Pedestrian Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a pedestrian injury, we can help.
If your injuries were caused by a driver, cyclist, or other party you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a pedestrian injury compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about how your accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.
We can help you make a pedestrian accident claim on a No Win No Fee basis.
In this article
Pedestrian accident statistics
The latest government figures available in 2022 show that over 115,584 people injured in a road accident in 2020 on Britain's roads. 346 pedestrian road users sustained fatal injuries, and road user fatalities overall increased by 5%, compared to the previous year.
Almost a third of pedestrian accidents involve children and young people. Children who may have not yet have learned to safely cross the roads are particularly vulnerable, making accidents more likely near schools or playgrounds.
According to RoSPA, there is a 'link between the 20mph zones and a reduction in casualties'. It is hoped that the increasing number of local authorities rolling out 20mph speed limits will reduce injuries.
Do I have a claim for a pedestrian injury?
All road users have a duty of care to act in a way that does not endanger other road users.
The established legal 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.
If a car collides with a reckless pedestrian, however, the driver can still 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.
To be eligible to make a compensation claim, the accident must have:
- caused your injury
- happened in the last 3 years
- occurred as the result of another person's actions or negligence
Who is liable for a zebra crossing accident?
Pedestrians have right of way when using a pedestrian crossing. However, both drivers and pedestrians must obey the rules of the road and exercise reasonable care when using a crossing.
In many cases, it may seem obvious who was negligent. When making a claim, however, all of the accident circumstances will be taken into account, including:
On the part of the driver:
- failing to stop when the red light shows at a light-controlled crossing
- failing to stop when a pedestrian steps onto a Zebra crossing
- failing to slow down or approach a crossing with caution
- not giving due consideration to the weather or road conditions
- driving under the influence of alcohol or drugs.
On the part of the pedestrian:
- using the crossing carelessly, such as moving onto a crossing when the 'red man' is illuminated?
- darting in front of vehicles.
What if I used a pedestrian crossing carelessly?
It may be that both parties were negligent to some degree.
If there was blame on both sides, your compensation may be reduced by the degree to which you contributed to the cause of your injuries. This is known as 'contributory negligence'.
It is doubtful that a court will ever find you 100% at fault for a pedestrian crossing accident even if you crossed the road dangerously.
The 'Highway Code' places a high duty of care on drivers in respect of pedestrians. Drivers are expected to approach crossings with extreme caution and take extra care when driving in built-up areas or around schools.
What if the other party in a pedestrian accident is uninsured or untraceable?
There are increasing numbers of drivers on the roads without valid insurance. Research from the Motor Insurers' Bureau (MIB) shows that 1.7 million drivers are uninsured, with the majority being located in the larger cities and urban areas of the country.
The MIB is a central fund that ensures people injured by an uninsured or untraceable driver, can still claim compensation.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your pedestrian injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
The amount of money you could claim for your injury will depend on:
- the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- 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.
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 an 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 an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Can I claim for an existing pedestrian injury that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Can I claim for prescription costs?
Special damages are awarded for costs or losses incurred as a result of the pedestrian injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.
Calculate my injury compensation
Calculating how much compensation you can claim for an 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 injury claim could be worth now:
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?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and 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.
Will I get advice on treatment options?
As part of the pedestrian injury claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc
What pedestrian injury claim experience does Quittance have?
Our panel of solicitors has assisted pedestrians injured by:
- 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
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 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 decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee
No win, no fee takes all of the risk out of making an 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 an injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my 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 injury claim?
If your 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.
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.
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.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and 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
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
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.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
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.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an 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 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
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.