By Danielle Graves. Last Updated 4th December 2023. In this guide, we discuss pedestrian injury compensation. Learn about the different types of accidents pedestrians could be involved with. In addition, we explore the different injuries you could receive as a pedestrian. Furthermore, we will also provide you with insight about how much compensation you could receive in a pedestrian accident claim.
Every road user is owed a duty of care, including pedestrians. We explain what this means. Further, we look into who owes the duty of care and in what circumstances. Legislation governs this and we explore where it applies.
In order to claim pedestrian injury compensation, you will need to prove you were owed a duty of care and that this duty was breached, leading to your pedestrian injuries. Additionally, we examine how to claim compensation by discussing potential evidence. We also look at examples of what injuries a breach of duty of care could cause.
We discuss compensation payouts and provide examples of figures from the Judicial College Guidelines. In addition, we explore examples of what costs could be recovered under special damages.
If you would like to claim compensation for your injuries, you might like to learn about how a No Win No Fee solicitor could benefit your claim. We discuss No Win No Fee arrangements and outline how they could help you claim pedestrian car accident compensation.
Our advisors can discuss your potential claim with you. If it seems eligible you might be connected with a No Win No Fee solicitor from our panel.
If you would like to discuss your potential pedestrian accident claim, please:
- Call us on 0333 000 0729
- Contact us online
- Use the live chat feature
Select A Section
- What Is A Pedestrian Injury Compensation Claim?
- How Much Pedestrian Injury Compensation Could You Claim?
- Duty Of Care In Pedestrian Injury Claims
- Causes Of Pedestrian Accidents
- Evidence That Could Help Your Pedestrian Injury Compensation Claim
- Common Injuries In Pedestrian Accident Claims
- Why Make A Pedestrian Injury Claim On A No Win No Fee Basis?
- More Resources About Pedestrian Car Accident Claims
What Is A Pedestrian Injury Compensation Claim?
To make a personal injury claim, you need to prove you were owed a duty of care. You then need to prove this duty of care was breached and you were injured as a result.
If you’ve experienced a pothole injury, for example, your claim might be against the local council or a private landowner. Also, you could submit photographs of the pothole to strengthen your claim.
Potholes aren’t the only hazards facing pedestrians on the roads and pavements. Many pedestrians suffer injuries due to other road users’ negligence each year. As such, if you were hit by a car or motorbike as a result of negligence, you may be able to claim compensation.
To learn more about pedestrian accident claims, contact us for free using the above details.
How Much Pedestrian Injury Compensation Could You Claim?
You might be wondering, “how much compensation could I receive from a pedestrian accident claim?” This section can give you a better idea of the amount of pedestrian injury compensation you could receive from a successful claim.
There are two heads of claim. These are general damages and special damages.
General damages compensate you for the injuries you have sustained as a result of third-party negligence. You can claim for multiple injuries caused by the same accident. The amount of pedestrian accident compensation you would receive depends on factors such as:
- The extent of the injuries
- Your recovery plan and the length of time it will take for you to recover
- Whether you are claiming for multiple injuries
- Whether any permanent damage was caused
In order to assign value to your injuries, legal professionals refer to a document titled the Judicial College Guidelines (JCG). In the document, different injuries match potential compensation brackets. Various factors impact how much your claim could be worth. The table below contains JCG examples from the 16th edition, published in April 2022, except for the first entry.
