Pedestrian injury
compensation claims

If a pedestrian injury has set you back, we'll help you move forward

If you or a loved have been injured as a pedestrian in an accident, whether hit by a car, or injured in a pavement slip or trip, 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 No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

With around 2,000 pedestrian injuries every year, you are not alone

In 2022, there were 385 pedestrian fatalities and 2,134 casualties (gov.uk).

Children are particularly at risk, with the level of child casualties being 1.8 times higher for children aged under 12, than for the all ages average. (source: gov.uk)

Although the data shows a long-term trend where the absolute number of yearly pedestrian fatalities, serious injuries, and slight injuries have decreased since 2004 (despite an increase in pedestrian traffic), the risk of injury remains high.

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 need to move forward.

See also:

Child injury compensation claims

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 2024 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.

Read more:

Can I claim if I feel I was partly responsible for my accident?

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.

Read more:

Claiming compensation through the MIB

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.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

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.

Read more:

A complete list of recoverable losses in a personal injury claim

The psychological impact of a road accident

Road accidents are often unexpected, shocking events that leave lasting psychological effects.

Our 2024 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.

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.

Serious injury experience

Our solicitor panel has assisted pedestrians injured in vehicle collisions, and slips, trips, and falls on public pathways, as well as incidents involving:

• 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

Our efforts have resulted in securing substantial compensation awa5rds for medical expenses, lost income, pain and suffering, and other related costs, providing support for claimants' recovery and rehabilitation.

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.

Who would I claim against?

You can make a no win, no fee claim with the guidance of a personal injury solicitor. Your solicitor will build a case and negotiate for the best possible compensation settlement, based on your injuries, lost earnings and other expenses.

The specific entity you would claim against depends on the circumstances of your accident and who was at fault.

If you were hit by a vehicle, the claim would be against the driver's insurance company. Claims for injuries due to poorly maintained pavements or public spaces would be made against the local authority, or the private owner of the land or property.

If your injury occurred in a work-related context and involved employer negligence, a claim would be made against your employer's insurance company.

What happened?

The claims process will vary depending on how your pedestrian injury happened. Click the icons below to learn more:

Road accidents Public places Other accidents

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. 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.