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
- A Guide To Claims If Hit At A Junction As A Pedestrian
- Pedestrian Hit At A Junction Compensation Calculator
- Examples Of Other Types Of Damages
- What Is An Accident At A Junction?
- When Do Pedestrians Have Right Of Way At A Junction?
- Types Of Road Junctions In The UK
- 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
- Pedestrian Traffic Accident Statistics
- FAQ – Pedestrian Hit At A Junction
- No Win No Fee Pedestrian Hit At A Junction Car Accident Claims
- Contact Us
A Guide To Claims If Hit At A Junction As A Pedestrian
Any road user faces a number of challenges every day. Generally, most drivers adhere to the rules of the road and keep each other safe. However, if a driver isn’t careful, it can be easy to miss a danger up ahead and for an accident to happen. If that accident involves a pedestrian, it could lead to very serious injuries. In some cases, they could also lead to fatalities.
Pedestrians who are unfortunate enough to be injured in this way could claim compensation for their suffering if the accident was caused by third-party negligence. That could be that the driver was driving too fast, not paying attention, using their mobile or overtaking where it was not safe to do so. However, if the accident was caused by the pedestrian then they would not be eligible to claim for their injuries.
We will show you how much compensation could be paid for certain injuries in the next section. We will also look at some frequently asked questions about pedestrian accidents. Additionally, we’ll discuss some different types of junctions and who has what responsibility when using them.
If you would like to claim, you will need to be aware of the current time limits. For adults, you will usually have 3-years from the date of the accident. Or this can be the date of knowledge. Claims for child pedestrians can be made by a responsible adult at any point before they turn 18-years old. If no claim is made before the child’s 18th birthday they then have 3 years to make their own claim.
If you would like us to review your options, for free, please contact our advice centre today. An advisor will explain the claims process to you, answer any questions and provide free legal advice as well.
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||£13,970 to £22,470||Covers multiple facial fractures where there is some form of permanent deformity.|
|Neck||Minor||£4,080 to £7,410||Injuries to the soft tissue in the neck which takes a year or two to fully heal without treatment.|
|Back||Moderate||£11,730 to £26,050||Ligament or muscle damage that results in backache and prolapsed discs where laminectomy might be necessary.|
|Shoulder||Serious||£11,980 to £18,020||Dislocated shoulder injuries and additional damage to the lower brachial plexus.|
|Leg||Amputation||£91,950 to £124,800||Covers the below-knee amputation of a single leg.|
|Ankle||Minor||£6,820 to £11,820||An example in this category tendon damage resulting from the turning of the ankle.|
|Feet||Modest||Up to £12,900||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.
What Are Pedestrian Road Traffic Accidents?
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.
What Are Pedestrian Accidents At Junctions?
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.
When Do Pedestrians Have Right Of Way At A Junction?
When a pedestrian has stepped on to a zebra crossing they have the right of way. However, before the pedestrian steps out they must ensure that the traffic is going to come to a halt. They cannot just walk out on the crossing without assessing the traffic first. They must ensure the traffic has stopped in both directions before proceeding. The traffic does not have to stop until you have moved on to the crossing.
Another rule in favour of pedestrians is provided by rule 170 of the Highway Code. It states that pedestrians have priority if they are crossing a junction on a road a driver turns on to.
Types Of Road Junction In The UK
You may remember learning about different types of road junction when taking your driving theory test, but can you recall them all? Here are a few of them:
- Unmarked junctions – usually found in quieter areas, there will be no road markings, give way or stop signs.
- Marked junctions – these have signs or road markings to help users know who has priority.
- Controlled junctions – these are junctions that have traffic lights on them. They can include multiple lanes, filter lanes and cycling waiting areas.
- Box junctions – these are used to prevent long queues of traffic in busy areas. A hazard box will be marked on the road which road users should not enter if they cannot pass through.
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.
Pedestrian Traffic Accident Statistics
According to these Department for Transport statistics, the number of pedestrians seriously injured or killed in collisions has dropped massively. However, there are still a lot of injuries and fatalities each year. The figures reveal that:
- In 2013, 5,396 pedestrians were killed or seriously injured. However, this is down 74% from 1979’s 20,447.
- Most serious injuries or fatalities involving pedestrians in 2013 happened in urban areas (83%).
- Since the year 2000, there has generally been a decrease in fatalities involving pedestrians. However, there was a slight rise in 2011.
- The risk of pedestrians being killed or seriously injured is 22 times higher than it is for car occupants.
FAQ – Pedestrian Hit At A Junction
Now we are going to spend some time answering some frequently asked questions relating to pedestrian accidents. If we don’t answer your question in this section, please get in touch with a member of our team.
Who is liable when a car hits a pedestrian?
This will vary from case to case. With zebra crossing accidents, as long as the pedestrian has waited for a clear crossing, all traffic has stopped and a driver has completely ignored the pedestrian crossing they could have a clear case for compensation if they are injured. In other cases, the accident will need to be assessed. If the driver was using their phone, speeding, not paying attention or driving aggressively, they may be found liable. On the other hand, if the pedestrian is not paying attention or steps out from between two cars, they could be found liable.
What happens if a car hits a pedestrian?
If a car hits a pedestrian, an assessment of what happened will be required. This could involve a police investigation. If the driver is found to have caused the accident, the pedestrian might be able to take legal action. This could include claiming compensation from the driver’s insurance policy to cover the pain and suffering caused. They would also be able to claim for any expenses or losses – such as loss of earnings if they needed time away from work.
Liability when a pedestrian is hit at a junction
Liability for a pedestrian accident will need to be established on a case by case basis. Evidence that could help with proving what happened includes witness statements, dashcam footage, CCTV, police investigation reports and medical records.
If you believe you have been injured while crossing a junction due to driver negligence, why not contact us today? Our team can answer any questions you might have and assess your claim for free. If your claim appears to be suitable, it might be accepted by a No Win No Fee solicitor from our panel.
No Win No Fee Pedestrian Hit At A Junction Car Accident Claims
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.
Thanks for visiting Advice.co.uk today. If you are ready to discuss your pedestrian collision claim with us, there are several ways to get in touch. 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 operate a 24-hour a day claims line. Please feel free to call at a time that suits you to start the ball rolling. When you do get in touch, we won’t bamboozle you with legal jargon! Our team will go through what happened with you. They will also look at any evidence you’re able to provide. If the claim appears to have good grounds, we could connect you with a personal injury lawyer from our panel. Remember, any accepted claim will be conducted on a No Win No Fee basis.
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.
Page by TE
Published by AL.