Have you been injured as a pedestrian in a road traffic accident? Are you wondering how to make a pedestrian claim against a driver? In this guide, we are going to look at when you could be eligible to make a personal injury claim if harmed in an accident on the road. In particular, we will look at what a duty of care for all road users is and how a breach of this duty could lead to you sustaining injuries. We will also assess the eligibility criteria that come with proving negligence in a road traffic accident claim.
We will touch on different types of evidence that could be collected to strengthen the likelihood of a successful claim.
If you have any further questions about pursuing a pedestrian claim against a driver after reading this guide, please contact one of our advisors for a free assessment. You may be connected to a No Win No Fee personal injury solicitor from our panel:
Browse Our Guide
- Making A Pedestrian Claim Against A Driver – The Eligibility Criteria
- When Could I Make A Pedestrian Claim Against A Driver?
- Potential Compensation From A Pedestrian Road Traffic Accident Claim
- What Evidence Could Help Me Receive Compensation After A Pedestrian Accident?
- Claim For Driver Negligence On A No Win No Fee Basis Using Our Panel Of Solicitors
- Learn More About Making A Pedestrian Road Traffic Accident Claim
All road users owe each other a duty of care not to cause harm or damage to themselves or others. As part of this duty, road users must ensure that they follow all the rules set out in the Road Traffic Act 1988 and The Highway Code.
To make a personal injury claim as a pedestrian injured in a road traffic accident, you must be able to prove:
- The driver owed you a duty of care
- There was a breach in this duty of care due to the driver’s actions or inactions
- The breach of duty caused you to be injured
A solicitor may be able to help you if you have the grounds to make a valid claim. If you would like to see if you could be connected to our panel of pedestrian accident solicitors, please call one of our advisors today.
Pedestrian accident claims against a driver can be made for different reasons. Below we have included some examples of how you may be caused harm by a driver:
- You could have been walking across a zebra crossing, and a car may have failed to slow down. As a result, you were hit by the car, and you could have experienced a back injury or a brain injury
- A drunk driver may have hit you as you were walking across a junction because they drove through a red light. This could have led to you sustaining a leg injury.
- A driver could have forgotten to check their mirrors before reversing. As a result, they reversed over your foot, causing a foot injury
- A van, that was travelling over the speed limit, may have lost control as they were trying to brake to come to a halt. Consequently, you were hit by the van, and you suffered a serious injury such as a leg injury and an arm injury.
Is There A Time Limit To Claim For A Pedestrian Accident?
The Limitation Act 1980 states that you need to have begun a claim within three years of the accident occurring. However, in some instances, exceptions can apply. For example:
- Under 18 – The time limit is suspended. They have three years from the date of their 18th birthday to pursue a claim. In the meantime, a litigation friend, who acts in the best interest of the claimant, can be appointed to claim on the child’s behalf. This could be a parent or guardian.
- Reduced mental capacity – If someone lacks the mental capacity to pursue a claim themselves, they are not subject to a time limit. A litigation friend can be appointed to claim on their behalf. If they regain the mental capacity to claim for themselves and no claim has been made by a litigation friend, then they have 3 years from the date of recovery to start a claim.
To find out if you are within time to pursue your pedestrian claim against a driver, call our advisors today for a free case assessment.
If your road traffic accident claim is successful, you could be compensated for up to two heads of claim. Firstly, general damages are awarded to account for the pain and suffering that has been directly caused by your physical or psychological injuries. The severity of your injuries and the impact they’ve had on your quality of life are factored in when your claim value is being calculated.
The Judicial College Guidelines (JCG) are used by legal professionals, such as solicitors, to help assign a value to your injuries. The JCG is a publication which contains guideline compensation brackets for different injuries ranging in severity.
As each claim is unique, these figures are strictly a guideline and not guaranteed. Your claim will be valued on a case-by-case basis.
Compensation Guideline Bracket Table
|Injury Type||Severity Of Injury||Notes||Award Bracket|
|Injury From Brain Damage||Very Severe||This bracket includes little to no language function, with the need for around the clock carers||£282,010 to £403,990|
|Injury From Brain Damage||Less Severe||The injured party will have made a good recovery but may still suffer from memory issues and concentration problems||£15,320 to £43,060|
|Arm Injury||Severe||Injuries don't require amputation, but the injured party isn't left much better off than if they did||£96,160 to £130,930|
|Arm Injury||Simple||Simple fractures of the forearm will be experienced||£6,610 to £19,200|
|Back Injury||Severe (i)||Considerable amount of damage to the spinal cord and the nerve roots. Pain and disability will be evident||£91,090 to £160,980|
|Back Injury||Moderate (ii)||Ligaments and muscles have been disrupted causing backache.||£12,510 to £27,760|
|Foot Injury||Very Severe||Severe permanent disability that poses the risk of amputation||£83,960 to £109,650|
|Foot Injury||Moderate||This bracket includes metatarsal fractures which can result in permanent deformity.||£13,740 to £24,990|
|Leg Injury||Severe (ii)||Injured party will require mobility aids or crutches for the remainder of their life. Extensive treatment will have been undergone||£54,830 to £87,890|
|Leg Injury||Less Serious (iii)||This bracket involves simple fractures to the tibia and fibula or the experience of soft-tissue injuries||Up to £11,840|
Claiming Special Damages In A Road Accident Claim
The second head of claim is known as special damages. Special damages are a reimbursement of any financial losses. Examples of these losses include:
- Travel costs, e.g. getting a taxi to a hospital appointment
- Care costs
- Loss of earnings
- Necessary adaptations to a vehicle or home
Receipts, payslips and invoices are some of the ways in which evidence of these costs can be obtained, should you wish to claim these losses back. To have your pedestrian claim against a driver valued for free, please call our advisors today.
When pursuing a claim after you’ve been injured in a road traffic accident, gathering evidence can work to prove that driver negligence has caused your injuries. Examples of evidence that could be obtained can include:
- CCTV footage that captured the incident
- Photographs of your injuries and the site where the accident took place
- Medical records e.g. scans and X-rays
- Taking the contact information of any potential witnesses that may be willing to give a statement at a later date
- A diary that includes details of treatments and symptoms as well as thoughts and feelings to illustrate the impact the accident has had on you
Along with building your case, our panel of personal injury solicitors can assist you with collecting evidence. If this is something you may require help with, please contact us today.
One of the pedestrian accident solicitors on our panel may be able to represent you under a No Win No Fee agreement. This means that if your claim fails, you generally aren’t required to pay for any work the solicitor has done on your case. Furthermore, you aren’t required to pay any upfront fees. However, if your case wins, your solicitor will subtract a small percentage from the compensation, which is capped by the law. This is known as a success fee.
Contact us today if you wish to make a pedestrian claim against a driver. One of our advisors can give you a free assessment to see if you have the grounds to pursue a valid claim. If you do, you could be connected to our panel of expert road accident solicitors. To get in touch:
We have included some of our own guides that we think you may find helpful when pursuing a road accident claim:
Lastly, we have included some links to other guides that we think may prove to be useful:
Motor Insurers’ Bureau – helps with road traffic accidents where a driver has no insurance or hasn’t been identified
GOV.UK – Drink-driving penalties