Injury | Potential Compensation | Notes |
---|---|---|
Multiple serious injuries and special damages | Up to £1,000,000+ | Settlements could include compensation for multiple severe injuries plus any incurred expenses, such as lost earnings, mobility aids and nursing care. |
Tetraplegia | £324,600 to £403,990 | Paralysis impacting all limbs. |
Moderately severe brain damage | £219,070 to £282,010 | Substantial need for care and dependence upon others. |
Severe leg injuries (ii) | £54,830 to £87,890 | Very serious leg injuries resulting in permanent mobility problems. |
Permanent and substantial arm injuries | £39,170 to £59,860 | Injuries resulting in permanent and substantial disablement |
Wrist injuries (b) | £24,500 to £39,170 | Significant permanent disability but with some useful movement. |
Moderate neck injuries (i) | £24,990 to £38,490 | Severe immediate symptoms from fractures or dislocations. |
Less severe elbow injuries | £15,650 to £32,010 | Function impairment but no significant disability. |
Moderate back injuries (ii) | £12,510 to £27,760 | Ligament and muscle disturbance causing backache. |
Significant facial scarring | £9,110 to £30,090 | Diminished psychological reaction from face scars with effects reduced by plastic surgery. |
This table only provides you with an indication of what you could receive when claiming for pedestrian injuries. This is because every personal injury claim is unique and there are many factors that can determine the amount of compensation you receive.
An independent medical assessment might be necessary to claim pedestrian injury compensation. This is to gain a fuller understanding of your injuries and what impact they have on your life. The assessment will evaluate the injuries suffered from the accident and can be useful evidence during the pedestrian accident claims process.
What Financial Losses Can Make Up Part Of Your Pedestrian Accident Compensation?
Financial losses caused by your injuries can also make up part of your pedestrian accident compensation. This is often referred to as special damages.
Potential financial losses you could claim for include:
- Loss of earnings if you’re unable to work due to the injury.
- Adaptations to your home.
- Adaptations to your vehicle.
- Healthcare, rehabilitation and treatment costs.
- Travel expenses.
To make a valid pedestrian accident claim that includes compensation for special damages, you would need financial evidence highlighting the losses. Evidence that could be used includes receipts, invoices, payslips and bank statements.
To see if you can make a pedestrian accident compensation claim, contact us for free using the details above.
Duty Of Care In Pedestrian Injury Claims
Different pieces of legislation govern the duty of care owed to pedestrians. We take a look at three different pieces of legislation below.
Highways Act 1980
Under the Highways Act 1980, the local authority owes you a duty of care for pavements and footpaths controlled by them. This means that they must take reasonable steps to repair hazards on pavements within a reasonable amount of time. If you experience an ankle injury, for example, in a pothole that was not dealt with although the council was aware of it, you might be entitled to compensation.
Occupiers’ Liability 1957
The local authority is not responsible for all land. You cannot claim compensation from the local authority if your injury occurred on privately owned land, for example. However, under the Occupiers’ Liability Act 1957, you might be able to claim compensation from the landowner or occupier. Under the Act, those in control of areas accessible to the public should ensure it’s safe for use.
Road Traffic Act 1988 and The Highway Code
If you are hit by a car, the local council or landowner is unlikely to be responsible. Road users owe each other a duty of care under the Road Traffic Act 1988. A road user’s duty of care is also established in The Highway Code.
This means that if a car or motorcycle driver causes a road traffic accident due to their negligence, the pedestrian hit by the vehicle may be able to claim.
A vehicle compensation claim could occur if you are run over and injured, for example, because the driver couldn’t stop in time due to faulty brakes the motorist failed to get fixed. A car with faulty brakes could cause injuries if you cross the road while following all the correct signals and a car can’t stop. Any pedestrian hit by a vehicle could suffer serious injuries which is why you may want to claim.
Therefore, if you are hit by a car or motorbike due to driver negligence, you may be able to make a pedestrian accident claim.
Causes Of Pedestrian Accidents
Road users, including pedestrians, owe each other a duty of care. If this is breached, an injury might occur. In the case of obstructions or hazards on pavements and footpaths, the duty of care might be owed by the local council or a private landowner. In these instances, you may be able to make pedestrian accident compensation claims.
Pedestrians may experience an injury while using pavements and footpaths. Uneven paving stones, for example, that are at different heights present a pavement trip hazard. Tripping can result in broken bones and head injuries, as well as bruising and cuts.
Other road users present a safety risk to pedestrians if they are not paying due care and attention. A pedestrian could be hit by a car when using a zebra crossing because the driver of the vehicle was on their phone and not paying attention. Potholes are another hazard pedestrians could face while crossing the road.
