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Pedestrian Hit By A Car At A Junction Claims Guide – Can I Claim Compensation? Free Advice On Road Accident

By Daniel Archer. Last Updated 12th May 2022. Have you recently been a pedestrian hit by a car at a junction? If you have indeed been injured as a pedestrian after being hit by a vehicle at a junction then you may be eligible to claim compensation.

Pedestrians are vulnerable road users who often experience severe injuries following a road traffic accident. If possible, we may be able to help prove the negligence of the driver that hit you or caused you to be injured, assuming such behaviour caused the accident. We may also be able to assist with receiving the compensation you are entitled to following such a traumatic incident.

Pedestrian hit by a car at a junction

Pedestrian hit by a car at a junction

In this guide, we’ll look at how pedestrian accident claims may be possible when they involve a car hitting a pedestrian at a junction. We’ll also look at when pedestrians have right of way on different types of roads and crossings. Also, we will explain what steps you can follow if you are unfortunate enough to be hit by a car at a junction. We’ll also break down the types of evidence that may allow you to start a personal injury claim if another road user is to blame for your accident.

Read on to find out more about claiming compensation as a pedestrian who has been hit by a car at a junction. As soon as you are ready to make your claim or find out more then please contact Legal Expert on 0800 073 8804 where one of our friendly and professional team will be happy to help you. You can also contact us online using the claim form on our website.

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A guide to claims as a pedestrian hit by a car at a junction

Whilst we are all encouraged to walk more for the sake of our health and the environment, it is worth noting that as a pedestrian you are one of the most vulnerable road users and need to exercise a high level of caution. Unlike motorists who are equipped with airbags and seatbelts, pedestrians often experience severe injuries following collisions with cars as they have no form of protection. If you are a pedestrian that has been hit by a car at a junction and suffered an injury as a result then you may be able to claim damages to compensate you for your pain and suffering.

This guide will help you to understand when as a pedestrian, you have a right of way on the road, what to do if you have been involved in a road traffic accident and what you may be able to claim for as a result. We strongly advise you to read on and learn more and then contact us here at Legal Expert so that we can begin your claim and achieve the compensation that you are entitled to.

What are pedestrian accident claims?

Pedestrians are the most vulnerable users of the road. They have none of the protection afforded to motorists such as airbags and seatbelts. Pedestrians are most commonly injured as they are crossing the road, and road junctions are often the most dangerous area for pedestrians, leaving them open to the risk of being hit by a car that is turning in or out of a road without necessarily taking enough notice of other road users.

It is not always easy to claim compensation as a pedestrian who has been hit by a car at a junction. It can be difficult to prove. However, if somebody else is responsible for the injuries you have suffered as a result of your accident then you may be able to claim damages. The amount that you can claim will depend on how severe your injuries are, what type of accident it was and how strong your evidence is. Each accident involving a pedestrian is unique and so the details need to be considered on an individual basis. If you have been harmed as a pedestrian following a car accident pulling out of a junction then please contact Legal Expert today to see what you may be entitled to.

What are accidents at junctions involving a pedestrian?

Vehicle drivers have a duty to be aware of pedestrians. If a pedestrian is hit by a car at a junction then their injuries can be devastating and life-altering. They are much more likely to suffer serious injuries than the driver of the vehicle.

Pedestrians are more vulnerable at road junctions as drivers tend to be assessing the road and making a judgement about oncoming drivers rather than the potential for pedestrians to be crossing the road ahead of them. They may be glancing in other directions to check the state of the traffic and fail to look in their direction of travel to see somebody crossing the road in front of them. At the point at which a motorist turns in or out of a junction, they are likely to be accelerating making it more difficult for them to stop quickly once they spot the pedestrian. All of these circumstances make it more likely that a pedestrian will be harmed at a junction.

When do pedestrians have right of way?

There are a number of times that you will recognise that you have right of way as a pedestrian, and some that you may be surprised by. Here are the times in which a pedestrian has right of way on the road:

  • Zebra crossings As soon as a pedestrian has stepped out onto a zebra crossing, drivers have a duty to stop and give way to them. It is known as a strict liability offence if a pedestrian is hit by a vehicle whilst walking on a zebra crossing. Drivers should exercise caution when approaching a zebra crossing in case a pedestrian steps onto the road.
  • Pelican crossing – A pedestrian right of way only occurs once the green man appears. A pedestrian should be able to cross the road safely whilst the green man is illuminated. They may continue crossing when the green man begins flashing but should not start crossing at this point.
  • Puffin crossing – A puffin crossing confers the same right of way to a pedestrian but uses sensors to detect when a group of people have completed their road crossing. Therefore the green man will not begin to flash.
  • Toucan crossing – This works in a similar way to a pelican and a puffin crossing but pedestrians and cyclists are allowed to cross together.
  • Side roads – You may not be aware but according to the highway code, rule number 170, if as a pedestrian you have begun to cross a side road, then drivers who are turning into that side road from the main road must give way to you.
  • Walking along the side of a road – A pedestrian is well within their rights to walk along the side of the road as long as it is not a motorway or a motorway slip road.
  • Junctions – Up until changes to the Highway Code were introduced in January 2022, drivers were given priority at junctions (unless another road user was already halfway across the junction). Now though, if a driver is turning at a junction and a pedestrian is ready or preparing to cross, then that pedestrian has right of way.

