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Hit By A Moped / Scooter As A Pedestrian Can I Claim Compensation? – How Much Can I Claim For Personal Injury?

Pedestrian hit by-moped

Pedestrian hit by-moped

Pedestrian versus moped accidents are thankfully not an everyday occurrence but when they do happen, the resulting injuries a pedestrian hit by a moped can suffer are painful. If you are struggling to come to terms with your accident and the resulting injuries, you may find that compensation goes a long way to getting the help that you need.

This guide covers everything you need to know after being hit by a moped, whether on the road, a crossing, at a junction or on the pavement. You can always call the team to discuss your potential personal injury compensation claim on 0800 073 8804 or talk to us via live chat.

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A guide to claiming compensation as a pedestrian hit by a moped

Moped ownership is as popular today as it ever was. And that means over 12,000 mopeds are currently estimated to be on our roads. The majority of moped owners are aged between 16 and 20, a cheaper way of owning your own transport at such a young age. After this age, moped ownership drops dramatically, not rising again with any significance until the 40 to 50 age group. Whilst most moped users are experienced and careful, accidents can and do happen.

A cheap and quick way of getting around, whilst most journeys pass without incident, there are occasions when a pedestrian can be hit by a moped. When this happens, the result can be injuries to you, as the pedestrian.

In some discomfort and pain, it seems unfair that you suffer as a result of someone else’s actions. If this has happened to you, claiming compensation for personal injury may be a course of action you choose to follow.

Pedestrian injury claims when injured in a collision with a moped

A pedestrian hit by a moped can be injured in many different ways. What impacts on injuries is the speed of the moped on impact with a pedestrian, as well as the type of collision it was. However, even when driven at low speed, pedestrians have nothing to protect them from the force of being hit. The elderly or children are likely to suffer fairly serious injuries if hit by a moped, as they are usually more vulnerable to the effects of injuries and impacts.

It may not just be physical injuries you received as a result of being hit by a moped. Many people find being involved in an accident of any kind traumatic. Emotionally upsetting, you may have become anxious, withdrawn or suffering flashbacks or even lack of sleep from worrying about the accident and whether it could or will happen again.

A moped rider, on the other hand, will be more protected in the case of an accident. They will need to wear a helmet as dictated by the law. Some riders take extra precautions such as leather trousers and jacket to protect them if they fall or are knocked from their moped. As a pedestrian, you have no ‘armour’ to protect you as you walk along a pavement or cross the road at a crossing.

Moped collisions or being hit by a moped may be uncommon but not unheard of;

  • Mopeds filtering passed stationery traffic – for example, when a bus pulls into a bus stop, the moped rider may decide to pass the bus but not see a pedestrian crossing the road.
  • Riding on the pavement – some moped riders may treat their bike as an extension of a road back and decide that the safest place to ride their bike is on the pavement. If you were the pedestrian hit by a moped in this kind of accident, you could claim compensation.
  • Mounting the kerb – from losing control of their machine to being forced to take evasive action, mopeds and motorbikes riders can sometimes mount the kerb, striking a pedestrian.

A personal injury claim for compensation after being struck by a moped may be possible. Once your no win, no fee personal injury solicitor has more details of the accident, they will be able to guide you further as the level of compensation and other issues relating to your claim.

Pedestrian injury claims when hit by a moped at a junction

Our roads are increasingly busier and all road users will need to be vigilant when they drive, cycle, walk or take their moped on each journey they make. Drivers are subject to all kinds of information on how to use the road from signs to information on the road itself.

Pedal bikes, mopeds and motorbikes are subject to the same rules as drivers when it comes to rules of the road – and this includes junctions.

Pedestrians should cross the road when and where it is safe to do so, preferably at a crossing. However, it is commonplace that a pedestrian will need to cross junctions and there are many reasons why a moped may strike a pedestrian in this situation;

  • Not seeing the pedestrian until the last minute and not being able to stop in time
  • Not obeying the rules of the road and not being in the correct lane at a junction. This may mean you decide to cross the road but the moped made the turn at the last moment.
  • Speed can be a factor with the moped not seeing the pedestrian because they were travelling too fast for the road conditions and the manoeuvre at the junction that they were about to make.

It may be possible that as a pedestrian hit by a moped at a junction, you may be able to make a personal injury claim for the injuries you suffered.

The moped rider lost control of their vehicle and hit me, can I claim compensation?

