A Guide To Claiming Compensation For A Pedestrian Crossing Accident
In this guide, we’ll be discussing the process of making a claim after a pedestrian crossing accident. If you can prove that this was the result of negligence, then you could make a road traffic accident claim.
All road users owe a duty of care to other road users to navigate the roads in a safe manner as outlined in the Road Traffic Act 1988. However, there have been recent changes to the Highway Code that state that road users with the ability to cause the most damage have a higher responsibility to those more vulnerable to harm.
If you have more questions in regard to the road traffic accident claims process, then you can use the following contact information to discuss this further with our team of advisors. In just one call you can get an understanding of the necessary steps that you’ll have to take to make a successful claim.
Contact us by:
- Entering your details into the contact us section of our website
- Call us on 0161 696 9685
- Talk with our team of advisors by using the live support feature available on our website
Choose A Section
- When Are You Able To Claim For A Pedestrian Crossing Accident?
- How Could A Pedestrian Crossing Accident Be The Result Of Driver Negligence?
- Potential Compensation From A Pedestrian Injury Claim
- Evidence That Could Help You Claim Compensation As A Pedestrian
- Use Our Panel Of No Win No Fee Solicitors To Make A Pedestrian Crossing Accident Claim
- Learn More About Making A Pedestrian Injury Claim
When Are You Able To Claim For A Pedestrian Crossing Accident?
The Road Traffic Act 1988 identifies how all road users have a duty of care whilst using the road. The Highway Code also contains guidance and rules backed up by law for road users to follow.
To be eligible to make a personal injury claim after a pedestrian crossing accident, you must satisfy the 3 key areas below:
- A road user owed you a duty of care at the time and place of the road accident
- The road user failed to adhere to this duty, therefore, failed to comply with the Road Traffic Act 1988, and
- This caused you to be injured in a pedestrian crossing accident.
Our advisors are available all day every day to offer you free advice in a no-obligation consultation free of charge. So, if you have questions on the eligibility criteria for making a personal injury claim following a pedestrian crossing accident, call our advisors at a time that best suits you.
Is There A Time Limit To Making A Pedestrian Accident Claim?
At this point, you may be wondering how long after a road traffic accident can you claim compensation.
The standard time limit to begin a pedestrian accident claim is three years from the date of the accident. This is set out clearly in The Limitation Act 1980.
There are exceptions to this time limit for those who are classed as a minor i.e. under the age of 18, and for those who lack the mental capacity to make a personal injury claim. In these instances, the time limit is suspended, and a litigation friend may be court appointed to claim on their behalf.
If no claim has been made when the minor turns 18, then they will then have 3 years to begin their own claim. This is similar to if the person regains enough mental capacity to pursue a claim and one is yet to be made, then the 3-year time limit begins for them too.
How Could A Pedestrian Crossing Accident Be The Result Of Driver Negligence?
The Highway Code’s rules 191 to 199 specifically relate to pedestrian crossings, some important notes of these rules include:
- You must not park on a crossing or in the area surrounding that is covered by zig-zag lines.
- You must not overtake the nearest vehicle to the crossing.
- In slow-moving and queuing traffic, you should keep crossing completely clear
- Take extra care to view either side of the crossing
- Allow pedestrians plenty of time to cross.
Examples of pedestrian crossing accidents include:
- A car hits you as you use a crossing due to the driver going above the speed limit and being unable to stop
- A lorry driver is distracted by their phone and fails to see you crossing.
- Suffering multiple injuries due to a bus driver failing to stop at a red light.
If you’re still unsure about your eligibility to make a road traffic accident claim, you can discuss this in more detail with our team of advisors.
Potential Compensation From A Pedestrian Injury Claim
After making a successful pedestrian accident claim, you’ll be eligible to receive compensation. This could be made up of two separate heads of claim, the first of which that we’ll discuss is general damages compensation.
