By Danielle Nicholson. Last Updated 20th December 2023. If you’ve been injured in a road traffic accident as a pedestrian because another road user breached their duty of care, you may have grounds to claim compensation. Within this guide, we’ll talk you through the different circumstances that could lead to pedestrian accident compensation claims.
Additionally, we will cover the duty of care that road users owe each other when using the road. We’ll also discuss the process of making a claim and how a No Win No Fee solicitor could help you. Furthermore, we will look at how claims are calculated and provide you with some guideline settlement values.
If you would like to speak to an advisor about any aspect of making a pedestrian accident claim or to have your own potential case examined, you can contact our team. You can:
Select A Section
- When Could You Make A Pedestrian Accident Claim?
- Is There A Time Limit For Making My Personal Injury Claim?
- Evidence That Can Support Pedestrian Accident Claims
- List Of Compensation Payouts UK
- Pedestrian Accident Claims – Special Damages
- No Win No Fee Claims For Pedestrian Accident Compensation
- Additional Information
While using the roads, vehicle drivers, cyclists, pedestrians and other road users owe each other a duty of care to navigate in a way that avoids damage and injury to themselves and to others. As part of upholding this duty, all road users must comply with the Highway Code and the Road Traffic Act 1988.
All pedestrian car accident claims must meet the personal injury claims eligibility criteria. This means that in order to claim pedestrian injury compensation, you must be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- The injuries you sustained were caused by this breach.
Claiming Compensation If You Were Injured As A Pedestrian
Accidents involving pedestrians are typically claimed against the insurance company of the vehicles involved. However, in road traffic collisions where the faulting driver does not have insurance or is unidentified, such as in a hit and run, you could make a claim through the Motor Insurers’ Bureau (MIB). The MIB awards compensation for claims in which a vehicle driver is either uninsured or cannot be identified, including for your claim for pedestrian car accident compensation.
Alternatively, your pedestrian accident compensation claim may be made against the person or individual responsible for maintaining the roads. For example, if your pedestrian injuries occurred as a result of uneven surfaces, you may claim against the local authority.
Get in touch with our personal injury team to discuss the common pedestrian injuries you suffered and find out if you are eligible to make a pedestrian accident claim.
When you file a compensation claim for a pedestrian injury, it is vital that you do so within the limitation period. The Limitation Act 1980 sets this as three years in general from the date of the accident for a personal injury claim.
However, there are some circumstances where the injured party cannot initiate their own legal proceedings. These include:
- Children below 18 years old: For children, there is a pause applied to the time limit that lasts until they turn 18. Prior to this, a litigation friend can be appointed by the court to launch the claim on behalf of the child. However, if the injured party reaches their 18th birthday without the process having been started for them, they will have three years from that date to file a claim.
- Those without the mental capacity to manage their own legal proceedings: In these pedestrian injury claims, the time limit is suspended for as long as the injured party lacks the capacity to file their own claim. While suspended, a litigation friend can handle proceedings on their behalf. However, if the injured party recovers the capacity required to manage their own proceedings, they will have three years from the date it was deemed they regained the necessary capacity.
If you would like to speak to an advisor about time limits for pedestrian accident claims, get in contact using the details at the top of this page.
As with all personal injury claims, if you are seeking compensation for a pedestrian accident, you must collect sufficient evidence. This needs to prove both liability and the injuries you suffered.
Here are a few examples of evidence that could be useful for pedestrian accident claims:
- Witness contact details: If anyone saw the accident that caused your injuries, they could provide a statement later in the claims process if you have their contact information.
- A copy of your medical records: These can illustrate the nature of your injuries along with what treatment you required.
- Accident videos: If any caught the incident on a dashcam or mobile phone, you could submit this footage.
- Photographs: If there are any pictures of the accident scene, these could be submitted, or if your injuries are visible, you can submit pictures of these.
- Police statement: If the police attended the incident, you can submit their statement.
Direct any questions you may have about what evidence could support pedestrian injury claims to one of the advisors from our team. Any advice they give you is free.
If you’ve been injured in an accident as a pedestrian and the accident is the fault of another road user, you could potentially make a personal injury claim. How much compensation you receive is partly determined by your injury’s severity and how it has impacted you. Solicitors also use the list of compensation payouts in the Judicial College Guidelines (JCG) to help value general damages.
