A Guide to Claiming Pedestrian Injury Compensation

If your life, or the life of a loved one, has been affected by a pedestrian injury we can help.

The purpose of this guide is to help anyone who has suffered a pedestrian injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Pedestrian accident statistics

Government figures reveal that over 22,000 people were injured or killed in 2015 on Britain's roads. Over 4,900 pedestrians were seriously injured, with 409 pedestrian road users sustaining fatal injuries.

Almost a third of pedestrian accidents involve children and young people. Children who may have not yet have learnt to safely cross roads and fully appreciate the speed of moving vehicles are particularly vulnerable making accidents more likely in near schools or playgrounds.

There is hope that the increasing number of local authorities that are rolling out 20mph speed limits will reduce casualties.

According to RoSPA, there is a 'link between the introduction of 20mph zones and a subsequent reduction in casualties'.

See: Making a claim on behalf of another person or child

Do I have a claim for a pedestrian injury?

Road users have a duty of care to act in such a way as to not place other people in danger.

The established principle is accepted as:

"When a man steps into the road he owes a duty to himself to take care for his own safety…".

This means that pedestrians owe a duty to other road users to use roads, crossings and junctions safely, only crossing when it is safe to do so.

However, this principle does not mean that if a car collides with a reckless pedestrian that the driver cannot be held liable. Vehicles are far more likely to harm pedestrians, and so drivers are held to a higher standard. This is particularly true in respect of accidents involving children.

Claiming for pedestrian accidents on the street or on the road

To be eligible to make a compensation claim, the accident must have:

  • caused the injury in question
  • happened in the previous 3 years
  • occurred as the result of another's actions or negligence

A personal injury solicitor must demonstrate that, on the balance of probabilities, the defendant can be held legally accountable for the accident and your injury was caused by the accident to win a claim.

Typical pedestrian injury cases handled by the panel of solicitors include:

  • Hit and run driver accidents
  • Reckless drivers
  • Drivers who ignored signals, traffic lights and zebra crossings
  • Drivers using mobile phones, GPS devices, or who not paying attention generally
  • Drunk drivers
  • Drivers under the influence of drugs

How could compensation help you? you

The aim of compensation is to put an injured party back in the situation they would have been in had the accident or illness been avoided. A financial settlement can only ever go so far with respect to sufficiently compensating an injured person.

Quittance's panel of expert personal injury solicitors have a track record of negotiating compensation awards for the pain and suffering and loss or reduction of physical and mental capacity, medical treatment costs, travel costs and other expenses, and for any loss of earnings resulting from a pedestrian accident.

How much compensation can I claim for a pedestrian injury?

The amount of money you could claim for your pedestrian injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your pedestrian injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a pedestrian injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a life-threatening internal injuries can be £52,000

For a less severe scarring, in isolation, you would typically receive £3,500.

However, if you have a life-threatening internal injuries and a less severe scarring, you would typically receive £52,000 + a reduced percentage of £3,500.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries.

Read more about multiple injury claims

What is the average injury compensation for a pedestrian injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a pedestrian injury will depend entirely on your specific circumstances.

Your pedestrian injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Can I claim for physiotherapy and private care costs?

Private treatment can be expensive, but funding towards the cost of this treatment frequently comprises part of a compensation award. Your solicitor may even be able to arrange access to private medical care as soon as your claim is accepted.

Pedestrian injury compensation calculator

Calculating how much compensation you can claim for a pedestrian injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your pedestrian injury claim could be worth now:

Calculate compensation

How long does a pedestrian injury claim take?

How long it can take to process a pedestrian accident claim can vary considerably.

For instance, a simple liability accepted injury claim might be concluded in a matter of weeks. If the defendant denies liability, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. See more:

How long will my claim take?

Will I still be able to claim for a pedestrian injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your pedestrian injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

What if the other party in a pedestrian accident is uninsured or untraceable?

There are increasing numbers of drivers on the roads without insurance, with research from the Motor Insurers' Bureau showing that 1.7 million drivers are uninsured, with the majority being located in the larger cities and urban areas of the country.

The Motor Insurers Bureau (MIB) is an organisation that was established in 1946 as a central fund to make sure that members of the public who have suffered at the hands of an uninsured or untraceable driver can still claim compensation for both their injuries and any damage to property.

The MIB is funded by all underwriters of motor insurance in the UK by virtue of the Road Traffic Act 1988 to pay a share of its running costs.

Read more about claiming through the MIB

What pedestrian injury claim experience does Quittance have? 

Pedestrian injury cases handled by the panel of solicitors include:

  • Hit and run driver accidents
  • Reckless drivers
  • Drivers who ignored signals, traffic lights and zebra crossings
  • Drivers using mobile phones, GPS devices, or who not paying attention generally
  • Drunk drivers
  • Drivers under the influence of drugs

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee

No win, no fee takes all of the risk out of making a pedestrian injury claim. If you do not win any compensation, you won't have to pay your solicitor any legal fees.

No win, no fee promise

Our no win, no fee guarantee means there is absolutely no financial risk in making a pedestrian injury claim, even if you don't win your claim.

What do I pay if I win my pedestrian injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my pedestrian injury claim?

If your pedestrian injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Read more about making a No win, no fee claim

How do personal injury solicitors get paid?

If your pedestrian injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

Read more about making a No win, no fee claim

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Pedestrian injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a pedestrian injury claim?

In general, you have a time limit of up to 3 years from the date of the pedestrian injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your pedestrian injury claim becomes 'statute barred'.

Can I claim for a pedestrian injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim pedestrian injury compensation.

In reality, there are a number of factors that can affect whether a pedestrian injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert