You may be able to make a pedestrian accident claim for compensation if you have been injured in an RTA that wasn’t your fault.
Compensation claims for pedestrian accidents are common in the UK. Across the United Kingdom each year, there are thousands of pedestrians who are injured or killed in road traffic accidents. All road users are vulnerable to accidents but none more so than pedestrians.
Pedestrians have the highest risk of suffering fatal or catastrophic injuries in collisions on the road because they have zero physical protection when compared to other road users like motorists.
Pedestrian accidents result in a variety of injuries ranging from minor injuries such as bruises, cuts, and broken bones to life-threatening and life-changing injuries, not to mention fatalities.
Making a pedestrian accident claim
When you make a compensation claim as a pedestrian, you should look to choose a personal injury solicitor that has lots of experience in helping people secure compensation for similar incidents like pedestrians being injured in road traffic accidents with bicycles, motorbikes cars, or other vehicles.
Whether you are just looking for initial advice or looking to make a pedestrian accident claim, you need to find a solicitor with experience in these types of claims.
Pedestrian accident claims time limit
The time limit for making a pedestrian accident claim, in most cases, is within three years of the injury happening (unless you are a child, then you will have three years following your 18th birthday).
How much compensation for a pedestrian injury?
Compensation for a pedestrian injury may be awarded for many reasons but the main one is down to how severe the injury was. There are many factors that solicitors will consider when calculating how much compensation should be claimed. These include:
- The severity of the injuries
- How the accident has impacted your life
- How the accident has changed your quality of life
- Your health before the accident
- Your age
- Any other losses or expenses that you incurred because of the accident
Due to the many different considerations in each individual accident claim, compensation amounts can vary massively. This is why you should consider choosing a company or a solicitor that specialises in pedestrian accident claims.
For example, if two people are involved in pedestrian accidents and they both sustain leg injuries, one might have longer-term consequences that impact their quality of life considerably. That person might not be able to work. The other person however might recover fully after a short while and their life at work and in their social circle might return to normal fairly quickly. In these instances, the person who has a longer-term problem will usually receive a bigger compensation pay-out. It is for reasons like this that road accident claims are assessed individually as everyone’s situations are as unique as the accidents that resulted in their injury.
How does a solicitor calculate compensation for a pedestrian accident claim?
When making a pedestrian accident claim, you can get compensation for different damages. This includes:
This means compensation that is awarded because of your physical injuries and their impact on your life. It also includes psychological injuries suffered as a result too.
Compensation for special damages relate to costs/expenses incurred as a result of the injury. These can include (but not limited to):
- Medical expenses – this means the cost of any treatment and any on-going care.
- Travel expenses – this means any costs incurred while travelling during recovery – like to the doctors or the hospital
- Care claim – if you need someone to give you care during your recovery, you can claim for this care (even if it is a friend or family member that has been caring for you free of charge)
- Loss of earnings – if you are unable to work during your recovery and lost earnings as a result
- Loss of future earnings – if you cannot work as a result of the injury and will lose future earnings these can be calculated and compensated for
Pedestrian accident claims FAQ’s
What do we mean when we talk about a pedestrian accident?
A pedestrian accident is a road traffic accident that involves a person on foot as well as a vehicle.
How can pedestrians claim for the accident?
For the pedestrian accident claim to be a success, the claim must prove that the injuries were caused by someone else’s negligence or recklessness.
There are steps you can take from the outset that help make a case strong. For example, you should try and take down witness details including their full names, addresses, and contact phone numbers as well as that of the other party involved in the collision.
Secondly, you should make sure to keep any receipts for things like over-the-counter medication, prescription costs, and travel expenses. These can be included when calculating your compensation.
What are the causes of pedestrian accidents?
There are numerous causes of road traffic collisions involving pedestrians. They are often caused by reckless driving and drivers being distracted at the wheel.
Examples of pedestrian accident claims include someone suffering personal injuries such as broken bones after a pedestrian is hit by a car while crossing at a pedestrian crossing or a pedestrian being knocked over while walking their dog on the pavement by an uninsured driver mounting the kerb.
When do the majority of pedestrian accidents occur?
Road traffic accidents that involve pedestrians can happen at any time. However, they are much more common during the winter months when the weather and dark evenings make visibility worse.
Who is to blame for a pedestrian accident?
Sometimes it is straight forward to decide who is at fault for a pedestrian accident but a lot of the time it is not. For example, if someone steps onto the road to cross over and they are using their mobile phone or if a child runs in front of a vehicle, it can be difficult to decide who is to blame. However, legally speaking, it is highly unusual for the driver of the car to not be at fault.
If it is not immediately clear who is at fault, your solicitor will help to determine whether or not you have a case.
Is it expensive to start a compensation claim for a pedestrian accident?
Ways of funding pedestrian accidents compensation claims that don’t have financial risk do exist. There are many law firms that will work on a ‘no win, no fee’ basis, also known as a conditional fee agreement. This means that you shouldn’t have to pay a penny upfront and you will only pay for the service if you win the case. Normally, you agree a percentage of the compensation beforehand that they will collect if successful.
If you are a member of a trade union injured as a pedestrian, it is always worth contacting them as many unions have free legal advice as a part of their membership.
For my pedestrian accident compensation claim to be successful, what evidence do I need?
You should provide as much evidence as possible. The more evidence you have, the stronger your claim should be. Although it is not essential, it is really helpful to have photos of the scene of the accident and the location as well as witness details. It’s also useful to have receipts for expenses like travel costs or prescription fees and if you have had to take time off work following the accident, a letter from your employer. All of this information will help form a calculation for the value of your claim for compensation.
It is also still possible to claim compensation if the other party (the driver of the vehicle) leaves the scene of the accident without diving their information. The same goes for if the driver was uninsured.
I sustained injuries in a pedestrian accident on the road more than 12 months ago. Is it still possible to pursue a claim for compensation?
Yes. All injured parties have three years following the accident to claim compensation for their injuries. It is always advisable to claim as soon as possible so that the solicitor has lots of time to prepare the case properly. If you were under 18 at the time of the accident, your parent or legal guardian can claim on your behalf or you can claim once you reach 18 years old – but you then have 3 years to claim.
What things can I do to avoid being injured in a pedestrian accident?
The consequences of hitting a pedestrian can be extremely serious. However, there are lots of ways that pedestrians can minimise their risk of being injured in a road traffic accident:
- You should follow the Green Cross Code
- You should wear reflective or light-coloured clothing if you are out when visibility is poor (evening, wintertime and poor weather)
- You should avoid using your mobile when you are near or on a busy road
- You should make sure you’re always focused e.g. don’t wear headphones to make sure that you can hear any danger coming your way
- You should hold on tight to children or dogs
- You should choose the safest place to cross a road – a subway, a footbridge or a designated pedestrian crossing
- You should stop before stepping onto a road and ensure you check each direction to make sure there are no vehicles approaching
- You should look for traffic but listen for traffic too
- You should cross the road safely when you are able to while still looking out for traffic
All of these steps will help reduce your chances of being involved in a pedestrian accent. Unfortunately, even with all necessary precautions, there could still be a chance that a reckless driver is speeding around the next corner and you’re never going to be 100% safe on the roadside.