The focus of this guide is to find out who could be eligible to make a road traffic accident claim if injured as a pedestrian on the road and to discuss what is the average settlement for a pedestrian hit by a car.
Pedestrians are amongst the most vulnerable road users with the least protection. Accidents can happen despite taking precautions when out and about. If a pedestrian is hit by a car in a road traffic accident, the physical and psychological effects can be traumatic and long-lasting.
Are you a pedestrian that has been hit by a car? Was this the fault of the driver? We will discuss the eligibility criteria for making a personal injury claim after being injured as a pedestrian and the evidence you may need to support your claim. Furthermore, we will explore common types of injuries that could be suffered in a road traffic accident and how personal injury compensation is worked out.
For more information on whether you could make a personal injury claim as a pedestrian that has been hit by a car, please continue reading. Otherwise, you can get in touch with our team directly through one of the following ways:
Browse Our Guide
- What Is The Average Settlement For A Pedestrian Hit By A Car?
- When Are You Eligible To Make A Pedestrian Hit By Car Claim?
- Examples Of Accidents That Could Lead To A Pedestrian Accident Claim
- Evidence That Could Be Used In Pedestrian Claims
- Make A Pedestrian Accident Claim Using Our Panel Of No Win No Fee Solicitors
- Additional Resources To The Average Settlement In A Pedestrian Hit By A Car Claim
If you are a pedestrian that has been hit by a car, you may be able to make a personal injury claim if you can prove that your injuries were due to a car driver’s negligence. In this instance, a driver’s negligence refers to the breach of duty of care, which causes harm.
If your claim turns out to be successful, there are two heads of damages which you can claim for – special and general. They both address the different impacts that your injuries have caused you.
Firstly, general damages compensate for the physical and mental pain and suffering you have endured. The severity of your injuries, the recovery time, the loss of enjoyment and the quality of life are all considered when this head of claim is determined.
Solicitors often use the guidance of the Judicial College Guidelines (JCG) and your medical records as a reference when evaluating your injuries. Below is a table with injuries and their corresponding guideline amount brackets taken from the JCG.
Providing the average settlement for a pedestrian hit by a car would not provide any useful information, this is because there are many determining factors that make a claim unique. The figures in the JCG are not guaranteed since each claim is individually assessed.
|Brain damage||Very severe (a)||£282,010 to £403,990||There may be some ability to follow basic commands. There will be little, if any, evidence of meaningful response to environment, with little or no language function.|
|Moderately severe (b)||£219,070 to £282,010||The injured person will be very disabled. There will be substantial dependence on others and a need for constant professional care.|
|Moderate (c) (iii)||£43,060 to £90,720||Cases in which concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy, and any dependence on others is very limited.|
|Post-traumatic stress disorder||Moderate (c)||£8,180 to £23,150||The injured person will have largely recovered and any continuing effects will not be grossly disabling.|
|Chest||Traumatic injury to chest, lung(s), and/or heart. (b)||£65,740 to £100,670||Where there is permanent damage, an impairment of function, physical disability, and a reduction of life expectancy.
|Simple (d)||£12,590 to £17,960||A single penetrating wound causing some permanent damage to tissue, but with no significant long-term effect on lung function.|
|Back||Severe (a) (iii)||£38,780 to £69,730||Cases of disc lesions or fractures of discs or of vertebral bodies, or soft tissue injuries leading to chronic conditions of continuing pain and discomfort.|
|Minor (c) (i)||£7,890 to £12,510||Where a full recovery without surgery takes between two and five years.|
|Leg||Amputation (a) (ii)||£201,490 to £270,100||Below the knee on both legs. Symptoms include phantom back pain and psychological issues.|
|Severe (b) (iii)||£39,200 to £54,830||Serious compound or comminuted fractures or injuries to joints or ligaments resulting in instability and prolonged treatment.|
Claiming Financial Losses After A Pedestrian Accident
On the other hand, special damages compensate for the financial losses incurred due to your injuries. Listed are a few examples of finances you may have lost, along with the accompanying evidence that can support these expenses:
- Loss of earnings during your recovery time. Payslips can prove this.
- Medical care in the form of prescriptions. Receipts or bank statements can support this.
- Travel costs to and from the hospital. Travel tickets or receipts can show this.
