While walking down the street, we may not stop to think about the potential hazards that could harm us. However, there are a number of ways that we could be injured while walking on pavement. And if your accident was caused by a breach of duty of care, you could have grounds to make an accident in the street claim.
An accident that occurs in the street could cause a number of different injuries. These can range from relatively minor injuries like cuts, bruises and scrapes to serious and potentially life-changing injuries such as broken bones or a head injury.
Accident in the street claim guide
If you still have questions after finishing this guide, our team will be happy to help by offering free legal advice. Alternatively, they could offer you a free, no-obligation valuation of your claim.
By asking a few quick questions, they can determine whether you could have grounds to make a claim. What’s more, if you’d like legal representation, we work with a panel of personal injury lawyers that could get to work on your case right away. They all work on a No Win No Fee basis.
To get in touch today, simply choose one of the following options:
- Call us on 0161 696 9685
- Chat to us on our live pop-up
- Complete a contact form to get a callback
Select A Section
- A Guide On Making An Accident In The Street Compensation Claim
- Types Of Damages Awarded For Pedestrian And Pavement Accidents
- Calculate Compensation For An Accident In The Street
- What Are Accidents In The Street?
- Causes Of Accidents In The Street
- Liability For Pavement Accidents
- When Could Businesses And Retailers Be Liable For Your Accident?
- Businesses’ Liability For Accidents Caused By Hazards On A Public Highway
- How To Claim For An Accident In The Street
- Make A No Win No Fee Claim For An Accident In The Street
- Get Advice From Our Team
- Related Guides
- Pedestrian Pavement Accident Statistics
- FAQs
A Guide On Making An Accident In The Street Compensation Claim
To begin our accident on the street claims guide, we’ll explore how accidents can happen and how you could suffer as a result. Next, we’ll look at some relevant legislation to help determine who could be liable for your suffering.
We’ll then move onto the topic of compensation, exploring what types of damage could be claimed for and how compensation awards are calculated. In addition, we’ve provided a table to give you an idea of the range of awards provided in past cases for different injuries.
Furthermore, we’ll explain what steps to take to give your claim the best chances of success. This includes discussing how a No Win No Fee agreement could benefit you and how our panel of personal injury lawyers could help.
So, to learn more about accident in the street claims, please read on or get in touch today.
Types Of Damages Awarded For Pedestrian And Pavement Accidents
From being struck by an oncoming vehicle to making a pavement trip claim, there are many ways that accidents in the street could happen. However, your injuries happened because someone breached their duty of care towards you, you may be able to claim.
Generally, there are two heads of damage that constitute a personal injury payout. The first is general damages, which address any physical or psychological damage that you may have suffered. We’ll discuss general damages in more detail in the next section.
The second head of damage is special damages, which address any subsequent financial losses that you may have suffered. In claiming special damages, you could be able to restore yourself back to the financial position you were in before your accident in the street. Some examples of potentially recoverable losses include:
- Loss of earnings or potential future loss of earnings
- Medical expenses or private treatment not offered by the NHS
- Travel expenses for appointments relating to your injury
- Care costs, including any gracious care provided by loved ones
- Domestic help, such as a cleaner to help while you’re recovering
- Home adaptations to meet your needs after your accident
Whether you had to take time off work and you’d like to recover your lost earnings, or you’ve had to pay out of pocket for expenses related to your injuries, you could be able to claim these as special damages. You would need evidence of these losses in order to be able to claim.
For more information on what you could be compensated for, please read on or get in touch today for a free consultation.
Calculate Compensation For An Accident In The Street
In this section, we’ll explore how compensation for general damages can be calculated. General damages address any physical and psychological damage that you suffered, including any injuries and trauma. In order to calculate compensation for general damages, there is a range of factors to consider, including:
- The severity of your injuries and the extent of your suffering
- Length of your recovery period or whether the injury is permanent
- Affect on your overall quality of life
These factors can be established by undergoing a medical assessment with an independent expert. As part of your appointment, you’ll be asked a range of questions about your accident and the effect it’s had on you. If you’ve been unable to complete day-to-day activities or your usual lifestyle has been interrupted by your injuries, these are things that will be factored into your payout.
If you choose to work with our panel of personal injury lawyers, they’ll be happy to arrange this appointment as quickly and conveniently for you as possible.
Following your medical assessment, you’ll receive a report summarising any findings. These findings can then be used to help value your claim. The Judicial College Guidelines provides compensation brackets for a range of injuries of different severities. However, these are only guidelines as each claim is valued on a case-by-case basis.
