If a pedestrian injury has set you back, we'll help you move forward
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 any other party, you may be entitled to claim compensation.
You can make a pedestrian injury compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
The latest government figures available in 2023 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 1/3 of pedestrian accidents involve children. 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.
If you decide to make a pedestrian injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
Changes to the Highway Code
As from January 2022, the revised Highway Code classes pedestrians as the most vulnerable road user. This rule means that all other road users must take the safety of pedestrians into account.
Drivers must now give way to pedestrians who are crossing or waiting to cross the road from, or into which the driver is turning.
The new rule does not, however, give licence to pedestrians to do whatever they like on the road. The overriding rule of the Highway Code remains that all road users must take responsibility for their own safety.
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.
Do I qualify for pedestrian injury compensation?
If you've been injured or made ill in the last three years and it wasn't your fault, then you will be entitled to claim compensation for pedestrian injury.
Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Can I claim if I feel I was partly to blame?
Identifying who is legally responsible for a claimant's injuries is not always obvious.
In our 2023 Road Injury Claimant Survey, 5.24% of injured road users felt they were at least partly responsible for their accident or injuries.
The legal term for cases where an injured person was (to some extent) responsible for their injuries is 'contributory negligence'. If there is fault on both sides of a claim, it is possible to pay reduced compensation on a split liability agreement.
How long do I have to make a pedestrian injury claim?
For most injury claims, you have up to 3 years from the date of your injury to start the claims process.
The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.
What if the other party 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.
How much compensation can I claim for a pedestrian injury?
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.
Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.
Updated December 2023
Compensation Calculator v3.04
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 is compensation awarded to cover any financial losses and expenses you incur as a result of your pedestrian injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.
Special damages will also cover your medical treatment expenses, that might include pain medication and physical therapy.
The psychological impact of a road accident
Road accidents are often unexpected, shocking events that leave lasting psychological effects.
Our 2023 Road Injury Claimant Survey highlights how common psychiatric injuries are, with 32.47% of road accident claims involving psychological harm. 78.53% of these were also associated with a physical injury.
Pedestrian injuries can lead to anxiety and phobias about crossing streets or walking near traffic (dromophobia), or even Post Traumatic Stress Disorder. In turn, these fears can lead to social isolation and depression.
You can claim compensation for recognised psychological harm that arises from a road accident, including PTSD. Your solicitor will help ensure you can access help and mental health support that may not be available on the NHS in your area.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Pedestrian injury claim case study
A 29 year old pedestrian was awarded £50,000 compensation for pain and suffering and loss of amenity after she was knocked down on a zebra crossing by a motorbike.
The claimant was thrown several meters before landing on the road. She was knocked unconscious.
The claimant was taken to hospital by ambulance where it was confirmed she had suffered an acute subdural haematoma over the left frontal and parietal lobes, a fracture on the right hemisacrum, a fracture of the left superior articular facet of C7, a displaced fracture of the superior and inferior pubic rami on the right side and diastasis of the symphysis pubis.
She also suffered cuts and bruising to her torso, limbs and face.
Due to the claimant's head injury she was transferred to a specialist hospital for surgery. A plate was inserted into her place which remained in situ. The claimant remained in hospital for three weeks following the accident before being discharged. She stayed with her family for six weeks but had difficulty with moving and so required assistance with all daily activities.
The claimant received physiotherapy for 4 months. She was due to get married 4 months after the accident, but her injuries impacted on the wedding preparations, leading to increased stress.
A year after the accident the claimant suffered a stress fracture to the left femoral neck. She was left with scarring to her head, left shoulder, pelvis, lower leg and right ankle.
She was unable to return to full time work for 5 months. She was unable to play sport for some time before returning to her pre-accident ability. As a result of the injuries to her pelvis, she would require a caesarean section if she became pregnant.
Pedestrian injury claim settlement
A settlement could not be agreed between the claimant and defendant and the matter went to court. The court ordered that £50,000 be paid in damages for pain, suffering and loss of amenity.
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
The claims process will vary depending on how your pedestrian injury happened. Click the icons below to learn more:
How we can help you with your injury claim
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.
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If you have any questions, or would like to start a No Win No Fee injury claim, we are open:
Mon-Fri 8am-9pm, Sat 9am-6pm, Sun 9:30am-5pm
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
Handled with the utmost professionalism... extremely kind, courteous and empathetic.
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.