- Costs for any adaptations needed in your home. For example, if you are left with a disability and now need a stairlift for more accessible mobility. Invoices can support this.
- Care costs. For example, if you need childcare cover while you are recovering. Bank statements can demonstrate this.
Our team is on hand to discuss any enquiries you have about what you can potentially claim for due to the effects of your injuries.
To have an eligible claim, as a pedestrian who has been hit by a car, the driver that injured you would need to be deemed negligent. The eligibility criteria for making a personal injury claim after being hit as a pedestrian in a road accident by a car driver are:
- The driver owed a duty of care to you as a road user.
- That they breached their duty of care through their actions or lack thereof.
- They caused or contributed to your injury due to this breach.
All road users owe each other a duty of care on the roads not to cause harm or damage to themselves or others. To Fulfil this duty of care, road users must abide by and adhere to The Road Traffic Act 1988, and The Highway Code.
If you would like to inquire about your road traffic accident claim eligibility after being hit by a car as a pedestrian, please do not hesitate to contact our team, who can discuss this further with you.
How Long After A Road Traffic Accident Can You Claim?
However, there are a few exceptions:
- If the claimant is under eighteen years old, they are unable to claim for themselves as a minor. The time limit is suspended until the minor reaches the age of adulthood. The courts can appoint a litigation friend to make a claim on their behalf while the time limit is suspended. The three-year time limit applies once the claimant turns eighteen, and they have 3 years to begin a claim if one has not already begun.
- If the claimant does not have sufficient mental capacity to pursue a claim, then the time limit is suspended indefinitely. Again a litigation friend can be appointed by the courts to claim on their behalf. However, if the claimant regains the mental capacity to pursue a claim and no claim has been made by a litigation friend, they then have 3 years to initiate legal proceedings from the date of recovery.
To give you a better idea of the types of accidents that may cause pedestrian injury and be classed as negligence, we have provided a list of examples:
- While you are walking on a footpath, a drunk driver swerves into you.
- A car hits you at a junction because they are going above the speed limit and try to brake harshly, leading to them losing control of the vehicle.
- A driver reverses into you as they forget to check their mirrors beforehand.
- A driver goes into you as they are looking down at their mobile phone and not paying attention to the road ahead, so they fail to notice you walking across a zebra/pedestrian crossing.
- A driver goes into you as you cross the road as they did not stop at the red traffic lights in time.
These are only a selected number of potential instances. Find out today if your pedestrian injury was a result of driver negligence by getting in touch with our team.
Providing evidence that the driver was at fault may be essential for your pedestrian claim, especially if the driver refuses to accept liability for your injuries. Seeking medical attention is absolutely essential for getting the treatment you need but also for making a good recovery, that said, medical records are also a useful way of proving how you were injured and can be used as evidence.
The potential evidence that you can gather can comprise of the following:
- CCTV footage or dash cam footage of the incident and the moments leading up to it.
- Recording in a dated diary your symptoms. This can be particularly good for illustrating your physical and mental state change from before and after the accident.
- Copies of your medical records and any doctor’s notes. This can include scan photos.
- Photographs of your injuries and the accident.
- Collecting contact details from any potential witnesses. They can be interviewed during the claims process to give their account of the accident and how it occurred.
If you choose to work with a solicitor from our panel, they will help you gather this evidence. If you require our help and support, please get in touch with our team today, who may be able to connect you with a No Win No Fee solicitor.
Provided you have an eligible road traffic accident claim, an advisor could connect you with our panel of No Win No Fee solicitors. They could represent you on a No Win No Fee basis under a Conditional Fee Agreement (CFA), should you wish.
A CFA is a contract that you and your solicitor can enter into. Under a CFA, you will not have to pay for the services your solicitor provides at the following times:
- As your claim progresses
- If your claim failed.
Alternatively, if your claim is successful, your solicitor can take a legally capped percentage of up to 25% from the compensation you are awarded. This is known as a success fee.
Our team can assess whether you are eligible to pursue a pedestrian accident claim. They are available to respond 24/7 through either of the following:
If you have found this guide useful about the average settlement for a pedestrian hit by a car, please see our other resources:
- Learn how to claim for a hit and run car accident.
- Find out how to claim for a pedestrian hit by a bus.
- Learn what you should do if an uninsured driver hits you.
Alternatively, we think these external links may also be of use to you: