In this guide, we discuss whether you could be eligible to make a personal injury claim as a pedestrian after a car accident caused by a driver breaching their duty of care resulted in you sustaining harm. It will look at the steps you could take to strengthen your case, including gathering evidence and seeking legal advice.
Pedestrian Car Accident – How To Make A Successful Claim
Additionally, it will look at the types of scenarios where you could be injured as a pedestrian in an accident, as well as the types of injuries you could suffer. We also explore the duty of care road users, including drivers, owe one another and the legislation they must adhere to.
Furthermore, as you move through this guide, you can find guidance on how compensation payouts for pedestrian accident claims are calculated and what they could include following a successful case.
Finally, we discuss the different advantages to working with a No Win No Fee solicitor from our panel, and the services they could potentially offer if you have valid grounds to proceed with your case.
Do not hesitate to speak with a member of our team today who can offer you free advice on road traffic accident claims 24 hours a day, 7 days a week. You can do so by:
- Calling us on 0161 696 9685
- Speaking to us now using our live chat
- Filling out our ‘contact us’ form online
Select A Section
- What Is A Pedestrian Car Accident Claim?
- Examples Of How A Pedestrian Car Accident Could Happen
- What Should You Do If Struck By A Moving Vehicle?
- How Much Compensation Could I Receive For A Successful Pedestrian Car Accident Claim?
- Make A Pedestrian Accident Claim With A No Win No Fee Solicitor
- Learn More About Making A Claim As A Pedestrian
What Is A Pedestrian Car Accident Claim?
In order to begin a personal injury claim for a pedestrian car accident, you need to show the following:
- A duty of care was owed to you by another road user, such as a driver.
- This duty of care was breached.
- You experienced harm as a result of the breach.
All road users are expected to follow the Road Traffic Act 1988 and The Highway Code to ensure they uphold their duty of care. The duty of care they owe is to prevent themselves, and others, from sustaining an injury or damage as they use the roads.
Whilst all road users owe one another a duty of care, there are certain road users that are considered more vulnerable. As per Rule 204 in the Highway Code, pedestrians, particularly the elderly and children, require extra care as they are most at risk from road traffic. The rule also states that those road users who are operating vehicles that pose a risk of causing the most harm, have the most responsibility to mitigate the threat or danger that they could potentially cause to others.
If there is a failure by a driver to do so, and this causes a car accident involving you being injured as a pedestrian, it may be possible for you to seek personal injury compensation.
Examples Of How A Pedestrian Car Accident Could Happen
There are several ways a pedestrian car accident could occur. For example:
- You are crossing the road as the traffic light is showing red for the cars and green for the pedestrians. A driver continues through the lights and hits you as you cross. As a result, you sustain a severe spinal injury.
- A driver is intoxicated on drugs and alcohol and veers onto the pavement. You are knocked down by the car as you walk down the street and suffer from a severe head injury, leading to brain damage.
- A driver fails to stop at a zebra crossing that you are using causing them to run you over. As a result, you sustain a back injury leading to paralysis.
Call our team to find out whether you could be eligible to make a claim as a pedestrian who was injured after being hit by a car in an accident.
What Should You Do If Struck By A Moving Vehicle?
There are several steps you could take when making a pedestrian car accident claim, including gathering evidence to show that a driver breached their duty of care and caused you harm. Some steps you could take to gather sufficient evidence include:
- Take photographic evidence of the scene where the accident took place. It could also be useful to gather CCTV or dashcam footage from nearby cameras that may have caught the entire incident. You could also collect pictures of your injuries.
- Take down the contact details of any witnesses who can later be contacted to provide a statement.
- Request copies of your medical records, such as copies of scans or other test results.
- Keep a record of any financial losses caused by your injuries.
Additionally, you could seek legal representation from an experienced pedestrian accident claim solicitor. The solicitors on our panel have experience handling claims similar to your own and could assist you in collating evidence to build your case.
If you would like further guidance on the steps you could take after being injured in a road traffic accident as a pedestrian, or would like to learn more about the services our panel of solicitors could offer, call our team.
How Much Compensation Could I Receive For A Successful Pedestrian Car Accident Claim?
Compensation payouts awarded following a successful claim could comprise up to two heads of loss; general damages and special damages. These look to compensate you for the different ways in which your injuries affect your life.
General damages account for the pain and suffering caused by your injuries. It also covers the impact your injuries have on your quality of life. Legal professionals can use the Judicial College Guidelines (JCG) alongside any medical evidence to help them value this aspect of your settlement.
The JCG contains a set of guideline compensation brackets for various different injuries. We have provided a table with figures from the JCG below but you should only use them as a guide.
| Injury Type | Severity | Compensation Bracket - Guidelines | Details |
|---|---|---|---|
| Paralysis | Tetraplegia | £324,600 to £403,990 | Paralysis of upper and lower body. |
| Paraplegia | £219,070 to £284,260 | Paralysis of lower body. | |
| Brain Damage | Very Severe | £282,010 to £403,990 | Full-time care is required. |
| Moderately Severe | £219,070 to £282,010 | A very serious disability, either cognitive or physical, and the need for constant professional care. | |
| Back | Severe (i) | £91,090 to £160,980 | Damage to spinal cord and nerve roots with severe pain and disability and other complications. |
| Neck | Severe (i) | In the region of £148,330 | Injury associated with incomplete paraplegia. |
| Chest | Traumatic Injury To Chest, Lungs And Heart | £65,740 to £100,670 | Permanent damage, impaired function, physical disability and reduced life expectancy. |
| Arm | Less Severe | £19,200 to £39,170 | Significant disability but a substantial recovery has happened or is expected. |
| Ankle | Moderate | £13,740 to £26,590 | Less serious disabilities from fractures, tears to ligaments and other similar injuries. |
| Leg | Less Serious (i) | £17,960 to £27,760 | An incomplete recovery from fractures or serious soft tissue injuries. |
Special damages compensate you for any financial losses you have incurred due to your injuries. For instance:
- Travel costs
- Medical expenses
- Care costs
- Loss of earnings
- The cost of any home adaptations
For more information on personal injury compensation and the payout you could potentially receive for a successful pedestrian car accident claim, call an advisor on the number above.
Make A Pedestrian Car Accident Claim With A No Win No Fee Solicitor
There are different types of No Win No Fee arrangements, however, the one our panel of solicitors work under is called a Conditional Fee Agreement. The terms of this particular contract typically mean no payment will be required for your solicitor’s work at the start of your claim, as it progresses, or if it has a failed outcome.
If your claim is successful, your solicitor will take a success fee from your compensation. This is calculated as a percentage, which has a legal cap. As such, you can be guaranteed to keep the majority of your settlement.
If you have had a pedestrian car accident, find out whether you are eligible to pursue a personal injury claim with a No Win No Fee solicitor. To reach an advisor, you can:
- Call us on 0161 696 9685
- Speak to us now using our live chat
- Fill out our ‘contact us’ form online
Learn More About Making A Claim As A Pedestrian
We have included some of our other guides related to personal injury claims below:
- Learn about motorcycle accident claims, including the eligibility criteria and how much compensation could be awarded in successful cases.
- Find out if you could seek compensation after a cycle accident that wasn’t your fault.
- Read about how you would make your claim as a pedestrian involved in a hit and run accident.
- Find out how to make a claim after being in an accident with a foreign vehicle driver.
- This article goes into what you can do after you have been hit by a learner driver.
Additionally, you can find some helpful external resources below:
- The Highway Code – Rules for pedestrians
- GOV.UK – Statutory sick pay
- NHS – First aid
Thank you for reading our guide on how to make a successful pedestrian car accident claim.