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.

Can I claim if the pedestrian injury made an existing injury worse?

Yes, although demonstrating this can be more difficult than proving a straightforward pedestrian injury injury, so legal and medical advice should be sought as early as possible.

Check my claim

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a pedestrian injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Typical pedestrian injury cases handled by our 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 a compensation claim can help 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 pedestrian injury 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.

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.

Find out what your pedestrian injury claim could be worth now

Assessing a claim's value at the outset can be complicated, particularly if you have multiple injuries.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

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 claim

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?

For adults, the general rule is no, you cannot start a claim more than three years after a pedestrian injury.

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

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

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.

Will I get financial advice?

Your solicitor will be able to advise you on whether to accept a financial settlement for your pedestrian injury claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.

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 our 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:

In a road accident

If you are thinking of making a road accident claim, there are some key points to be aware of:

Road Accident Claims - What you need to know

In a public place (e.g. supermarket, pavement)

If you have been injured in a public place, there are some key points you need to be aware of:

Public Place Claims - What you need to know

Other claim types

Find details on another type of claim:

See list of other claims

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.

Read more about making a No win, no fee claim

Please note, under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

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

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 will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s 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