How To Make A Pedestrian Accident Compensation Claim

You wouldn’t think you’d run much of a risk simply walking down the road, but in fact, pedestrian accidents are common on roads. According to road accident Charity Brake, a total of 470 pedestrians perished in 2017, which is an increase of 5% on the previous year. Pedestrian deaths on roads in 2017 accounted for a huge 26 percent of road deaths that year. Of course, this does not take into account the number of those injured but not killed.

While most drivers (and most pedestrians) take care while using our roads, sadly there are some that do not pay the right amount of attention to what they are doing, and some that operate their vehicles dangerously. If you’ve been injured as a pedestrian because of an incident such as this, caused by someone else, then it is only fair you seek recompense not only for your injuries but for any monetary losses you’ve had as a result. Within this pedestrian accident compensation guide, we cover all you’ll need to know about when, how and why people claim. We’ll discuss the personal injury claims time limit, why having a personal injury solicitor is a good idea, what no win no fee consists of, and what happens if a pedestrian caused an accident. You can call 0161 696 9685 to clarify anything with us or get some help with claiming, but we’d urge you to read on to find out more – as some of your questions might be answered below.

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A Guide To Pedestrian Accident Compensation Claims

Pedestrian accident compensation claims guide

Pedestrian accident compensation claims guide

In the sections we have compiled below, we offer a guide to those who have had accidents as a pedestrian. Whether a car has run a red light and collided with them, whether you’ve been injured by a car mounting the pavement or via another type of accident, as a pedestrian, it is only right that if an accident was someone else’s fault, then you should receive some monetary recompense for what’s happened to you. After all, often, this causes not only pain, but financial loss too.

Pedestrian Accident Compensation Claims Calculator

We don’t advise you use a personal injury claims calculator to see how much you think you’d be entitled to because there are many things that can affect your payout, which we discuss in the below sections. You can, however, look at the Judicial College’s Guidelines, which we have sampled some of below. These are guide amounts for how much compensation for specific injuries, but if you’d like yours clarified and it doesn’t appear here, do get in touch.

Body parts affectedMost serious outcomeMaximum compensation
Head injuryBrain damageUp to £379,100
EyesTotal blindnessIn the region of £252,180
ChestSerious lung and heart damageUp to £140,870
LungsLung damage including asbestos related injuriesUp to £127,530
NeckParaplegia or quadriparesisIn the region of £139,210
BackSpinal cord damageUp to £151,070
ShoulderDamage to brachial plexusUp to £45,070
ArmsLoss of limbsUp to £281,520
ElbowsDisabling injuryUp to £51,460
WristLoss of functionUp to £56,180
HandLoss of functionUp to £189,110
FingersLoss of fingers or loss of functionUp to £34,480
LegsLoss of limbsUp to £264,650
KneeSerious injuryUp to £90,290
AnklesExtensive damageUp to £65,420
FeetComplete amputationUp to £189,110
ToesAmputationUp to £52,620

Damages Which Your Pedestrian Accident Compensation Claim Can Include

You may receive just one payment as compensation, but it will likely include different damages. Here, we give you an idea of some of the things that can be included.

Damages, general

Compensation for physical and mental suffering – pain and torment. This is the sort of payment in the table in the above section would bring.

Damages, special

These are financial implication from the incident. They include:

Costs for travel

Appointments pertaining to your claim or that have arisen as a result of the incident are covered here.

Costs for medical

Prescriptions, physiotherapy, counselling, mobility aids and adaptations to your home might be included.

Care

Either child care if you’re unable to look after children of yours, or care for you if you need it.

Wage loss

If you’re out of work because of the pedestrian accident, or you’re unable to return to your job, these losses, both now and ongoing will be assessed and added to your claim.

What Accidents Can Happen To A Pedestrian?

Pedestrians can be injured in a multitude of ways. Some of these ways can include:

  • Driver running a red light
  • Driver speeding
  • Driver turning out without looking, or checking
  • Driver not stopping at a crossing
  • Driver mounting the pavement

If a different incident has led to you being injured as a pedestrian, then you should still be able to claim if you’re not at fault and someone else is. You can call us anytime to discuss this.

What Are Pedestrian Injuries?

Depending on where you’re hit, how hard and by what, your pedestrian hit by car injuries can range from cuts and bruises to even fatal injuries.

