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

By Lewis Cobain. Last Updated 9th March 2024. Welcome to our guide on how you may be able to claim compensation if you’re hit by a scooter or moped.

Pedestrian versus moped accidents are thankfully not an everyday occurrence but when they do happen, the resulting injuries a pedestrian 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 you need.

Pedestrian hit by-moped

Pedestrian hit by moped claims guide

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.

If you have further questions about claiming for being hit by a scooter, you can also contact us through our website. 

Please read on to learn more about claiming as a pedestrian after a moped collision.

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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.

Whilst most journeys pass without incident, there are occasions when a pedestrian can be hit by a scooter or 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.

As with any personal injury, you may be able to receive compensation after being hit by a scooter if you’re able to prove that the accident was caused by third-party negligence. This could be, for example, negligence from the driver of the scooter.

In this guide, we’ll explain the different types of collisions which can occur involving a pedestrian being hit by a scooter or moped. We’ll look at who is considered liable for such accidents in different potential circumstances.

We will also discuss the actions worth following if you are injured in this type of accident and decide you want to pursue a claim. This guide also looks at the potential damages you could claim following this type of accident. We’ll also explain how we can potentially assist with your claim on a No Win No Fee basis and what benefits this can bring.

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 stationary 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.

Can I Claim If I’ve Been Hit By An Electric Scooter?

You may be wondering, “can I claim if I’ve been hit by an electric scooter?” Electric scooters (or e-scooters) have massively increased in popularity over the last few years. Due to how new they are, they are still considered “on trial” as per guidance related to how they should be used.

With that in mind, if you have been hit by an electric scooter, you may be able to claim if you’re able to prove that the driver of the e-scooter went against the guidance on how to use them. To learn more about if you can claim, please contact us for free legal advice using the below details.  

Pedestrian Killed By An E-Scooter

You may also be wondering if you can claim for a loved one if they were a pedestrian killed by an e-scooter. For the first six months following their death, only the estate of the deceased can make a claim for compensation.

If a claim is not made within six months, specific family members could claim under the Fatal Accidents Act 1976 (FAA). While dependents cannot claim general damages, they could be eligible for the following payments:

  • Funeral costs
  • Loss of a special person
  • Financial dependency
  • Loss of services

Certain dependents can also claim a bereavement award, which is a fixed payment of £15,120 payable to the spouse of the deceased or the parent of the deceased if they were an unmarried minor.

If your loved one was a pedestrian hit by an electric scooter and passed away due to their injuries, get in touch with our team today for more information on claiming.

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 scooter or 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 if 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. For Great Britain, the ways that road users are expected to act is detailed in The Highway Code.
  • 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:

  • 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 to the situation of the accident.

What Is The Time Limit For A Moped Accident Or Scooter Accident Claim?

As outlined in the Limitation Act 1980, you generally have three years to start a personal injury claim. This time limit will start from the day you were injured in your moped accident.

However, there are certain exceptions to this time limit. For example, the time limit is paused for those under the age of 18. This pause will last until their 18th birthday, at which point they will then have three years to start a claim. Prior to this date, a court-appointed litigation friend could make a claim on their behalf.

Furthermore, the time limit is indefinitely suspended for those who lack the mental capacity to make their own claim. During this suspension, a litigation friend could claim on their behalf. If the person were to regain this mental capacity, they will have three years to start a claim from the recovery date if one has not already been made.

Get in touch with our advisors today to see whether you are within the time limit to start a scooter accident claim.

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. This could help you receive compensation if you have been hit by a scooter.

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 earnings, 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.

List of Compensation Payouts –  How Much Could I Claim If Hit By A Moped?

As mentioned above, you could claim for general and special damages when pursuing a claim for pedestrian accident compensation. In this section, we want to focus on what you might receive in terms of general damages. As such, we’ve included a list of compensation payouts taken from the 16th edition of the Judicial College Guidelines (JCG).

The JCG is used by legal professionals and is often used alongside medical evidence to value personal injury claims. The latest edition, published in April 2022, features compensation brackets based on settlements awarded in past claims.

Edit
Injuries Compensation Ranges Notes
Very Severe Brain and Head Injury £282,010 to £403,990 Physical limitations influence the award within this bracket.
Moderately Severe Brain and Head Injury £219,070 to £282,010 You will be left very seriously disabled.
Moderate Brain and Head Injury £150,110 to £219,070 You may experience a personality change.
Moderate Brain and Head Injury £90,720 to £150,110 There is a risk of epilepsy and your ability to work is diminished.
Minor Brain and Head Injury £2,210 to £12,770 A recovery will be made within three years.
Severe Post-Traumatic Stress Disorder £59,860 to £100,670 You are unable to function or work at the same level you did before your injuries.
Moderate Brain and Head Injury £43,060 to £90,720 Concentration, as well as your memory, are likely affected.
Severe Leg Injuries (ii) Very Serious £54,830 to £87,890

 

Movement might be limited due to multiple fractures that take years to heal.
Severe Foot Injuries £41,970 to £70,030 Anticipate extensive surgery and a fractured heel.

Please take note that the above figures should only be used as guidelines. Every case is different, and you could receive different pedestrian accident compensation than what is shown above. For a more accurate estimate, get in touch with our advisors at any point.

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. As such, there will be no hidden or upfront fees. Our solicitors will only take a small, legally capped success fee from your compensation.

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 of 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.

Further Helpful Articles

Thank you for reading our guide on potentially claiming compensation when hit by a scooter or moped.

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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.

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