Instead of including a personal injury claims calculator, we’ve chosen to illustrate the compensation you could receive in the table below:
| Injury type | Notes | How much? |
|---|---|---|
| Minor brain/head injury | Where there is minimal brain damage, if any at all | £2,070 to £11,980 |
| Less severe brain damage | The injured person will have made a good recovery and will be able to work and socialise. There may be some ongoing problems with things like memory and concentration. | £14,380 to £40,410 |
| Moderate neck injury (i) | Injuries within this bracket will cause immediate symptoms and will leave function markedly impaired. | £23,460 to £36,120 |
| Minor back injury (i) | Where a full recovery has been made without surgery within 2 to 5 years. | £7,410 to £11,730 |
| Moderate injuries to the hips and pelvis | Where the injury is significant but the injured person is not majorly disabled and there is no great future risk | £24,950 to £36,770 |
| Moderate or minor elbow injury | Simple fractures and lacerations which cause no permanent damage or impaired function | Up to £11,820 |
| Wrist injury | Where recovery from a soft tissue injury or fracture is complete but takes longer than expected | Rarely exceed £9,620 |
| Thumb | Where the thumb is severely dislocated | £3,710 to £6,360 |
| Fracture of clavicle | The extent of the fracture and any residual effects will be considered when valuing injuries in this bracket | £4,830 to £11,490 |
| Serious shoulder injury | Where the shoulder has been dislocated and the lower brachial plexus has been damaged, resulting in shoulder and neck pain and a weakened grip | £11,980 to £18,020 |
If you can’t see your injury in the table above, don’t worry; this isn’t an extensive list. Get in touch with our team today to see if you could be owed compensation for your suffering.
What Are Accidents In The Street?
An accident in the street could take the form of a slip, trip or fall. However, you could also be involved in a road traffic accident while walking down the street. You may also be injured because of construction that is being done.
Determining who’s liable for your injuries can be complex. However, some third parties that could be responsible might include:
- Local councils and authorities – Under The Occupiers’ Liability Act 1957, local councils and authorities have a duty of care towards those who use the space for the purpose intended. If a hazard was reported to them, but they failed to act upon it in a reasonable timeframe, this would be an example of them breaching their duty of care. You could have grounds to claim if you suffered as a result.
- Fellow road users – All road users owe one another a duty of care and are expected to follow the guidance in the Highway Code. For instance, you may be on the pavement when a driver loses control of the car because they were travelling too fast, causing them to crash into you. You may be able to claim compensation for your injuries.
- Businesses – Under The Occupiers’ Liability Act 1957, businesses owners have a duty of care to anyone using their services or simply passing through their premises. Failure to take all reasonably practicable steps to ensure the safety of the public is a breach of their duty of care. For example, if a shop owner leaves stray wires on the pavement outside their entrance and you trip on them, you could have grounds to claim.
To learn more about potential causes of accidents in the street, please read on. If you would like free legal advice about claiming, you can contact our team.
Causes Of Accidents In The Street
As mentioned, there are many ways that an accident in the street could happen. However, if third-party negligence led to the accident in which you were injured, you could have grounds to make an accident in the street claim. Some examples could include:
- Tripping on a raised paving slab
- Falling on a loose kerbstone
- Being hit by a speeding car while crossing the road
- Falling down a hole because roadworks were left unattended and without the proper signage
You may not be immediately aware of who is responsible for the accident you were involved in. Our team can help. Get in touch with us today for a free, no-obligation valuation of your claim.
Liability For Pavement Accidents
Local councils and authorities are generally responsible for maintaining public roads and pavements. Under the Highways Act 1980, they must take steps to help ensure that surfaces are free from hazards that could cause harm.
Over time, surfaces can fall into a state of disrepair as a result of regular use, weathering and even underlying tree roots. Therefore, councils must have systems in place for regular maintenance checks and repairs, as well as a system for the public to report any hazards.
If a pavement hazard was reported to your council, but they failed to act upon it in a reasonable timeframe, you could have grounds to claim for your subsequent suffering.
However, there are some factors that could affect your eligibility to make a claim. For example, if a pavement defect that you tripped on was smaller than 1inch, you may not have grounds to make a claim. If you’re unsure whether or not your claim is valid, please get in touch today to receive a free consultation.
When Could Business And Retailers Be Liable For Your Accident?
Under The Occupiers’ Liability Act 1957, those in control of public spaces (referred to as the “occupier”) have a responsibility to keep them safe. Therefore, if a business owner or operator fails to uphold this duty and you suffer an accident in the street as a result, you could be entitled to compensation.
For example, a business may have an outside seating space that goes out onto the pavement. A customer could spill a drink which a server fails to clean up or signpost within a reasonable amount of time. This could lead to someone slipping and falling, resulting in injury.
In order to claim compensation for an accident like this, you would need to show that the business was in breach of its duty of care. For instance, if someone spilt a drink and you slipped on it a few seconds later, you would be unlikely to receive compensation. This is because they can’t reasonably have been expected to deal with the issue in the space of a few seconds.
Businesses Liability For Accidents Caused By Hazards On A Public Highway
If a pedestrian has an accident on the street because a business has blocked a public highway, the business could be liable. For instance, they may display an advertisement board outside the front of their shop or put goods in front of their windows to entice customers in.
If a pedestrian were involved in an accident like this, they could be injured as a result. This could result in the business being liable for the pedestrian’s injuries.