Fractures of the lower leg, which include the ankle, are the most common primary injuries seen, closely followed by head injuries and intracranial injuries. Open wounds on the head, femur fracture and shoulder/upper arm fractures follow these.

Can a pedestrian sue if hit by a car with other injuries? Of course, this list is not exhaustive, and there are a huge array of injuries that are suffered when a vehicle hits a pedestrian. Whatever your injury, if someone else were at fault, you’d likely be able to claim road accident compensation for it.

What happens if a pedestrian caused an accident? Well, this would render the pedestrian liable, and therefore they wouldn’t be able to claim for their injuries.

How Severe Can These Injuries Be And How Is Severity Judged?

We’re all different, and some of us handle injury differently than others. This is why it is essential your medical state be assessed, both in terms of mental health and physical prognosis after your accident. This assessment, by an independent medic, will form part of the evidence for your claim, as it will give guidance on any future issues you might face or losses financially you might have later down the line. If, for example, you had a bad shoulder injury, it may require more than one surgery, and this will be taken into account in your claim. Additionally, if the medic feels you might be suffering mentally for some time, this could be added into your claim.

Dealing With Your Recovery

Recovery from car accidents involving pedestrians can be hard and often frustrating. If you are unable to do things you normally have no issue with like dressing/bathing etc, then care at home might be needed. It’s important to include costs for these as damages. In addition, you might suffer some issues with your mental and emotional health. This is fairly normal for this sort of situation, as you might have thought you were going to die, or you might have lost confidence because of the accident. It’s important you know that these mental and emotional injuries also often require treatment, and also can form part of your claim.

What Do I Need To Do If I Have A Pedestrian Accident?

If you are seriously injured and require emergency treatment at the scene, it is likely that you will not have to arrange to see a medic yourself as an ambulance will likely be called. If, however, you are suffering minor injuries, you should still seek medical assistance because injuries need to be recorded, and you need to get the right kind of treatment to avoid further issues.

If you can, it is a good idea to make a note of the occurrence as soon as possible in terms of date, time, events as they occurred, position of yourself and the vehicles around, etc. Sometimes the memory can fail us later down the line and it’s good to have a reminder. If someone is there that can take photos, this might be a good piece of evidence too.

If you are able – speak to witnesses and get their phone number/email address/address so that witness statements can be taken if need be.

Finally, we’d advise calling us to help you start a claim should you wish to do so – or to gain advice on your position.

Public Place Pedestrian Accidents

All pedestrians should take as much care as they can to avoid risk. If you’ve been injured as a pedestrian in a public place, you might be able to hold the owner of that place liable if they have not provided safe walkways or clear signage. Public places can include any one of the below:

  • Offices
  • Hospitals
  • Hotels
  • Restaurants
  • Council buildings
  • Roads and pavements
  • Public play areas
  • Stadia
  • Supermarkets
  • Retail parks/stores

And many more…..

If you’re confused about liability, then do get in touch. Here at Advice.co.uk, we can help clarify your position.

Pedestrian Accidents In The Workplace

Your workplace should be as safe as it is possible to make it, with risks to your health lowered as much as is reasonably possible. Whether you’re injured by a forklift truck in the warehouse, or hurt by a moving vehicle in the yard, then if your employer has not provided safety training, or provided clear walkways for you to use where needed, then it is possible you might be able to claim compensation for a pedestrian accident in the workplace.

Holding an employer liable can be a little daunting, but a personal injury lawyer will explain to you that businesses have insurance to cover this sort of claim, and also that your employer won’t be able to treat you any differently for bringing a claim, as by law they aren’t allowed to.

Pedestrian Road Traffic Accidents

We’re all taught how to cross the road safely as children, and it is important that we continue to exercise proper caution when crossing the road. These include:

  • Always making sure you cross at a safe part of the road – using a crossing where possible
  • Checking and stopping to look for oncoming traffic (in each direction)
  • Listening for any vehicular noise
  • Crossing quickly without stopping in the road

If you do these things, you are likely to reduce risk to yourself.

However, vehicle owners have an obligation to be aware of pedestrians and take steps to avoid causing them harm. If they fail to do so, then they could cause serious injury, as pedestrians are quite vulnerable on the road. A driver has a car to effectively provide some sort of protection, while a pedestrian has nothing.