As with any personal injury claim, you would need to prove that your injury was caused by third-party negligence. Successful pedestrian accident claims revolve around evidence which will be discussed below. Contact our advisors to discuss your potential pedestrian injury compensation.
Evidence That Could Help Your Pedestrian Injury Compensation Claim
As part of the pedestrian accident claims process, you must collect sufficient supporting evidence. This needs to prove both your injuries as well as liability.
Here are a few examples of evidence that could be useful in pedestrian accident claims:
- A copy of your medical records: These can be submitted to prove the nature of your injury and any treatment you required.
- Accident footage: If any footage of the accident that caused your pedestrian injuries exists, you can request this. For example, from CCTV or a dashcam.
- Witness contact details: If anyone saw what happened, they can provide a supporting statement at a later date.
- Photographs: These can be of your injuries, if any are visible, or of the accident scene itself.
Free advice about obtaining supporting evidence for claims for road traffic accidents is available from our advisory team.
Common Injuries In Pedestrian Accident Claims
A pedestrian accident can lead to serious, life-changing injuries. This section will outline the types of injuries you could experience to give you a better idea of what injuries you may be able to claim pedestrian accident compensation for.
Any pedestrian hit by a car could suffer multiple, serious injuries. Injuries you could claim for include:
- Fractures
- Head and brain injuries
- Back injuries
- Chest injuries
- Serious dislocations
- Loss of a limb or amputations
In pedestrian accident claims, there are a variety of injuries you may be able to claim for. Therefore, to see if you can claim, why not give us a call? We can tell you quickly and easily if you’re able to make a pedestrian accident compensation claim.
Is There A Time Limit When Making Pedestrian Accident Claims?
If you’ve been hit by a car as a pedestrian or suffered an injury due to damaged pavement, you may want to know more about the pedestrian accident claim time limit.
The standard time limit in pedestrian accident claims is three years from the date of the accident. This is outlined in The Limitation Act 1980. However, there are important exceptions to this rule.
If a child is injured, they have three years from their eighteenth birthday to claim pedestrian accident compensation. If they want to claim before this, they would need to appoint a litigation friend who can claim on their behalf.
Furthermore, if the person claiming lacks the mental capacity to claim themselves, a litigation friend can also be appointed. However, if they regain the mental capacity to claim and have not already done so, they would have three years from the date they regained the capacity to claim.
If you have further questions about pedestrian accident claims, please contact us for free using the above details.
Why Make A Pedestrian Injury Claim On A No Win No Fee Basis?
If you’ve experienced an injury due to third-party negligence, you might be eligible to claim compensation. Your claim could seem easier with a personal injury solicitor. You may be concerned by the potential costs of making a pedestrian accident claim. Traditionally, the costs of legal representation have been prohibitive. However, there is another way.
A No Win No Fee personal injury solicitor could help you get your pedestrian injury compensation. To minimise the financial risks, there are no upfront solicitor fees. Instead, a legally capped success fee will be taken from your award. Furthermore, your No Win No Fee solicitor will not ask for any ongoing legal fees.
Should you not receive an award, your No Win No Fee solicitor will not get a fee. This could also be referred to as a Conditional Fee Agreement (CFA).
Free legal advice is available if you want to know more about how to make pedestrian accident compensation claims. Our advisors can answer any questions you have and can provide you with an estimate regarding how much compensation you could receive. Furthermore, they can put you through to a solicitor who can work your case on a No Win No Fee basis.
To get in touch:
- Call us on 0333 000 0729
- Contact us online
- Use the live chat feature
More Resources About Pedestrian Car Accident Claims
We thought you might find the following links about pedestrian car accident claims helpful:
And more guides:
- Claims Against the Council
- Public Park Accident
- Post-Traumatic Stress Disorder Compensation
- More information about claiming for a pedestrian car accident
Furthermore, if you have any queries about making pedestrian injury compensation claims, why not get in touch?