By Stephen Kane. Last Updated 26th June 2023. Pedestrians are perhaps the least protected road users. Generally, a vehicle collision involving a pedestrian will result in serious injuries. That could involve collisions with cars, motorbikes, vans, lorries and also cyclists. In this guide, we are going to look at when you could claim if you have been hit at a junction as a pedestrian. The information might also be useful for anybody claiming on behalf of somebody else who has been injured. We will look at how the claims process works, and we’ll demonstrate how you could claim if the responsible party fled the scene of the accident.
Advice.co.uk are here for you if you would like to talk about your claim. We offer completely free legal advice, and we’ll also assess your case on a no-obligation basis. If your case appears to have good grounds, we could pass it to a personal injury solicitor from our panel. Importantly, should they decide to take your claim on, it will be processed on a No Win No Fee basis.
Interested in starting a claim right away? If so call us today on 0161 696 9685 to get the ball rolling. Otherwise, please continue reading to find out more about claiming for road traffic accidents involving pedestrians.
Select A Section
- Pedestrian Hit At A Junction Compensation Calculator
- Examples Of Other Types Of Damages
- What Is An Accident At A Junction?
- Pedestrians Hit When Crossing The Road At A Junction
- Pedestrian Hit And Run Accidents At A Junction
- Eligibility To Claim As A Pedestrian Hit At A Junction
- Personal Injury Claim Time Limit When Hit At A Junction
- No Win No Fee Pedestrian Hit At A Junction Car Accident Claims
- Other Resources
Pedestrian Hit At A Junction Compensation Calculator
In this section, we are going to use a personal injury calculator table to look at potential compensation amounts. The amount awarded to cover pain and suffering caused by your injuries is known as general damages. Therefore, our table contains general damages figures from the Judicial College Guidelines, a document used to standardise compensation settlement amounts.
Please bear in mind that the amounts listed are examples only. That’s because no two claims are the same. If you call one of our specialists, they will review your claim with you and provide a more accurate compensation estimate.
|Face||Fractures||£14,900 to £23,950||Covers multiple facial fractures where there is some form of permanent deformity.|
|Neck||Minor||£4,350 to £7,890||Injuries to the soft tissue in the neck which takes a year or two to fully heal without treatment.|
|Back||Moderate||£12,510 to £27,760||Ligament or muscle damage that results in backache and prolapsed discs where laminectomy might be necessary.|
|Shoulder||Serious||£12,770 to £19,200||Dislocated shoulder injuries and additional damage to the lower brachial plexus.|
|Leg||Amputation||£97,980 to £132,990||Covers the below-knee amputation of a single leg.|
|Ankle||Minor||£7,270 to £12,590||An example in this category tendon damage resulting from the turning of the ankle.|
|Feet||Modest||£13,740 to £24,990||Covers puncture wounds, ruptured ligaments and also simple metatarsal fractures.|
To achieve the correct level of compensation, you are required to provide evidence to show the severity of your injuries. To help with this, you may need a medical assessment during the claims process. This will usually be conducted locally.
In your appointment, you will be asked questions about your injuries by an independent specialist. They will also examine you and review any medical records. After they have finished the specialist will prepare a report containing a prognosis as well as an explanation of your current injuries.
Examples Of Other Types Of Damages
As well as requesting compensation for your injuries, it may be possible to ask for financial losses incurred as a result of your injuries to be claimed back. This process is known as a special damages claim. It is not a penalty or fine, it simply aims to put you in the same financial position you were in before the accident.
As with general damages, special damages vary with each case. The things you might be able to claim for include:
- Travel expenses. If you incur fuel costs, transport fares or parking fees linked to medical appointments, for instance, they could all be added to your claim.
- Medical costs. While you will be treated for free by the NHS, you could still incur medical expenses. For example, you may need to claim back prescription fees, or the cost of services not offered by the NHS.
- Care costs. You may need to claim back costs related to your care while you recovered from your injuries. This might include the cost of a professional carer or the time a loved one spent supporting you.
- Lost income. In the short term, you may need to claim back lost earnings caused because you took time off to recover.
- Future lost income. Longer-term, it might be necessary to add future loss of earnings to your claim. This might be necessary if your injuries mean your ability to work will continue to be adversely affected.
- Home or vehicle adaptations. If you are left disabled as a result of the accident, making changes to your home or car might make it easier to cope. If that’s the case, you could claim back the associated costs.
What Is An Accident At A Junction?
We are now going to look at a couple of different scenarios relating to pedestrian road traffic accidents. Don’t worry if you can’t see a case similar to yours, we could still help. If you believe you were hit by a vehicle while crossing a junction because the driver was to blame, we could help. Please call today for free legal advice.
In general terms, pedestrian accidents are those involving a vehicle and a person on foot. To make a claim for a pedestrian accident, you would need to prove it was the driver’s fault.
Pedestrian accidents at junctions happen when a pedestrian is hit by a vehicle whilst they are crossing a junction. That might mean they were using a zebra crossing, pelican crossing or any other type of junction.