Furthermore, a business could contribute to a road accident if their obstruction meant that an accident occurred. For instance, a pedestrian with a buggy or in a wheelchair could be forced to walk on the road.
To learn more about making a claim against a business, please speak to one of our advisors today.
How To Claim For An Accident In The Street
If you’d like to take the next step towards making a claim, speak to our team of specialist advisors today. As a courtesy, we offer free consultations to all prospective claimants. There’s no obligation to proceed if you don’t want to, so you’ve got nothing to lose by getting in touch. By asking a few quick questions, they can determine whether you could have grounds to make a claim. You can find contact details at the end of this guide.
What’s more, if you’d like legal representation, we work with a panel of personal injury lawyers. They all work on a No Win No Fee basis, and we may be able to connect you with a solicitor if your claim has a good chance of success.
In the meantime, here are some steps you can take to give your potential claim the best chances of success:
- Seek medical attention as soon as possible – this not only ensures that your injuries are seen by a professional but logs them on your medical record for future reference
- Collect evidence at the scene – this can be done by simply taking photos and videos of your injuries and the hazard that led to the accident happening
- Obtain contact information from any witnesses to your accident – a solicitor could then get in touch with them to collect statements
- Retain proof of financial losses – this includes receipts, invoices, bank statements and the like
Make A No Win No Fee Claim For An Accident In The Street
No Win No Fee agreements allow claimants quick access to legal representation without the usual financial risk associated with having a solicitor work on your claim.
Typically, solicitors may charge an upfront fee, and you could incur additional costs if they charge by the hour. However, with a No Win No Fee solicitor, there are no upfront fees, running fees or any fees to pay them if your claim fails.
There is only a small, legally capped percentage that’s deducted from your final award if your claim is successful. This success fee is kept low by law to make sure that you still receive the bulk of your payout.
Did you know that our panel of personal injury lawyers works on a No Win No Fee basis? To learn more about their services or for details on how to get in touch, please read on.
Get Advice From Our Team
If you’d like to take the next step towards making a claim, speak to our team of advisors today. As a courtesy, we offer free consultations to all prospective claimants, with no obligation to proceed if you don’t want to.
By asking a few quick questions, they can determine whether you could have grounds to make a claim. What’s more, if you’d like legal representation, we work with a panel of personal injury lawyers that could get to work on your case right away.
To get in touch today, simply choose one of the following options:
- Call us on 0161 696 9685
- Chat to us on our live pop-up
- Complete a contact form to get a callback
Related Guides
Thank you for reading our guide on how to make an accident in the street claim. To finish, we’ll leave you with some of our alternative guides to browse at your convenience:
- Pedestrian accident compensation claims
- Manhole or drain accident claims
- Zebra crossing compensation claims
Furthermore, please follow the links below to some external resources offering more information:
- Provisional results of reported road casualties in Britain for 2020
- Making a claim through the Motor Insurers’ Bureau
- RoSPA’s pedestrian policy
Alternatively, you can find recent statistics on pedestrian casualties in the next section.
Pedestrian Pavement Accident Statistics
According to ROSPA, 448 pedestrians were killed on British roads in 2016, accounting for 25% of the total reported road fatalities. Furthermore, over 5,000 pedestrians were seriously injured, and almost 18,000 were slightly injured.
Of these figures, some groups were found to be more vulnerable than others. Children and young people from disadvantaged backgrounds were found to be at the highest risk, alongside the elderly.
To illustrate, the table below contains figures of pedestrian casualties by age range:
| Child (0 - 15) | Young person (0 - 17) | Adult (18 - 59) | Adult (60+) | |
|---|---|---|---|---|
| Killed | 34 | 43 | 218 | 186 |
| Seriously injured | 1,253 | 1,414 | 2,346 | 1,324 |
| Slightly injured | 4,711 | 5,392 | 9,532 | 2,674 |
| Total | 5,998 | 6,849 | 12,096 | 4,184 |
FAQs
Here are some frequently asked questions about accident in the street claims to round up our guide:
Can I claim compensation for my child?
If your child was injured in an accident on the street, you could be able to claim compensation for them by acting as their litigation friend. However, you don’t need to be related to the child to act as a litigation friend; anyone who is suitable can be appointed.
How much compensation do you get for a trip or fall?
Each case of personal injury is valued individually. Therefore, there’s no way of saying how much you could be entitled to without learning more about your circumstances. Please get in touch today for a free consultation.
What damages could I claim as part of personal injury?
General damages could be claimed to cover physical and psychological injuries. Similarly, special damages could be claimed to cover any associated financial losses.
Do I need a personal injury lawyer?
There is no requirement to have legal representation when making a claim. However, the claims process can be complex, particularly when liability is not clear cut. With this in mind, you could benefit from having a personal injury lawyer handle your case on your behalf. Speak to us today for more information on how a solicitor could help you claim.
What is the personal injury claims time limit?
Generally, you have 3 years to begin making your claim. There are exceptions to this, however. Speak to a member of our team today to find out more.
Thank you for reading our guide on how to make an accident in the street claim.
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