 1988 and the Highway Code.
However, as per Rule 204 of the Highway Code, pedestrians are deemed vulnerable road users as they lack the protections afforded by motor vehicles. This means that in any road traffic accident, the pedestrians involved are at the greatest risk of the most serious injuries.
In order to begin a pedestrian accident claim, you will need to show the following:
- You were owed a duty of care by another road user.
- That road user failed to uphold this duty.
- As a result of this failure, an accident occurred in which you were injured.
What Is The Time Limit In Pedestrian Injury Claims?
Pedestrian injury claims are subject to the time limits set down in the Limitation Act 1980. This means you will 3 years from the date of the accident to begin your claim. Now, there are circumstances where this time limit can be extended, these are:
- Children: injured persons under 18 cannot claim on their own behalf until they turn 18.
- Those lacking mental capacity: if an injured person lacks the mental capacity to claim, the time limit is removed altogether (unless they recover this mental capacity).
In these situations, the court can appoint a suitable adult to act as the injured person’s litigation friend and begin the claim sooner. To find out more about making a road accident claim as a pedestrian or for a free assessment of your eligibility, get in touch with the team today.
How Could A Pedestrian Accident Happen?
As mentioned above, pedestrian accidents can arise because someone else using the road has failed to follow the rules. Let’s take a look at some examples of how accidents could happen:
- 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 a 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?
When it comes to some pedestrian accidents, a driver may flee the scene before their identity can be determined.
In accidents involving an uninsured or untraceable driver, you can still 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 for those who can’t claim through the normal routes.
Instead of making a claim against the driver responsible, a claim will be made against the MIB, who will compensate you in full if successful.
For more information on hit and run claims, please call an advisor on the number above.
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How Much Compensation Could I Get For My Pedestrian Accident Claim?
You may wish to know just how much money you could get if you make a pedestrian accident claim. Without knowing the ins and outs of your case, it’s hard to provide you with a precise figure, but we can give you a solid idea.
Settlements awarded in successful pedestrian accident claims can be made up of the following types of loss:
- General damages: Compensate you for the pain and suffering caused by physical and/or psychological injuries.
- Special damages: Compensate you for any financial costs incurred due to your injuries.
Let’s take a closer look at general damages. Below, we’ve provided a table that contains potential compensation values for different injuries. They’re found in the Judicial College Guidelines (JCG), a document which details compensation awards made by the courts. Solicitors use this to help guide the valuations of injuries. But please note, they do not represent the definitive amount you may get; they serve as just a guide.
Type of Injury | Level Of Severity | Compensation Guidelines |
---|---|---|
Multiple serious injuries plus special damages | Serious | Up to £1,000,000 + |
Brain Damage | Very Severe | £344,150 to £493,000 |
Back | Severe (i) | £111,150 to £196,450 |
Moderate (i) | £33,880 to £47,320 | |
Arm Amputation | Loss of One Arm (i) | Not less than £167,380 |
Pelvis / Hips | Severe (i) | £95,680 to £159,770 |
Knee | Severe (ii) | £63,610 to £85,100 |
Other Arm Injuries | Permanent and Substantial Disablement (b) | £47,810 to £73,050 |
Whiplash | One or multiple physical whiplash injuries plus one or more minor psychological injuries | £4,345 |
Whiplash | One or multiple whiplash injuries | £4,215 |
To learn more about pedestrian accident settlements, please contact an advisor at the number above.
How Can I Prove My Pedestrian Accident Claim?
In order to make a successful claim as a pedestrian, you will need to provide some supporting evidence. This evidence needs to prove liability for the injuries suffered. We have provided some possible examples here:
- A police report, if they attended the scene.
- Video footage from CCTV cameras or dash cam devices.
- Medical records showing what injuries you suffered and how serious they were.
- Photographs of those injuries, the scene of the accident and the vehicles involved.
- Contact details of potential witnesses so they can be interviewed at a later stage.
Working with an experienced pedestrian accident lawyer to collect evidence for your claim could be of considerable benefit. Call our advisors today to find out if you’re eligible to work with one of our solicitors.
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on providing the best service
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We pride ourselves on providing the best service possible for our clients.
How JF Law Can Help You
If you choose to instruct us, we can offer to represent you on a No Win No Fee basis.
This means that no fees are required upfront to begin the claim, nor as the claim proceeds, and if the claim fails you still have nothing to pay.
If the claim does succeed, you will need to pay something called a success fee. This is a percentage of the compensation you’re awarded. The success fee is capped, meaning your solicitor can only take a small amount, leaving you with the vast majority.
If you would like to check your eligibility to claim compensation for a pedestrian accident today, contact us for free using 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:
- Find out if you could make a bus accident claim here.
- Read our guide about starting a cycle accident claim and how much compensation you could receive.
In addition to this, we included some external resources to help:
- Helpful advice for road users from Think!
- Rules from the Highway Code for pedestrians to be aware of.
- Helpful road safety and accident statistics from GOV.UK.
Thanks 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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