Claims for being hit when crossing the road at a junction

Pedestrians can experience a wide variety of injuries if they are involved in a road traffic accident. These injuries vary from minor scrapes to serious life-changing and debilitating injuries. If you as a pedestrian have been hit by a car and are wondering what to do according to UK law then these tips may help you.

  • If you are hit on a pavement – If a vehicle has mounted the pavement or hit you whilst you are exercising your right of way by using a pedestrian crossing then you are very likely to be entitled to receive compensation. If the driver does not stop or was driving without an MOT, or is uninsured, then you may still make a claim but you will need to go through the Motor Insurers’ Bureau.
  • Compensation if you are not hit – Even if the car does not actually hit you, if you are forced to jump out of the way of a car that has mounted the pavement or approached you at speed on a pedestrian crossing and you are injured as a result, then you may still be entitled to claim damages due to the driver’s negligence.
  • The rules are pretty clear about who has right of way if you were using a pedestrian crossing. However, if you are crossing the road at a point at which there is no specified pedestrian crossing then you will need to prove that the driver was at fault before you were able to win compensation. If you crossed in a hazardous area, for example between parked cars or you failed to check the traffic properly because you were distracted then it may be agreed to be your fault as a negligent pedestrian. In this type of situation, we strongly suggest that you contact a personal injury lawyer to help you establish who was to blame.

Time limits for starting a claim

Something to keep in mind if you’re considering making a personal injury claim is that a time limit usually applies for starting such claims. Due to the Limitation Act 1980, you normally have three years to start a claim from the date your accident occurred. If you wish to start a claim, then it’s always wise to begin the process as soon as you can.

Exceptions to this time limit can apply to children and people with reduced mental capacity. If a child or someone who lacks the mental capacity to act independently is injured in a road traffic accident, then the three-year time limit for starting a claim is suspended (at least temporarily). For children, the time limit will not activate until the day they reach their 18th birthday. The time limit will only start for those with a reduced mental capacity if they recover enough of it to allow them to make decisions on their own behalf.

When an injured party is unable to claim on their own behalf, a claim could potentially be started for them by a representative. This representative, formally known as a litigation friend, could be someone close to the injured party, such as a parent.

Compensation claims for a pedestrian T junction car accidents

Pedestrians who have been hit by a car at a junction will often wish to seek compensation to recover the losses they have experienced as a result of the accident. Following an accident at a junction, who takes responsibility plays an important part in making a compensation claim.

Even if as a pedestrian you choose a safe place to cross, check in both directions and cross quickly and safely, you may still become the victim of a road traffic accident. The severity of your injuries will depend on a number of factors including your age, current state of health, the speed at which the vehicle was travelling and the severity of the impact.

It can be very tricky to make a personal injury claim as a pedestrian following a car accident at a junction because the driver’s insurance provider will do everything they can to avoid or minimise compensation payment. In order to strengthen your case and receive the compensation that you are entitled to, you will need a personal injury solicitor to fight your corner. Here at Legal Expert we can pair you up with a solicitor who specialises in this area of personal injury and will get you the compensation you deserve.

What should you do if hit by a car at a junction?

If you are a pedestrian who was hit by a car at a junction then there are a number of things you can do at the outset to strengthen your claim. If you have been injured it is crucial that you see a healthcare professional as soon as possible to ensure that you get the treatment you need for the best chance of a full recovery. It is also important that your injuries are recorded by a medical practitioner so that their report can be used as evidence at a later date.

It may also prove incredibly helpful at a later date if you can get witness statements. If anyone saw the accident as it happened then attempt to get contact details or statements from them at the scene of the accident or soon afterwards.

If you are able to do so, you may find it helpful to take pictures at the scene of the accident and of the area surrounding it. This kind of information will help a solicitor assess exactly what happened when they are bringing together the details of your case.

The most successful personal injury claims are lead by a specialist solicitor. We strongly recommend that you contact Legal Expert so that we can put you in touch with somebody who has a high level of expertise in this area of the law.