This head of claim aims to compensate for the pain and suffering that you have experienced as a result of your injuries. Note that these figures have been taken from the Judicial College Guidelines, which solicitors use to assign a value to your general damages head of claim.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Brain and Head Injury | (b) Moderately Severe | £219,070 to £282,010 | Cases involving very serious disability, and there is a need for substantial around the clock care. |
| Neck injuries | Severe (a) | In the region of £148,330 | Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Chest Injuries | Traumatic Injury | £65,740 to £100,670 | Traumatic injury to the chest, lung(s) and/or heart that results in impairment of function, physical disability, and reduction of life expectancy. |
| Back Injuries | Severe (ii) | £74,160 to £88,430 | Cases involving special features which include nerve root damage, impaired mobility, impaired bladder and bowel function. |
| Injuries to the Pelvis and Hips | Severe (i) | £78,400 to £130,930 | Extensive fractures of the pelvis involving a dislocation of the lower back joint, that necessitates spinal fusion and leaves residual disabilities. |
| Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | Injuries that involve significant permanent disability. |
| Knee Injuries | Severe (iii) | £26,190 to £43,460 | Injuries resulting in continuing discomfort and limitation of movement. |
| Leg Injuries | Less Serious Leg Injuries (i) | £17,960 to £27,760 | Fractures from which an incomplete recovery is made. |
| Ankle Injuries | Moderate | £13,740 to £26,590 | Fractures, tears and the like that give rise to less serious disabilities. |
| Foot Injuries | Modest (g) | Up to £13,740 | Simple fractures, ligament injuries and wounds that leave lasting symptoms such as a permanent limp. |
Note that these figures provided cannot be guaranteed as every pedestrian injury claim has to be valued on a case-by-case basis.
Special Damages
Special damages are the second head of claim that you could be eligible to receive on the basis that you can prove that you suffered financial losses as a result of your injuries. You can prove this by using bank statements, invoices, and receipts.
Examples of financial losses that you can receive compensation for include:
- Loss of earnings
- Cost of care
- Medication costs
- Travel expenses
- Costs of renovations to your home.
Evidence That Could Help You Claim Compensation As A Pedestrian
Evidence is crucial when determining whether someone is able to claim compensation for an injury. Potential types of evidence that you can use to prove negligence include:
- CCTV footage of the accident
- Keeping a diary of your treatment and symptoms
- Getting medical care and asking for copies of any records produced
- Taking photographs of your injury and the accident site
- Taking contact details of potential witnesses to be called upon later.
If you’re struggling with gathering evidence, then you can use our panel of No Win No Fee claim solicitors to help you collect any evidence necessary to support your claim.
Use Our Panel Of No Win No Fee Solicitors To Make A Pedestrian Crossing Accident Claim
Providing that you have a valid claim, you can choose to make your pedestrian injury claim with legal representation from our panel of solicitors. If you choose to do this, they will work under a type of No Win No Fee agreement, which is called a Conditional Fee Agreement (CFA). These types of agreements are outlined in detail in The Conditional Fees Agreements Order 2013.
This means you won’t be expected to make any upfront or ongoing payments for the service the solicitor provides. As well as this, you won’t have to pay solicitor fees in the case you’re unsuccessful in your claim.
However, in the case that you’re successful in your claim, you’ll have to pay a success fee. This is a percentage that is taken out of your total compensation, the total of which is discussed between you and your solicitor before you begin receiving any representation.
In just one call, our team of advisors can provide you with free advice wherever possible.
Contact us by:
- Entering your details into the contact us section of our website
- Call us on 0161 696 9685
- Talk with our team of advisors by using the live support feature available on our website
Learn More About Making A Pedestrian Injury Claim
If you’d like to learn more about claims for pedestrian crossing accidents, then you can read more of our guides below:
- Pedestrian hit by a bus accident compensation claims guide
- Pedestrian hit at a junction claims guide
- Accident at a zebra crossing – how much can I claim?
Alternatively, you can use the following links to learn more: