Pedestrian injury compensation claims

Updated: October 8, 2018

Introduction

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

Pedestrian accident
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Do I have a claim for a pedestrian injury?

Road users have a duty 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 have 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 in 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

An injury lawyer 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.

If both sides are partly at fault, it may still be possible to receive compensation in proportion to the apportionment of blame. Cases are settled in this way with what are referred to as split liability agreements.

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How a compensation claim can help you

The aim of compensation is 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.

An injury can have a serious impact on an injured person and their family. Quittance's network of expert 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.

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What can Quittance's solicitors do to help your Pedestrian accident claim?

Our experienced solicitors specialise in helping people receive maximum compensation for pedestrian injuries sustained on pavements and roads. Typical cases 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

Solicitors' advice on pedestrian accident claims

Our solicitors help you to focus on your recovery, giving jargon-free advice throughout.

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Calculate my pedestrian injury compensation

Injury compensation guidelines are recommended by the Judicial College (formerly the Judicial Studies Board). The awards are proposed with reference to an injury's extent and severity. In the guidelines, compensation amounts take the form of minimum and maximum values for an injury or other medical condition.

Technically these guidelines are not law. However insurance companies, solicitors and the Courts will follow them in the majority of cases. It may be possible to claim for pre-existing medical conditions and injuries if they have worsened due to the accident or illness.

To supplement an award for general damages, a claim can also be made for costs you have incurred during treatment and ongoing care.

The Compensation Claims Report (CCR) predicts your compensation award by considering the circumstances of your accident, injuries sustained and the Judicial College guidelines.

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How long will it take to receive compensation?

Many personal injury claims end up being straightforward where financial compensation is awarded without the matter dragging on for too long. More complicated or contentious cases usually take a longer amount of time to conclude. Certain factors can only draw out the process, for instance if the other party alleges blame on both sides.

It can be virtually impossible to forecast how long will be needed to work out a compensation settlement . Sometimes it can even benefit the Claimant to reject an initial offer to settle as this strategy can result in a better compensation settlement.

Time limits for pedestrian accident claims

The general personal injury claim time limit of three years also applies to pedestrian accidents. The sooner you can start a claim, the more time your solicitor will have to negotiate a higher settlement.

Get a better estimate of how long your pedestrian accident claim will take - speak to an expert personal injury solicitor on free phone 0800 612 7456 or by obtaining a Compensation Report.

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How likely are you to be successful with your claim for compensation?

In order to win your claim, it must be proven that another driver, person or company was responsible for your injury.

The claim has a good chance of success if the other side has recognised their responsibility for the accident or illness. In claims where the Defendant will not acknowledge that they were at fault, or holds the position that you were partly responsible, there will be a lower likelihood of winning.

There are a several things that you can do to help your solicitor make a better claim. The following steps should be taken as soon as possible:

  • if possible, take photographs of the scene
  • take names and addresses or contact details of any witnesses
  • report the accident to the police
  • make a record of the accident or cause of your injuries in as much detail as you can
  • report the accident as appropriate (e.g. to your employer if you are injured at work)

Even where considerable time has passed, doing what you can to help you case is worth considering.

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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 or 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.

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Understanding No Win, No Fee arrangements

No Win, No Fee agreements, also known as CFAs or "Conditional Fee Agreements", comprise the foundation of most claims for injury compensation.

A CFA details the work executed by the lawyer, and crucially, the success fee. This is the fee that will be taken from your award if your solicitor wins the claim.

You will be able to prioritise your recovery, knowing that there is nothing whatsoever to pay if your claim is not successful. There are no hidden fees using a Quittance personal injury lawyer.

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Road traffic accident claims

Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.

Find out more about claiming compensation for a road accident: Read more about road accident claims

*Source: Official Department of Transport statistics (gov.uk)

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Meet the team

The national network of QLS solicitors carry out the legal work for all types of road accident claim, from relatively minor claims to serious, long-term injury. Our lawyers are chosen on the basis of their specialist expertise and their track record in winning claims.

Click here to see more of the Quittance team.

Kevin Walker Serious Injury Panel Solicitor
Rakhi Chauhan Road Accident Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
Paul Carvis, Personal injury solicitor

About the author

Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.

Read more about this Quittance Legal Expert

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