You could be awarded pedestrian injury compensation if your accident and injury were another road user’s fault. There are many instances where a pedestrian can be injured due to another person’s negligent actions. For example, the Department For Transport reports that 2,465 pedestrians were involved in road traffic accidents where the driver or rider was in a hurry, careless, or reckless between 2019 and 2023.
In this guide, we will discuss when you could be eligible to make a road traffic accident claim after being injured as a pedestrian. Furthermore, we share the heads of loss that could be awarded and how these may be calculated.
Following this, we discuss whether you could still claim if you were involved in a hit-and-run or involved in an accident with an uninsured driver.
Additionally, you can find out how to claim on another person’s behalf. This guide also explains how you can start a claim for compensation and the benefits of choosing a solicitor from our panel to represent your case.
Contact our advisors today to discuss your case and receive free advice:
- Call on 0333 000 0729
- Contact us online
- Use the live chat on this page
Jump To A Section
- Am I Eligible To Make A Pedestrian Injury Compensation Claim After Being Hit By A Car?
- Pedestrian Injury Compensation – How Much You Can Claim
- Injuries That Could Be Suffered In A Pedestrian Car Accident
- Can I Claim If I Was Involved In A Hit And Run?
- Can I Claim If The Car’s Driver Wasn’t Insured?
- Claiming On Behalf Of Someone Else
- How To Start Your Pedestrian Injury Claim
- How Our Panel Of Solicitors Can Help You Claim
- More Information
Am I Eligible To Make A Pedestrian Injury Compensation Claim After Being Hit By A Car?
If you wish to make a pedestrian injury compensation claim, you must first be able to show that:
- Another road user owed you a duty of care
- They failed to enact this duty
- You were injured as a result
A duty of care is when someone has a legal responsibility for your reasonable health and safety. All road users owe a duty of care to each other. This includes pedestrians, motorists and cyclists. They must use the roads safely toa void causing harm and follow the rules established by the Road Traffic Act 1988 (RTA) and the Highway Code.
If you have been injured while using the roads as a pedestrian because another road user failed to adhere to their duty of care, you may be eligible to claim compensation. For example:
- While using a zebra crossing, a driver is unable to come to a stop in time due to speeding. This causes them to hit you and you suffer a severe back injury and a head injury.
Contact one of our advisors today to discuss your circumstances and see whether you may have a valid claim.
Pedestrian Injury Compensation – How Much You Can Claim
If your claim is successful, your pedestrian injury compensation will include general damages.
This head of loss compensates you for the injuries that you have suffered and the pain they have caused you.
You may be required to attend an independent medical assessment as part of the claims process. The findings from this could be used to value your claim alongside the Judicial College Guidelines (JCG). This is a document that lists compensation guidelines for various severities of injuries.
We have included figures from the JCG in the table below, but please note that they should only be used as a frame of reference and do not guarantee the amount of compensation that you could be entitled to.
Please also note the first figure in the table below does not come from the JCG.
Type of Injury | Severity | Compensation Figure | Notes |
---|---|---|---|
Multiple Severe Injuries with Financial Losses | Severe | Up to £1,000,000+ | Bracket covers multiple injuries with financial losses incurred |
Brain/Head | Moderately severe | £267,340 to £344,150 | Injury causes serious disability where the person requires constant professional care |
Back | Severe (i) | £111,150 to £196,450 | Damage to nerve roots and spinal cord, causing disability and pain with incomplete paralysis |
Psychological Damage | Severe | £66,920 to £141,240 | Difficulty coping with daily life as injury has impacted their family relationships and the prognosis is not optimistic |
Leg | Severe (ii) Very Serious | £66,920 to £109,290 | Person will have to use mobility aids for remainder of their life due to permanent mobility issues. |
Arm | Substantial Disablement | £47,810 to £73,050 | One or both forearms fractured, causing permanent disability |
Wrist | Complete loss of function | £58,710 to £73,050 | e.g. where an arthrodesis has been performed |
Neck | Moderate (ii) | £16,770 to £30,500 | Includes soft tissue injuries and disc lesions which result in discomfort, stiffness, and the potential need for further surgery |
How Claims Are Calculated
Various factors will be taken into consideration when your compensation claim is being calculated, such as:
- What injuries were suffered?
- How severe were they?
- What treatments have been needed?
- What is the expected recovery rate?
- What financial losses have been suffered?
Special Damages And How They Affect Your Claim
You may also receive special damages for your claim. These cover costs or losses you have experienced due to your injuries, such as:
- Medical treatment costs
- Travel costs to medical appointments
- The cost of adjustments made to your home
- Professional care costs
- Time taken off work to recover from injury
We recommend that you keep all receipts, bank statements and invoices relating to these expenses, as you will need to prove these financial losses in order to claim for them.
Contact our advisors today to discuss your potential pedestrian injury compensation claim.
Injuries That Could Be Suffered In A Pedestrian Car Accident
Common injuries that people claim pedestrian accident compensation for include:
- Back and spine injuries
- Broken and fractured bones
- Psychological trauma
- Permanent scars
- Brain and head injuries
- Soft tissue injuries
- Injuries to limbs, such as arms and legs
Pedestrian injuries can vary, so if your injury was not included in this list, this doesn’t mean you can’t claim. Get in touch with one of our advisors to talk about your accident and find out if you are eligible to claim compensation.
