Pedestrian injury compensation claims

This article sets out what you need to know about making a successful pedestrian accident compensation claim.

How much can I claim?

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?

Do I have a claim?

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 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

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.

What if I am partly to blame?

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.

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.

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 we can help your pedestrian accident claim?

Our highly experienced solicitors specialise in helping people receive maximum compensation for pedestrian injuries sustained on pavements, crossings and roads.

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

Solicitors' advice on pedestrian accident claims

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

How much compensation can I claim for a pedestrian injury

How much can I claim?

Injury compensation guidelines are recommended by the Judicial College (formerly the Judicial Studies Board).

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.

Compensation claim awards, or ‘damages', are broken down into two categories;

General damage

General damages often comprise the larger part of the award and are paid to compensate the claimant for their injuries.

These awards are calculated in relation to the nature and severity of an injury and are set out in the form of minimum and maximum amounts for a given injury.

It may also be possible to claim for existing injuries or medical conditions that have worsened as a result of the accident. Read more about making a claim for an existing condition.

Special damages for pedestrian accidents

Compensation can be claimed for financial losses (Special damages) including:

  • loss of earnings
  • the cost of medical treatment (past and potential future treatment)
  • damage to property including mobile phones, clothes etc
  • any other costs or expenses resulting from the accident, such as travel expenses to and from hospital

Read more: What can I claim for in a personal injury claim?

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

No win, no fee pedestrian injury claims - the facts

Legal Aid is no longer an option for personal injury claims.

Unless you are self-funding, claims solicitors now work on a No Win, No Fee basis.

No Win No Fee is an agreement (technically known as a 'Conditional Fee Agreement' or 'CFA') which is entered into between the injured person and the personal injury solicitor.

No Win No Fee means that if your pedestrian injury claim is not successful then you would pay no legal fees at all.

If you do win your case, a success fee will be deducted from the compensation award and paid to the solicitor.

Read more about how No Win, No Fee works

How to start a pedestrian injury claim

Starting a claim is a straightforward process.  A short, no obligation phone conversation with one of our expert road accident solicitors will let you know where you stand and answer any questions you may have.

If you decide that you would like to pursue a claim, the solicitor will send you an information pack.  The pack will contain everything you need to know including details of how no win no fee works.

How can Quittance help?

Our highly experienced solicitors have an excellent track record of winning injury claims and 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, call FREE on 0800 488 0618 or click here to arrange a callback.

We are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

  • 100% No Win, No Fee
  • Free Consultation
  • No Obligation to Start a Claim
  • Longer Opening Hours
  • Personal Injury Experts

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
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor

FAQs

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.

Is there a time limit for making a pedestrian accident claim?

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.

Read more: Is there a time limit for making a claim?

How likely am I to win my claim?

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.

Read more: How likely am I to win an injury compensation claim?

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