Pedestrian Accident Claims | No Win No Fee Compensation Claims Guide
By Stephen Hudson. Last Updated 14th February 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?
- How Could A Pedestrian Be Hit By A Car?
- Proving Liability In Pedestrian Accident Claims
- Compensation For A Pedestrian Hit By A Car
- Working With A No Win No Fee Solicitor On A Pedestrian Accident Claim
- Helpful Links Related To Pedestrian Accident Claims
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 pedestrian injury claims 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 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.
How Could A Pedestrian Be Hit By A Car?
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.
Proving Liability In Pedestrian Accident Claims
When claiming for a road traffic accident, collecting evidence is crucial. Evidence can help bolster your claim by illustrating who is responsible for your injuries, how your accident occurred, and how your injuries will affect your life in the future.
Some examples of evidence that could be useful in pedestrian accident claims include:
- Photographs: Photographs of both the accident site and your injuries can be helpful in proving your road traffic accident claim, as it can help illustrate how they occurred and how severe they are.
- CCTV footage: If your accident was caught on CCTV, you may be able to request the footage to help prove your claim.
- Witness statements: Taking down the contact details of those who witnessed your accident means that their statements can be taken by a professional at a later date.
- Medical records: Your medical records can help illustrate what medical treatment you need to recover and how severe your injuries are.
If you choose to work with a solicitor on your pedestrian accident compensation claim, they can help you gather evidence. To find out if you could be eligible to work with one of our No Win No Fee solicitors, contact our team today.
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.
Injury | Severity | Amount | Description |
---|---|---|---|
Multiple Serious Injuries Plus Special Damages | Serious | Up 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 Injury | Very Severe | £282,010 to £403,990 | Injuries which leave the victim in an unresponsive and vegetative state due to severe brain damage. |
Head Injury | Moderate (i) | £150,110 to £219,070 | Injuries that lead to impaired mental ability and change in personality due to loss of motor function. |
Head Injury | Minor | £2,210 to £12,770 | Damage to the head that did not result in brain damage as a result of the injury. |
Back Injury | Severe | £38,780 to £160,980 | Dilapidating back injuries causing loss of mobility and lowered life quality. |
Back Injury | Moderate | Up to £38,780 | Back injuries with moderate pain and suffering that will be recovered from with several weeks. |
Back Injury | Minor | Up to £12,510 | Injuries temporarily damaging the back, which causes only short-term pain. |
Neck Injury | Severe | £45,470 to the region of £148,330 | Injuries that result in severe pain, impairment of ability or partial paralysis |
Neck Injury | Moderate | £7,890 to £38,490 | Injuries that result in long-term damage restricting ability and causing significant pain. |
What Are Special Damages?
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.
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.
You can reach our advisors by:
- Calling 0800 073 8804
- Using our online contact form
- Using our 24/7 live chat service
Helpful Links Related To 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 accident claims, please get in touch.