Pedestrians Hit When Crossing The Road At A Junction
As we have mentioned already, pedestrians who are crossing a zebra crossing because they have checked it is safe to do so but a driver fails to stop may mean that if the pedestrian is hit and injured they could be eligible for compensation. We’ll discuss what to do if the driver responsible for the accident didn’t stop in the next section.
Additionally, if a vehicle mounts the pavement and hits you while walking, you could be entitled to claim for your injuries. The same might be true if you hurt yourself while taking evasive action to avoid a collision.
Finally, if you are hit while crossing the road at any other type of junction, you will need to show that the driver was at fault if you wish to claim. That might mean they were travelling in excess of the speed limit, driving erratically or not paying attention.
Pedestrian Hit And Run Accidents At A Junction
You might think that claiming for your injuries would be difficult if they were caused by a hit and run driver. However, there is a scheme that could help. The Motor Insurers’ Bureau is a scheme set up by the insurance industry. It is able to help with claims involving uninsured or untraceable drivers.
The MIB require as much information about the vehicle as possible because, even after they have settled a claim, they will try to pursue the driver. Therefore, try to record as much information as possible such as:
- Car make and model.
- Colour of the car.
- Details of any witnesses.
- The vehicle registration number (even if only partial).
- The police crime number.
- Dashcam footage if there is any available from witness vehicles.
- Medical records and reports to verify your injuries.
The MIB allows you to seek legal advice and support for a claim. We could help make the claims process easier for you. A solicitor from our panel could also try to ensure all aspects of your suffering are included in your claim. Please call our team today if you would like to know more about making a MIB claim.
Eligibility To Claim As A Pedestrian Hit At A Junction
In this part of our guide, we will explain why you could take legal action. To be entitled to claim compensation, you will need to show that:
- The defendant owed you a legal duty of care.
- An accident occurred because the defendant was negligent.
- As a result of the accident, you sustained an injury.
Duty of care is quite easy to establish because all road users need to ensure they follow the rules of the road whether they are pedestrians, cyclists, motorbike riders or vehicle drivers. To help prove the other two points, you could use photographs, dashcam footage, witness statements, medical records and police reports.
If you intend to make a pedestrian injury compensation claim after being hit at a junction, you should be aware of the relevant time limit to start proceedings. As stated in the Limitation Act 1980, there is generally a three-year time limit for starting a personal injury claim. This time limit applies from the date your accident occurred.
The time limit for starting a pedestrian accident claim can work differently under certain circumstances. For example, if a child is injured when they were hit at a junction, then the time limit will be paused until the day of their 18th birthday. Before this date, a claim could be made on the child’s behalf by a court-appointed litigation friend. If, however, this does not happen, then the injured party will have three years to start their own claim starting from the day they turn 18.
If the injured party lacks the mental capacity to make their own claim, the time limit is suspended indefinitely. A litigation friend could make a claim on the injured person’s behalf. However, if the injured party later regains sufficient mental capacity and a claim hasn’t already been made, then the three-year time limit will start from the date of recovery.
To learn more about the time limit for making a pedestrian injury claim, get in touch with our advisors online or on the phone today.
We appreciate that the risk of paying a lawyer for their services and then losing your claim is too risky for most people. Therefore, we work with a panel of No Win No Fee personal injury solicitors. Although by law you can pursue the claim alone many find that working with a solicitor offers many benefits. No Win No Fee solicitors allow you to reduce your financial risk while still getting access to an experienced legal representative. All in all, that means your claim is more likely to be less stressful.
Your claim will need to be assessed before it is accepted by the solicitor. After the assessment, you will be given a Conditional Fee Agreement (CFA) to sign if the solicitor agrees to work for you. The purpose of the CFA is to set out under what circumstances the solicitor will be paid.
Should your claim be won, and you are paid compensation, your solicitor will receive a success fee. This is a percentage of your settlement figure which is deducted from your compensation before you are paid. The success fee percentage is made clear in the CFA so you will know about it before agreeing to work with the solicitor.
No Win No Fee solicitors mean that you:
- Aren’t liable to pay any upfront solicitor fees.
- Won’t be billed for your solicitor’s time while they work on your case.
- Don’t have to pay any solicitor’s fees at all if the claim is lost.
Please contact us today if you’d like to check if you could proceed on a No Win No Fee basis. You can:
- Use live chat to find out your options from an online advisor.
- Call our free advice centre to explain how you were injured on 0161 696 9685.
- Ask for us to call you back when it’s convenient by completing this form.
We have reached the final section of our guide about claiming for injuries caused after being hit as a pedestrian at a junction. To conclude the article, we have listed some useful links below. If you need any further details about claiming, please call our team today.
The Highway Code – UK Government provide information about the Highway Code.
Information About Concussion – Details from the NHS about concussion which could result when a pedestrian hits the floor.
The Road Traffic Act 1988 – Details from legislation about the duty of care.
As we are able to support different types of personal injury claims, we have added more of our articles below:
Supermarket Injury Claims – Details about how a personal injury solicitor could help claim for supermarket injuries.
Injury Claim Time Limits – A more thorough look at the different types of time limits that apply in personal injury claims.
Minimum Whiplash Claims – This guide shows the amounts that could be awarded for whiplash injuries.