If you have been injured as a pedestrian because of someone else’s negligence, you may be entitled to claim compensation.
Pedestrian accident claims most commonly arise after road traffic accidents involving cars, vans, lorries, buses, cyclists or motorbikes. However, accidents can also happen in places such as car parks or private estates.
Because pedestrians have very little physical protection, injuries are often serious and can have a significant impact on health, finances, work and day-to-day life.
Can I Make a Pedestrian Accident Claim?
You may be able to make a pedestrian accident compensation claim if your injuries were caused by another person or organisation failing to take reasonable care.
This could include situations where:
- a driver failed to stop or give way;
- a vehicle was speeding or being driven carelessly;
- a driver was distracted or not paying attention;
- a vehicle reversed or turned without checking properly;
- or a road, pavement or public area was unsafe.
You do not have to be using a formal pedestrian crossing to make a claim. Every case depends on the circumstances and whether reasonable care was taken.
Who Could Be Responsible for a Pedestrian Accident?
In many cases, responsibility lies with the driver involved in the accident. Drivers have a legal duty to drive safely and avoid causing harm to pedestrians.
Depending on the circumstances, responsibility could also lie with:
- an employer, if the driver was working at the time;
- a local authority responsible for road or pavement maintenance;
- a company or occupier responsible for unsafe premises;
- or another organisation responsible for public safety.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen in many different ways, including:
- drivers failing to stop at crossings or junctions;
- vehicles turning or reversing unexpectedly;
- speeding or careless driving;
- distracted driving;
- poor visibility or bad weather; and
- unsafe pavements or poorly maintained walkways;
Drivers are expected to take extra care around vulnerable road users, especially near schools, crossings, residential areas and busy public places.
How Is Fault Decided in a Pedestrian Accident Claim?
Every pedestrian accident claim is different. To decide who was at fault, evidence will usually be considered carefully.
Important factors may include:
- CCTV or dashcam footage;
- witness statements;
- police reports;
- the speed and actions of the vehicle;
- road layout, markings and signage;
- weather and visibility conditions;
- and the actions of everyone involved before the accident.
Even if you think you may have been partly responsible, it is still important to seek legal advice, as you may still be entitled to compensation.
What Evidence Can Help Support a Claim?
Strong evidence can help improve the chances of a successful claim.
Helpful evidence may include:
- photographs of the accident scene;
- witness contact details;
- CCTV or dashcam footage;
- police or collision reports;
- medical records;
- and documents showing financial losses, such as wage slips, invoices or receipts.
Medical evidence is particularly important because it helps show the extent of your injuries, your recovery, and any future treatment or support you may need.
Common Pedestrian Accident Injuries
Pedestrian injuries are often serious because pedestrians have very little protection in a collision.
Common injuries include:
- broken bones and fractures;
- head and brain injuries;
- back and spinal injuries;
- psychological injuries, including anxiety or PTSD;
- soft tissue injuries;
- and, in some cases, fatal injuries.
Some injuries may take time to fully develop, particularly psychological symptoms and chronic pain conditions.
What Compensation Can You Claim For?
If your claim is successful, compensation may cover both your injuries and any financial losses caused by the accident.
This may include compensation for:
- pain and suffering;
- loss of earnings;
- future loss of income;
- medical treatment and rehabilitation;
- physiotherapy or counselling;
- travel expenses;
- care and assistance provided by family or professionals;
- mobility aids or specialist equipment;
- home adaptations;
- and other accident-related expenses.
Every claim is different, and the amount of compensation will depend on the seriousness of the injuries and how the accident has affected your life.
What Happens if the Pedestrian Was Partly at Fault?
In some cases, compensation may be reduced if the pedestrian’s actions partly contributed to the accident. This is known as contributory negligence.
Examples may include:
- crossing the road when it was unsafe;
- being distracted while crossing;
- or being under the influence of alcohol or drugs.
However, being partly at fault does not usually prevent you from making a claim. Compensation may simply be reduced by a percentage depending on the circumstances.
Claims Involving Children or Vulnerable Pedestrians
Drivers are expected to take additional care around children, elderly pedestrians and vulnerable road users.
The courts may assess these cases differently, taking into account factors such as age, disability, visibility and vulnerability.
What Happens if a Pedestrian Dies Following an Accident?
If a pedestrian sadly dies following an accident, certain family members or the person’s estate may be able to bring a fatal accident claim.
Compensation may include:
- funeral expenses;
- financial dependency claims;
- loss of services provided by the deceased;
- and bereavement damages in eligible cases.
Fatal accident claims are often complex and require specialist legal advice.
How Does the Pedestrian Accident Claims Process Work?
Most pedestrian accident claims follow a similar process:
Investigation
Evidence is gathered and responsibility for the accident is investigated.
Medical Evidence
Independent medical experts assess the injuries and provide reports on recovery and future treatment needs.
Valuing the Claim
Compensation is calculated based on the injuries suffered and any financial losses.
Settlement or Court Proceedings
Many claims settle through negotiation, although court proceedings may sometimes be necessary.
In serious cases, interim payments may sometimes be available before the claim is fully settled.
Is There a Time Limit to Make a Claim?
Strict time limits apply to pedestrian accident claims.
In most cases, court proceedings must be started within three years of the accident date, although different rules can apply for children, vulnerable adults and fatal accident claims.
Seeking legal advice early can help protect your position and preserve important evidence.
What if the Driver Was Uninsured or Left the Scene?
You may still be able to claim compensation even if the driver was uninsured or involved in a hit and run accident.
In some cases, claims can be made through the Motor Insurers’ Bureau (MIB), including under the Untraced Drivers Scheme for hit and run accidents.
It is important to report the accident to the police as soon as possible and keep any available evidence.
How Can We Help?
We understand how overwhelming a pedestrian accident can be and the impact it can have on every part of your life.
Our specialist personal injury solicitors can:
- investigate your claim;
- gather evidence;
- arrange medical assessments;
- deal with insurers on your behalf;
- and help you pursue the compensation you deserve.
If you have been injured in a pedestrian accident, contact us today for a free, no-obligation consultation.
You can also call us on 01244 568 535 to speak to a member of our team about your potential compensation claim.