There are many factors that contribute to a moped rider losing control of their vehicle;

  • Weather – wet roads can affect the grip of moped tyres
  • Inexperience – from not knowing the roads to not being able to ride safely in inclement weather, inexperience is often a case of losing control of a bike or moped.
  • Speed – riding too fast makes the moped harder to control, reducing response time too. Losing control of a moped in this way can have disastrous results for a pedestrian hit by the moped.
  • Overladen – from carrying a pillion passenger when the moped was not designed too to carry extra weight in terms of bags etc., excessive weight contributes to poor handling, leading to a loss of control of the moped in many cases.
  • Alcohol or drug use – like other road users, moped riders are subject to the law in relation to being under the influence of drink and/or drugs. Inhibiting their response times, a driver with alcohol or drugs in their system also suffer a distorted view of situations making a loss of control more likely.

One or all of these factors can lead to accidents, although there is a myriad of reasons why someone should lose control of the moped they are riding. If you are a pedestrian hit by a moped in this kind of accident, you may be entitled to claim if it can be proven the accident was the responsibility of the moped rider.

Who is liable is a moped rider hits a pedestrian?

In most cases, the moped rider is usually deemed to be responsible in the case of a collision between their moped and a pedestrian;

  • Duty of care – every road user from car drivers to HGV drivers, van drivers, motorcyclists and moped drivers have a high duty of care placed upon them when they are in charge of a vehicle for the safety of pedestrians. A moped driver too is expected to drive their machine with due care and attention, follow the rules of the road and behave in a way that not only ensures the safety of others but themselves too.
  • Contributory negligence – however, it has to be recognised that as pedestrians, we sometimes don’t always take enough care or give drivers the opportunity to react and avoid collisions. For example, failing to check that it is safe to cross the road because you were looking at your phone may be seen as contributory negligence. Or dashing across the road at a crossing as the lights are flashing amber. Even when the responsibility of the accident may be split between moped rider and pedestrian, it is possible for the pedestrian to make a personal injury claim for compensation.

Can you claim compensation if hit by a moped when crossing the road

In the UK, we have two types of crossing that pedestrians can use to cross the road safely, in theory at least;

  • Zebra crossing – painted white lines on the road and two flashing poles on either side of the road denote that it is a zebra crossing. There are rules as to how to use crossings. At a zebra crossing, pedestrians need to stand safely at the kerb edge and only cross when vehicles have stopped.
  • Pelican crossings – these are found usually on more busier roads and a pedestrian presses the button and waits for the intermittent ‘beeping’ sound and the green man light before they can cross. When the green man begins to flash, pedestrians should not cross.

Road users, including mopeds, have to obey the rules of both crossings and must not travel across it when there are pedestrians using it, even if they are on the other side of the road. If you were a pedestrian hit by a moped at a crossing, you may be able to claim compensation, subject the situation of the accident.

Case study of a pedestrian hit by a moped when crossing the road

Like most people, Mrs H regularly uses zebra crossing to safely cross the road. She was using a crossing she has used several times before when she was hit by a moped. There was another person using the crossing and because they were already walking across the road, Mrs H was confident in crossing too. Traffic had stopped and so there was no reason to assume that the moped rider wouldn’t stop.

Unfortunately, this didn’t happen and Mrs H was hit by the moped, travelling at several fairly fast. Thrown to the ground, Mrs H suffered significant but not life-changing injuries. As well as a broken wrist, she also suffered severe bruising as well as a nasty gash to her shoulder.

Mrs H received compensation for her injuries because it was clear she had the right of way across the crossing because it was already in use and other road users had stopped. The moped was being driven carelessly and without due care and attention. As a young rider, their inexperience also contributed to the accident.

As a pedestrian hit by a moped, Mrs H received just under £4,000 in personal injury compensation.

What should you do if involved in a pedestrian moped accident

Being hit by a moped is an unpleasant experience but if you are involved in a pedestrian moped accident, this is what you need to do;

  • Seek medical help – an impact on the body by an object moving at speed, like a moped, will cause injury. From bruising to fractures, the nature of your injuries will be determined by the speed at which you were hit. Falling to the ground violently will also cause injury. It is important to seek medical treatment.
  • Inform the police – the Road Traffic Act 1988, section 170, explains fully what drivers should do in the event of an accident, including reporting an accident should someone be hurt.
  • Evidence – you will need to give your side of the story about what happened. As a pedestrian hit by a moped, you need to be clear about the accident and so as soon as you can, make notes of the time of day, date, road conditions, weather and so on.
  • Witnesses – if you can, gather the contacts details of any witnesses to the accident. Their evidence could be important in determining who was responsible for the accident.

If you were hit by a moped at a junction, crossing or in any other situation that you feel wasn’t your fault, you may be able to claim compensation for your injuries.

Damages you could claim if hit by a moped as a pedestrian

Compensation settlements for personal injuries are split into two categories;

  • Special damages – in effect, this part of the compensation settlement is for quantifiable losses. For example, loss of income, medical expenses, travel costs, claims for care and so on. Keep receipts and details so that your no win, no fee personal injury solicitor can make sure you claim everything due to you.
  • General damages – these are more difficult as they need to be ‘assessed’, the reason why compensation claims for similar accidents will vary. This portion of your settlement depends on the nature and severity of your injuries, and the future likely impact they will have on you. This could be in relation to effects on your earnings, as well as any ongoing effects of your injuries such as pain, stiffness or discomfort.

