Why Should I Trust Legal Expert With My Pedestrian Accident Claim?

By Stephen Hudson. Last Updated 22nd July 2024. 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  and make a road traffic accident claim 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 personal injury 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.

To chat with us, you can:

• Call us on 0800 073 8804
• You can write to us about your case here
• Or chat with us now using our live chat service

Select A Section:

• Can A Pedestrian Make A Claim If Hit By A Car?
• What Are The Causes Of Pedestrian Accidents?
• I Was Hit By A Car As A Pedestrian – What Do I Do?
• Claiming Compensation For A Hit And Run
• Compensation Payouts In Pedestrian Accident Claims
• Claim Compensation With A No Win No Fee Solicitor
• Learn More About Pedestrian Accident Claims

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

All road users owe one another a duty of care. This means that they need to act in a way that minimises harm to themselves and others. Part of upholding this duty is complying with the Highway Code and the Road Traffic Act 1988 (RTA).

If you want to make a pedestrian accident claim, you need to prove that someone else breached this duty of care and that this breach caused you harm. These factors together form negligence.

For example, if a drunk driver sped through a red light and hit you while you were crossing the road, then you may be able to make a claim. This is because driving drunk is a breach of their duty of care.

We know this might seem complex, which is why we always recommend working with a pedestrian accident lawyer. Our team of friendly professionals are on hand to answer any questions you might have, and can even evaluate your claim for free. Get in touch today to find out if you could make a claim.

How Long Do I Have To Claim Compensation?

To make a pedestrian accident claim, you must comply with the time limits that are set out by law. If you fail to do so, you might not be able to make a claim at all.

From the date of the accident, you have 3 years to begin proceedings in your claim. So if you suffered an injury on 1st April 2024, you’d have until 1st April 2027.

The best thing to do is to take legal action as soon as you’re able.

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

Under the Limitation Act 1980, the standard time limit for pedestrian injury claims is three years from the date of the incident.  If a child pedestrian is hit by a driver, 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.

What Are The Causes Of Pedestrian Accidents?

As we’ve already mentioned, you must be able to establish that you were injured as a result of negligent actions in order to make a pedestrian injury claim. Some examples of how this could occur include:

• A driver drives through a red light, hitting you as you cross at a pelican crossing. This could cause broken bone injuries, as well as a traumatic head injury.
• A drunk driver swerves onto the pavement, injuring the pedestrians walking there and causing multiple physical and psychological injuries.
• A car speeds around a junction, and does not have enough time to stop safely, hitting a crossing pedestrian. This could cause bruises, lacerations, and chest injuries.

These are only a few examples of how a car could hit a pedestrian as a result of a breached duty of care. You can contact our team today to learn more about making pedestrian accident claims, or read on to get more information on claiming for road traffic collisions.

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

You may also be wondering, ‘I was hit by a car as a pedestrian, what do I do?’ After being hit by a car, you may want to gather the contact details of the driver. Depending on the nature of your injuries, you may request someone to do this on your behalf if you need to be treated right away.

You should also have any injuries you suffered inspected and treated by a medical professional. Depending on the nature of your injuries, you may wish to attend Accident & Emergency (A&E) or book an appointment with your GP.

If the driver failed to stop at the scene of the accident, you could also make a report to the police.

Another step you could take following a road traffic accident that could support you with making a personal injury claim is to gather evidence. Some examples of evidence that could help support your case include:

• Any video footage of the accident taking place, such as dashcam or CCTV footage.
• Photgraphs of the accident scene and any visible injuries you suffered.
• Copies of your medical records detailing the injuries you suffered and what treatments you received for them.
• The contact information of anyone who witnessed your accident. They could provide a statement at a later date.

One of our solicitors could help you with gathering evidence for your claim as part of their services. To see if you could be eligible to work with one of them, contact our advisors.

Claiming Compensation For A Hit And Run

A hit and run is an accident in which a pedestrian is struck by a vehicle and the driver flees the scene. It is against the law and a criminal offence to flee the scene of an accident, especially if you’ve inflicted injuries on other people.

The concern with these types of pedestrian accident cases is that the offending driver sometimes is never traced. As a result, it’s difficult to identify which insurance company to lodge the claim against.

In these cases, a claim is still possible. Instead, your solicitor can help you submit the claim to the Motor Insurers’ Bureau (MIB). This is an organisation funded by the insurance industry that’s designed to compensation victims of hit and run accidents.

Compensation is paid by the MIB in the same way as a standard compensation claim. The process, however, is a little different, so it always helps to get legal advice. You can call us for free on the number above to speak with us today.

Compensation Payouts In Pedestrian Accident Claims

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). The JCG has 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.

Can I Claim For Financial Losses And Property Damage?

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 pedestrian accident compensation claims, contact our team of advisors. Or, read on to find out how our specialist personal injury solicitors could help you claim compensation for pedestrian accidents.

Claim Compensation With A No Win No Fee Solicitor

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 for your solicitor’s services upfront or if the claim fails.

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 how to claim compensation for a pedestrian accident. They can also offer you free advice for your potential claim and may connect you with one of our solicitors.

You can reach our advisors by:

• Calling 0800 073 8804
• Using our online contact form
• Using our 24/7 live chat service

Learn More About Pedestrian Accident Claims

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

• How long does whiplash last?
• Passenger Accident Claims
• Pedestrian Hit By A Car At A Junction Claims Guide
• Arm Injury Claims Guide

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