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Pedestrian Accident Claims | No Win No Fee

By Stephen Hudson. Last Updated 24th November 2023. If you’ve been injured in a pedestrian accident, such as being hit by a car, you may want to learn about your legal rights. 

If so, you’ve found the right place. In this guide, we discuss pedestrian accident claims in comprehensive detail. We discuss how such incidents can occur and the criteria for making a personal injury claim.

We also provide details on potential compensation payouts and how you can take legal action on a No Win No Fee basis.

While money can rarely make up for what you can potentially lose in a car accident, compensation can help your life return to normality.

If you’d like to make a claim, we can help. We offer everyone who gets in touch a free case check and compensation estimate without any obligation to proceed. Our aim is to provide quality legal advice that you can trust.

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Pedestrian accident claims guide

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Can A Pedestrian Make A Claim If Hit By A Car?

Road users have a duty of care to prevent injury and damage to themselves and others. To uphold this duty, they should follow the Highway Code, as well as the Road Traffic Act 1988. This duty of care applies to pedestrians as well as drivers. However, pedestrians are a vulnerable road user and as per Rule 204 of the Highway Code, those who can cause the greatest harm, have the greatest responsibility to reduce the danger or threat they pose to others. As such, drivers have a greater responsibility than pedestrians. 

If a driver has breached their duty of care towards you, causing you harm, you might wonder whether you could start a pedestrian injury claim.

In order to form the basis of a valid pedestrian accident claim, your case must meet the personal injury claims criteria. This means that you need to establish that another road user owed you a duty of care and that your injuries were caused by a breach of this duty.

If you contact our advisors for free today, they can offer guidance on whether you’re eligible to make a pedestrian hit by a car claim and may connect you with one of our No Win No Fee solicitors.

Can I Make A Pedestrian Accident Claim On Behalf Of A Child?

Under the Limitation Act 1980, the standard time limit is three years from the date of the incident.  If a child pedestrian is hit by a car, then they will not be able to start their own claim until the day of their 18th birthday. However, while the time limit is frozen, a claim could be made on the child’s behalf by a litigation friend.

You can apply to be a litigation friend, or you could be appointed the position by the court. If you don’t claim on behalf of the child before they turn eighteen, they can start their own claim within three years of their 18th birthday.

The time limit is also suspended for those who lack the mental capacity to claim for themselves. To learn more about the exceptions to the time limit, or to find out if you could make a pedestrian injury claim on behalf of your child, contact our team today.

I Was Hit By A Car As A Pedestrian – What Do I Do?

Following being hit by a car, you may want to take certain steps that could support a personal injury claim. These might include:

  • Seeking medical attention if you require it. Any records following a visit to a GP, walk-in centre or hospital following the accident can support a personal injury claim.
  • Getting the driver’s contact details if possible. Under Rule 286 of the Highway Code, drivers involved in a road traffic accident must stop and give their name, the vehicle owner’s name and address, plus the registration number of the vehicle.
  • Reporting the incident to the police.
  • Gathering witness contact details. If anyone saw what happened, they can provide a statement at a later date.
  • Obtaining evidence, such as obtaining CCTV footage. We will provide more examples in the next section.

If you ask, “I was hit by a car as a pedestrian, what do I do in the UK?”, you may want to receive legal advice. One of our advisors can provide you with free advice regarding pedestrian accident claims. They may also connect you with one of our road traffic accident solicitors.

Proving Liability In Pedestrian Accident Claims

If you were a pedestrian hit by a car, you will need to prove that a breach of duty of care caused your injuries. This is set out in the Road Traffic Act 1988, with additional rules and regulations in the Highway Code. Someone getting hit by a car due to negligence would need to provide evidence in order to make a claim.

This could include:

  • Medical records.
  • Witness contact details.
  • CCTV, dashcam or mobile phone footage.
  • Accident scene photographs.
  • Injury photos.

This list of evidence that could be used in pedestrian accidents compensation claims is not exhaustive. A solicitor specialising in road traffic accidents could advise you on what evidence could best support your claim.

Call our advisors to learn more about claims for pedestrian accidents.

Compensation For A Pedestrian Hit By A Car

Compensation for a pedestrian injury claim can generally be split into two different heads: general damages, and special damages. General damages is the head of your claim that addresses your injuries, including psychological injuries, and the impact that these injuries will have on your life.

When solicitors and other legal professionals value this head of claim, they may refer to the Judicial College Guidelines (JCG). This document offers guideline compensation amounts for various types of physical and psychological injuries. You can find some examples of these guidelines below, but please note that these are not guaranteed figures. Also, take note that the first entry in this table is an estimated figure which is not taken from the JCG.

Multiple Serious Injuries Plus Special DamagesSeriousUp to £1,000,000+If you have sustained multiple serious injuries, then your pedestrian accident claim may compensate you for these. You may also receive compensation for special damages, which may include the cost of care at home and the loss of future earnings.
Head InjuryVery Severe£282,010 to £403,990Injuries which leave the victim in an unresponsive and vegetative state due to severe brain damage.
Head InjuryModerate (i)£150,110 to £219,070Injuries that lead to impaired mental ability and change in personality due to loss of motor function.
Head InjuryMinor£2,210 to £12,770Damage to the head that did not result in brain damage as a result of the injury.
Back InjurySevere£38,780 to £160,980Dilapidating back injuries causing loss of mobility and lowered life quality.
Back InjuryModerateUp to £38,780Back injuries with moderate pain and suffering that will be recovered from with several weeks.
Back InjuryMinorUp to £12,510Injuries temporarily damaging the back, which causes only short-term pain.
Neck InjurySevere£45,470 to the region of £148,330Injuries that result in severe pain, impairment of ability or partial paralysis
Neck InjuryModerate£7,890 to £38,490Injuries that result in long-term damage restricting ability and causing significant pain.

Special damages, the second head of claim, addresses the financial losses caused by your injuries. For example, if your leg was amputated as a result of being hit by a car, then you may need a wheelchair or prosthetic going forward. In this case, the cost of these aids could be covered by special damages. 

This heading can also help to cover the cost of:

  • Lost earnings
  • Home adjustments, such as the installation of a stairlift 
  • Domestic help, like cooking or cleaning
  • Childcare
  • Travel

To find out more about what could be included in a claim for pedestrian accident compensation, contact our team of advisors today.

Working With A No Win No Fee Solicitor For A Pedestrian Accident Claim

If you are looking to make a claim for a pedestrian accident, one of our solicitors could help you. If one of them agrees to take on your case, they may offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.

When working with a No Win No Fee solicitor, you won’t need to pay any legal fees upfront. You also won’t need to pay any fees while your case is being processed. Additionally, if your claim is not successful, you don’t need to pay your solicitor for their services.

Should your claim prove successful, your solicitor will subtract a success fee from the compensation awarded to you. The percentage your solicitor can deduct as a success fee is capped by the law.

You can contact our advisors if you have any questions about pedestrian accident claims. They can also offer you free advice for your potential claim and may connect you with one of our solicitors.

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Helpful Links On Road Traffic Accidents

If you’d like to learn more about pedestrian accident claims and getting compensation after a road collision, please see the guides below:

For more advice on pedestrian accident claims, please get in touch.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.