If you decide to pursue a compensation claim as a pedestrian hit by a moped, you will need a personal injury lawyer who not only specialises in your kind of claim but also operates on a genuine no win, no fee basis.

How much could I claim if hit by a moped?

There are many different types of injuries that result from being hit by a moped, and their severity will depend on their nature too. This table sets out the level of settlement your lawyer may pursue on your behalf.

InjuryAward LevelAdditional notes
Minor brain or head injury£1,760 to £10,180In this case, brain injury would either be minimal or non-existent but recognises that as a pedestrian hit by a moped, your head has been injured. The level of the award is affected by the severity of the injury, the amount of time it took to recuperate, the extent of any ongoing symptoms and whether you suffer from headaches or not.
Psychological damage£1,220 to £4,670The trauma of an accident can stay with you for some time and when this impinges on your life, it may be possible to include it as part of your claim. It addresses the effects on anxiety on your daily routine and how you cope with activities. In this band, the psychological effects are minor and improve over a short space of time but immediately after the accident, were somewhat debilitating.
Minor eye injury£3,150 to £6,960Damage to an eye may have occurred if you were struck in the eye as a result of the accident which causes initial pain and discomfort. The higher end of the award would be made if there was a temporary interference to your vision.
Damage to the spleen£3,470 - £20,950Damage to the spleen is common in accident victims where they have taken a significant impact to the torso.The lower end of the award – up to £6,890 – would be made where the damage was apparent but minimal. Removing the spleen impacts on the immune system, therefore the award would be higher, between £16,580 and £20,950.
Minor neck injuriesUp to £1,950A fall resulting in a sudden, unexpected and violent impact can result in neck injuries, including whiplash. The lower end of the band is when the injury to the neck is minor and one from which your recovered completely and quickly. However, when the injury lingers, there are higher award brackets to take into account the ongoing severity of discomfort and pain.
Injury to pelvis and hips£31,220 to £41,860Damage to the pelvis is not something that only affects the elderly but the impact of a fall to the ground, as well as the impact from the moped, could result in a fractured pelvis. This is the most common kind of injury in this injury category. The fractured hip may result in degeneration. of the leg which requires surgery now or a hip replacement at some point in the future.
Minor hand injury£730 to £3,460If you injured your hand but you recovered full use of your hand within 6 months of the accident, a settlement would fall somewhere in this bracket.
Minor wrist fractureUp to £3,790A minor wrist fracture that heals without the need for surgery will attract the lower end of compensation. If, however, your fracture was more complicated, it will attract a higher award than this.

This is not a definitive guide. Your injuries may have been different or more severe. Your personal injury solicitor will discuss the details as they relate specifically to your case.

No win no fee pedestrian moped injury claims

No win, no fee – sometimes known as the Conditional Fee Agreement – was put in place to help innocent victims of accidents, pedestrian versus moped accident included – to fight for the compensation that they deserved.

However, it is open to interpretation so before you sign on the dotted line with a personal injury solicitor, you need to be confident that if you don’t win your case, you won’t be left with any bills at all.

We only work with personal injury lawyers who offer a genuine no win, no fee service, in other words, if you are not successful in claiming for your injuries after being hit by a moped, you won’t have fees or costs to pay.

Why claim compensation with Legal Expert

As well as working with specialist personal injury solicitors who offer a no win, no fee service, there are many other reasons why we are a popular choice for personal injury compensation claims;

  • Experienced – with many years’ experience in helping people to make compensation claims, we have a deep understanding of the process and how claimants and their families need to be supported.
  • Straightforward information – when you are recuperating after being injured, you need information that is up to date, easy to access and easy to understand. But we go one step further as we understand that you also need information specifically for your case, without you being obligated to continue your case with us.
  • Accessible – you may have a question you need answering or a concern you want to talk through and that is why there is always someone at the end of the phone. Alternatively, you can use our live chat facility.

Speak to our team today

Open from 9 am to 9 pm, 7 days a week, you can contact the team at Legal Expert by 0800 073 8804, a number that is free to call from most landlines and mobiles but check before you call.

There is also our live chat facility via the website or you can contact a member of our team by using our online contact us form which you will find on most pages of our website.

Useful Links

Pedestrian accident claims – Find out more about this type of claim with Legal Expert

What you need to do in the event on an accident. – Be prepared in case an accident happens by understanding what you should do.

Broken wrist information – Find out more about caring for a broken wrist and other injuries you may have suffered after being hit by a moped.

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