Can I Claim If I Was Involved In A Hit And Run?
You may be able to proceed with a claim for pedestrian injury compensation if you were involved in a hit and run. In this case, you would claim through the Motor Insurer’s Bureau (MIB). This organisation was set up to compensate those harmed by the negligent actions of untraced or uninsured motorists.
However your case would still need to meet the eligibility requirements set out previously in this guide.
You can claim through MIB yourself. However, one of our No Win No Fee solicitors could help to make the process easier for you. You can speak with one of our advisors if you have any queries about this.
Can I Claim If The Car’s Driver Wasn’t Insured?
Driving on the roads without insurance is illegal. However, you may be eligible to claim through the MIB if you were injured by an uninsured driver if your case meets the personal injury claiming requirements.
Typically, the insurer covers the cost of the compensation owed by the person who caused the accident. When there is no insurer to claim from, you would need to claim through the MIB. Our team can help you to proceed with this if you are seeking legal representation and advice. Contact our advisors today.
Claiming On The Behalf Of Someone Else
You may be looking to claim on someone else’s behalf as a litigation friend. This is a person who represents a claim for an individual who cannot claim for themselves, such as:
- Someone who lacks the mental capacity to make their own claim
- Someone who is under the age of eighteen
The court may appoint a responsible adult to act as a litigation friend, including a:
- Parent, relative or guardian
- Friend
- Professional advocate
- Personal injury solicitor
- A person with lasting or enduring power of attorney
- Court of Protection deputy
If the court confirms that you do not have conflicting interests with the claimant and that you can make fair decisions for their case, you may be able to act as a litigation friend. If you are uncertain about how this works, why not speak with our advisors to find out more?
How To Start Your Pedestrian Injury Claim
You may be wondering how to proceed with a pedestrian injury claim if you have met the eligibility criteria. Keep reading to learn more about the process and the services that we can offer to assist you.
Gathering The Evidence To Support Your Claim
You will need evidence to strengthen your claim for pedestrian injury compensation. This could include:
- Vehicle details of the car/driver that injured you
- A copy of your medical records
- Contact details for witnesses of the incident (they may later be called on to provide statements)
- CCTV footage or pictures of the injury and accident scene
How Long You Have To Start Your Claim
There is a limitation period for starting a claim. In general, you have three years from the date of your injury to start a personal injury claim. However, the time limit is paused for those who lack the mental capacity to make their own claim and those under the age of 18.
As aforementioned, a litigation friend could make a claim on their behalf. However, should a claim not be made for them, the time limit will commence from:
- The date they recover this mental capacity (if they do).
- The date they turn 18.
Tips For Finding A Suitable Solicitor
You should consider the following when looking for a solicitor to represent you:
- Do they have good credentials?
- Do they have good reviews?
- Do they have experience in dealing with pedestrian injury claims?
- Will you need to pay up front to use their services?
The solicitors on our panel have lots of experience working on pedestrian injury compensation claims and could help you with yours.
Considering A No Win No Fee Agreement
Our panel of solicitors represent eligible clients through a Conditional Fee Agreement (CFA), which operates on a No Win No Fee basis. This means that you wouldn’t need to pay fees for your solicitor’s work:
- Upfront
- Throughout the claim process
- In the event that you do not receive compensation
If you are awarded compensation, you will then need to pay a success fee. This is legally capped to ensure that you receive the majority of the compensation that you are awarded.
How Long It Takes To Receive Compensation
We cannot state how long it will take for you to receive your compensation. This is because the length of time could be impacted by:
- Whether your claim goes to court or not
- Whether the defendant admits liability for the accident
- Whether you can reach an agreement with the defendant about the amount of compensation owed
- The time taken to recover from your injury
- The type of financial harm you have suffered and the amount of evidence you need to collect
If you have any queries about claiming pedestrian injury compensation, you can reach out to one of our advisors. They can explain the process in more detail and help determine if you are eligible to proceed.
How Our Panel Of Solicitors Can Help You Claim
You may be wondering how working with a solicitor from our panel could benefit you. They offer various services such as:
- Helping you to collate all the relevant evidence
- Ensuring that your claim is filed according to the time limit
- Communicating with the defendant on your behalf
- Negotiating settlement so that your compensation includes general and special damages
- Simplifying legal jargon and processes
You can get in touch at any time to find out if you are eligible to proceed with a solicitor from our panel and access these excellent services. Contact our advisors today via any of the following methods:
- Call on 0333 000 0729
- Contact us online
- Use the live chat on this page
More Information
Here are some other guides that you may find useful:
- Learn how to claim for a cycling accident
- Find out about car accident claims
- Read our guide on bus accident claims
You can also:
- Learn from the NHS’s First Aid Guide
- Check out the government’s advice for victims of uninsured or hit-and-run drivers
- Learn about road safety laws from THINK!
Thank you for taking the time to read our guide on how to claim pedestrian injury compensation.