Case study of a pedestrian hit by a car at a junction

In a recent personal injury case, a pedestrian experienced an injury following a T junction car accident. The claimant had been crossing the road close to this T Junction. At the time of crossing, a driver was approaching the T Junction in a 30mph area.

As the driver got closer to the junction he was observing right as there was a vehicle approaching him. Using his judgement, he decided that he had enough time to make the turning before the oncoming car arrived. The driver made the left turn without checking the road in front of him. He, therefore, did not spot the pedestrian claimant and collided with him. The claimant was knocked over the car bonnet and fell into the road.

The driver stopped and telephoned for an ambulance. The claimant suffered extensive bruising, internal bleeding, concussion and a fractured rib. He was treated at the hospital but for 2 months afterwards was unable to go about his daily business as a result of the severe injuries. He also suffered traumatic flashbacks for several months afterwards.

It was agreed that the claimant was attempting to cross the road safely and the vehicle’s driver had been negligent in his failure to identify the pedestrian who was crossing the road in front of him. Fortunately, two other drivers and a pedestrian witnessed the incident and the statements requested from them helped to prove the driver’s negligence. The case was concluded after several months when the driver’s insurer agreed on a settlement in excess of £15,000.

What damages can I claim for being hit by a car at a junction?

if you can successfully prove that your injuries were the results of somebody else’s negligence following a road traffic accident at a junction then you could possibly claim one or more types of the following compensation payouts:

  • General damages – General damages are payable usually as one lump sum which aims to duly compensate claimants for any pain/suffering they have experienced from their injuries. The amount of general damages you will receive will depend on the severity of your injuries and is usually decided on a case-by-case basis.
  • Medical expenses – As long as you have kept your receipts or records of payment then you will be able to claim back any out of pocket expenses that you have incurred as a result of medical charges relating to your injuries. This can include, for example, prescription charges.
  • Travel expenses – If you have incurred travel expenses as a result of your injuries then you can claim these back on the condition that you have receipts to prove your payments. Examples of travel expenses include journeys to and from medical appointments which are considered necessary following the car accident at a junction.
  • Loss of income If your injuries following the accident have rendered you unable to work then you could possibly claim for loss of earnings.
  • Care costs – If you have been unable to fulfil your day-to-day tasks at home due to the severity of your injuries and you have required another person to help you then this person might claim care costs.

How to calculate compensation for a pedestrian hit by a car at a junction

Personal injury compensation claims calculators can be useful for getting a rough estimate of the amount of compensation you may be entitled to following your road traffic accident. However, in this type of accident, the compensation that pedestrians receive varies widely and is dependent on the exact circumstances of the case. Therefore we strongly suggest that you contact a personal injury solicitor to get more specific advice on what you may be able to claim.

You can view the table below to see compensation brackets for different types of injuries you may experience from a road traffic accident. The brackets are based on those found in the latest Judicial College guidelines. Solicitors may use these guidelines to assist them with working out the value of the injuries which you are claiming for.

The brackets do not guarantee how much compensation you’ll gain from your potential claim. They could, however, give an indication of the amount you could realistically expect depending on what injuries you have and how severe they are.

Post-Traumatic Stress DisorderSevere£59,860 to £100,670
Post-Traumatic Stress DisorderModerate£8,180 to £23,150
Neck InjurySevereIn the region of £148,330
Neck InjuryModerate£7,890 to £13,740
Back InjurySevere£38,780 to £69,730
Back InjuryModerate£27,760 to £38,780
Back InjuryMinor£2,450 to £12,510
Shoulder InjurySerious£12,770 to £19,200
Shoulder InjuryModerate£7,890 to £12,770
Shoulder InjuryMinor£2,450 to £7,890

Can I make a claim on a No Win No Fee basis if hit by a vehicle at a junction?

All compensation claims made through Legal Expert are made on a No Win No Fee basis. No Win No Fee means that you will never be asked to pay any money upfront. You only incur a fee if your compensation claim is successful and you receive a payout. In this scenario, the litigation fee will be taken from your final payout so you will never be left out of pocket. We believe this makes the process easier and less stressful for the claimant who does not need to feel discouraged by any financial penalty when making a claim.

Why choose Legal Expert to handle your claim?

Here at Legal Expert we have a dedicated team of professional people who are waiting to take your call. Our team are friendly and approachable and will support you throughout your compensation claim, keeping your stress levels to a minimum.

The choice of personal injury lawyers may seem overwhelming when you first decide that you wish to make a claim. The difference you will experience when choosing Legal Expert is that we genuinely care for our clients and do everything we can to make the process as smooth and stress-free as possible. We empathise with the fact that you are going through a difficult and traumatic time and we don’t want to make the process any more difficult than it needs to be.