If you’re looking to make a pedestrian accident claim, you will need to be able to say you exercised proper caution when crossing a road. Of course, if a driver has failed to stop at a crossing, or mounted the pavement, then this cannot be your fault. There are other cases where liability isn’t so clear. This is why it’s often best to have an experience road traffic lawyer on your side to help you prove that the driver was liable if they were.

Is There A Time Limit For Making My Personal Injury Claim?

In short, there is. We almost always advise that pedestrian accident compensation claims are made quickly after an accident, in order that it makes the evidence gathering easier, but the time limits you need to know about for most examples of personal injury claim are in the table below. There can be some exceptions, so get in touch if you’re not sure and we’ll advise you.

SituationValidity period
From date of accident/From date of diagnosis
Accidents within a workplace3 years
Industrial harm (disease)From date of diagnosis/knowledge of disease the limit is 3 Years
Criminal Acts Causing Injury2 Years
Road accidents (Including pedestrian claims) 3 Years
Falls (As well as trips and slips) 3 Years
A child claiming when they come of ageFrom when they turn 18 the limit is 3 years

How Do I Make A Pedestrian Accident Injury Claim?

While it could be possible in some cases for someone to launch a pedestrian accident compensation claim, it is good advice to use a personal injury solicitor. They know the road laws, and the personal injury laws and will be in a far better position to know what to claim for and what sort of action needs to be taken to get that all-important pedestrian car accident compensation payout.

Pedestrian accident injury claims form

Pedestrian accident injury claims form

By calling Advice.co.uk, you’ll take a great first step. Advice from people with experience in the industry is vital to getting a good idea of the position you’re in and whether you’d have a high likelihood of your claim paying out. However, there are 2 important conditions that also need to be met, which we take you through below:

Evidence gathering – Pictures of injuries/the scene, details so witnesses can be contacted, proof of the financial costs you’ve suffered, and even a written account by you of the events can all serve as evidence.

Medical attention – Seeing a doctor for injuries is something we should certainly do, no matter how minor they are. You will likely also need to attend a consultation with a medic so that they can formulate the medical evidence needed to prove your claim, but your personal injury lawyer will likely arrange this – and it can often be done very close to where you live.

No Win No Fee Claims For Pedestrian Accident Compensation

Worried about your finances? Are you thinking you’re not in a position to claim simply because there are no free funds in your account to obtain the services of a lawyer? Well, you won’t necessarily need any funds there. What you could do is use no win no fee services. What this involves is as follows:

  • You’d agree on terms (percentage of pedestrian road accident compensation to be taken from your eventual settlement)
  • You’d sign a CFA (The agreement that says if your case isn’t won, then you won’t face legal bills)
  • Your lawyer would take on your case.

There are two possible outcomes after this:

  1. Your road traffic accident solicitors would win you a settlement, and the pre-arranged percentage of the payment would be taken, with the rest of the settlement coming to you.
  2. Your case would not end up with a settlement. You would not receive a legal bill.

As you can see – this is, in basic terms, a way to put forward a pedestrian accident compensation claim without risk to you.

How Our Friendly Advisors Can Help You

When you call us here at Advice.co.uk about pedestrian car accident compensation, whether about pedestrian crossing accident compensation, or pedestrian road accident compensation, you can call with confidence. All details will be kept confidential and we’ll never act on your behalf without your express permission. What we will do is go through what’s happened, you can tell us the events surrounding your pedestrian accident, what injuries you’ve suffered, how they’ve affected you and how they have cost you financially. We will then give our honest opinion on the strength of your claim and provide you a solicitor with specific experience required to handle your case – but only if you want us to. We offer all advice with no-obligation to use our services, and you are free to choose what to do after we’ve given you our advice. It’s as simple as the process below:

Get in touch with Advice.co.ukYour potential claim would be assessed.We’d offer to provide you with help starting your claim.

Get The Advice You Need By Contacting Us

There is no substitute for good advice, and this is exactly what you’ll receive when you call 0161 696 9685. We’re always ready to listen, and provide advice based on facts, not just what we think you want to hear. We’ll give you an honest assessment on whether we feel you have a strong case for your pedestrian accident compensation. You don’t have to take our advice at all if you don’t want to, but know that we are basing our information on years of experience within the personal injury sector – and we won’t steer you wrong. Why not get in touch today, and let our advisors talk you through whether you’d be able to be remunerated for your pedestrian accident claim?

Additional Information

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.

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