In the table below is a list of compensation payouts from the recent publication of the JCG. These figures are only a guide and may not match the payout you receive for a successful claim. Additionally, the first entry is not from the JCG.
|Multiple Serious Injuries and expenses
|Up to £1,000,000
|The overall award may include compensation for multiple injuries of a serious nature and any expenses, such as nursing care and loss of earnings.
|Very severe (a)
|£282,010 to £403,990
|Lacks a response of any meaningful nature to surroundings and requires full-time nursing care.
|Post traumatic stress disorder
|Moderate to severe (b)
|£23,150 to £59,860
|With professional guidance, the claimant may make some recovery from associated symptoms. However, their current significant disability from symptoms is likely to last into the foreseeable future.
|Less severe (b)
|£17,960 to £48,420
|A significant psychological reaction from disfiguring scars.
|Less serious (c) (i)
|£17,960 to £27,760
|Serious soft tissue injuries that cause functioning restrictions or some nerve damage plus significant deficit in appearance or fractures with a reasonable but incomplete recovery.
|£12,510 to £27,760
|Backache or pre-existing condition exacerbation from injuries that could include ligament and muscle disturbance or soft tissue injuries.
|£12,770 to £19,200
|Pain, sensory problems in hand and forearm, grip weakness and restricted movement from dislocation and lower brachial plexus damage.
|Other arm injuries
|£6,610 to £19,200
|Forearm fractures that are simple in nature.
|£12,590 to £17,960
|Some permanent tissue damage but no significant long-term lung functions impact from a relatively simple injury.
|£5,720 to £13,280
|This bracket includes penetrating wounds, lacerations and soft tissue injuries that might cause a permanent disability.
If you’ve been injured as a pedestrian hit by a car you might be interested in learning about what damages could form your payout in a successful claim. In addition to general damages for the pain caused by any physical or psychological injuries, as seen in the table above, pedestrian accident claims could also include special damages. Under special damages, you could recover costs incurred due to injuries suffered in your pedestrian accident if you can provide evidence.
Examples of costs you could recover:
- Loss of earnings – this includes lost future wages and pension contributions. Your wage slips could be presented as evidence.
- Related medical expenses, such as cosmetic surgery or therapy, could be recovered with invoices and receipts.
- Travel costs, including taxi and bus fares, could be reimbursed with receipts or bus tickets.
- The cost of mobility aids, such as a walking stick, could also be recovered if you had receipts.
Speak to our pedestrian accident claims team to learn more about what costs you could recover along with what evidence you’ll need to present.
One of the No Win No Fee solicitors on our panel with experience working on pedestrian accident claims may be able to help you with yours. They could assist you with gathering evidence, ensuring your case is filled in full within the correct limitation period, and guide you through the pedestrian injury claims process.
By offering you a type of No Win No Fee arrangement known as a Conditional Fee Agreement, you will be able to access their legal services without having to pay an upfront fee. You also will not be expected to pay them for their work while your claim is progressing or if it ends unsuccessfully.
However, should your claim be a success, they will be owed a success fee. This will be directly deducted from your compensation as a small, legally capped percentage.
To see if you could be eligible to work with a solicitor from our panel, you can contact our advisors. They can also help answer questions such as, ‘I was hit by a car as a pedestrian, what do I do in the UK?’. Contact them today by:
- Getting a new crossing – If you think a crossing should be placed in a certain location, read this information.
- Pedestrian rules – This is how those on foot should use roads.
- SSP – A guide on sick pay for those that are employed.
Read more of our road traffic accident guides below:
- How to make a claim for a motorcycle accident
- How much compensation can you claim through the Motors Insurers Bureau
- Cycling accident claims
- Hit and run accident claim
- Passenger accident claims
- HGV accident compensation
- Snow and ice car accidents
- Claim compensation for an accident during a driving lesson
- Taxi and minicab accident claim
- Whiplash compensation claim
- Can a whiplash claim be refused?
- What you should do after a cycle accident
- Learner driver car accident
- What to do after a car accident?
- Time limit for a car accident claim
- Proving a car accident wasn’t your fault
- Minimum whiplash payout
- Can I claim if I wasn’t wearing a seatbelt?
- Proving who is at fault for a cycling accident
- Time limit on car accident claims
- Car dooring accidents claims
- Pedestrian hit at a junction
- How to report a car accident
- Claims for a motorcycle accident without insurance
- Car insurance excess fees after an accident
- Rights in a car accident
- What should I do if I’m injured in a car accident?
- Faulty traffic lights claim
- Injury claims against uninsured drivers
- Who pays the excess fees in a rear end car accident?
- How long do you have to report a car accident?
- Whiplash compensation FAQ’s
- Car accident claims
- How do you prove injuries sustained in a car accident?
- Do I have a valid whiplash claim?
- How do you prove you have whiplash?
- Can pre-existing injuries affect a whiplash claim?
- Can I claim compensation for cycling without a helmet?
- What should I do if an uninsured driver hit me?
- Symptoms to watch out for after a car accident
- Can you sue for a car accident with no injuries?
- What happens if you get injured in a car accident?
- Compensation for death by careless driving
- Car accident injury payouts
- Who is liable in a multi car pile up?
- Emergency braking bus accident
- Can I claim if a car accident aggravated a pre-existing condition?
- Claim for anxiety after a car accident
- Mud on the road car accident
- Shoulder Injury Compensation Claims
- PTSD Compensation Claims
- How To Claim Compensation For A Psychological Injury Guide
- £16,000 Compensation Payout For A Slipped Disc Injury
- What Evidence Do I Need For A Cyclist Accident Claim?
- Cycling Accident Compensation Claims In Cardiff
- Cycling Accident Compensation Claims In Leeds
- Cycling Accident Compensation Claims In Manchester