We will take care of as much of the paperwork as we possibly can, troubling you as little as possible with the formalities. Don’t take our word for it though, call us today and have a chat with one of our experts who will be able to explain the process to you in detail.

Speak to us today

If you are ready to make a claim or you’re looking for more advice on pedestrian accident claims, then you can contact us at Legal Expert today. You can call us on 0800 073 8804. Alternatively, you can reach us online using our contact form and we will get back to you. Or you can use our 24/7 live chat service.

Useful Links

Have you suffered broken bones? – The NHS page shows how to tell if you have a broken bone.

The Road Traffic Act 1988 – You can read the full details of this important piece of legislation through this link here.

The Highway Code – You can check this government link to read through the details of the current Highway Code.

Accidents to pedestrians – General guide – You might feel it necessary to read more about pedestrian accidents. Here’s our general guide.

Accident claims on the road – Personal injury claims on the road can be complex. Read more about them here.

Personal Injury Claim Process – find the answers to some questions we often get asked about the personal injury claims process.

Pedestrian Hit By A Car At A Junction Claims FAQ

In this final section of our guide to starting a claim when you’re a pedestrian hit by a car at a junction, we’ve answered some commonly asked questions about this topic.

How much compensation do you get for a pedestrian accident?

The amount of compensation that may be offered through pedestrian accident claims can vary a lot. There are numerous factors that have to be taken into account. These include what exact injuries occurred and how serious each injury is. Whether or not any damage to property can be claimed for too is also taken into account. Compensation for injuries covers specifically for ‘general damages’, while any compensation for damage of personal property covers ‘special damages’. If you are eligible to claim for general damages, then it may also be possible to claim for certain special damages.

What happens if you get hit by a car while walking?

If a pedestrian is hit by a car, then the driver involved is expected to stop at the scene of the accident and exchange relevant information with the affected party. This is a legal requirement under the Road Traffic Act 1988. If this exchange doesn’t take place at the accident scene, then the driver must report the accident to the police as soon as possible (or at least within 24 hours of the occurrence of the accident).

Can I claim if I got hit by a car?

If you are hit by a car because of negligent behaviour by the car driver (or another party ultimately caused the collision through their negligent behaviour), then you may be able to claim compensation in response. To make a claim, you’ll need to gather evidence which shows that you were owed a duty of care by the defendant, and they breached this because of negligent behaviour on their part.

Do pedestrians have right of way on the road?

As a result of recent changes to the Highway Code, pedestrians now sit atop of the hierarchy of road users. The changes mean that those operating vehicles with the greatest chance of causing harm, have the greatest responsibility on the roads. 

As such, pedestrians may have right of way in many scenarios. For example, if a pedestrian is waiting to cross at a junction, then other road users must stop and let them cross if it is safe to do so.

A car hitting a pedestrian in one of these scenarios, such as a pedestrian who was using a zebra crossing, could be an example of driver negligence. Therefore, the pedestrian could make a claim for their injuries.

What happens if you hit a pedestrian with your car? 

If you injure a pedestrian with your car, they may make a claim against you for compensation. However, they must prove that you breached your duty of care. For example, perhaps you didn’t stop to let them finish crossing the road. Alternatively, you may have been exceeding the speed limit and were unable to stop in time as a result.

The success of their claim can depend on whether or not they can prove that you were negligent. However, it is sometimes possible for the pedestrian to have been injured due to their own negligence. For example, they may have suddenly attempted to cross a busy road with no warning. If so, they may not be able to make a claim.

Additionally, it is possible for the liability to be shared between you and the pedestrian. Therefore, a reduced settlement may be awarded.

What happens if you hit a pedestrian with your car in the UK?

The consequences of hitting a pedestrian with your car can vary depending on how serious the impact is. Regardless of what caused the collision and how severe it is, you should stop immediately if you hit a pedestrian while driving your car. You’ll then (if possible) need to exchange details with the pedestrian including names, contact details and insurance details. If the pedestrian has been injured, make sure that emergency services have been contacted before you start exchanging details.

Do you get compensation for a hit and run?

If you have been injured or had your property damaged by a hit and run driver, then you may be able to file a compensation claim with the Motor Insurers’ Bureau (MIB). When you do have grounds to submit a claim to the MIB, we recommend that you hire a personal injury solicitor with experience in handling hit and run claims. The solicitor can help guide you through the claim process, including gathering the information and evidence that the MIB will ask for.

We hope this guide about claiming compensation if you are a pedestrian hit by a car at a junction has proven useful. If you still have any questions about these types of claims, then you’re welcome to contact our advisors online or by phone.

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