Being hit by a vehicle as a pedestrian can have devastating consequences. Even at relatively low speeds, pedestrians have very little protection, meaning accidents often result in serious injuries, lengthy rehabilitation and time away from work.
If you have been injured because of another road user’s negligence, you may be entitled to make a pedestrian accident compensation claim. However, proving who was legally responsible is not always straightforward. Liability depends on the circumstances of the accident, the available evidence and, in some cases, whether the pedestrian also shared some responsibility.
At Oliver & Co Solicitors, our experienced personal injury solicitors have helped many clients pursue successful pedestrian accident claims. We understand the legal and practical challenges these cases can present and work to build the strongest possible case on your behalf.
Can You Make a Pedestrian Accident Claim?
If your injuries were caused by another person’s negligence, you may be able to claim compensation.
Many pedestrian accident claims arise after:
- Being hit by a car while crossing the road
- Collisions at pedestrian crossings
- Accidents involving vans, taxis or delivery vehicles
- Incidents in car parks
- Workplace transport accidents
- Accidents involving cyclists or motorcycles
Every case is different, which is why obtaining early legal advice is important. A solicitor can assess the evidence, explain your legal position and advise whether you have grounds to pursue compensation.
How Is Fault Decided in a Pedestrian Accident Claim?
One of the first questions in any pedestrian accident claim is who was legally responsible for the collision.
A driver owes a duty of care to other road users, including pedestrians. They are expected to drive safely, remain alert and respond appropriately to hazards as they develop.
When deciding liability, the court considers whether the driver acted as a reasonably careful driver would have done in the same circumstances.
For example, the court may consider:
- Whether the driver was travelling at an appropriate speed
- Whether they were paying proper attention
- Whether they had sufficient time to react
- The visibility and weather conditions
- Whether the pedestrian was clearly visible
Establishing liability is not always straightforward, particularly if the driver disputes how the accident happened. This is why gathering evidence quickly is often crucial.
Why Does the Location of the Accident Matter?
Where the accident happened can have a significant impact on how a claim is handled.
A pedestrian accident on a public road may involve different legal considerations to an accident that occurs:
- In a supermarket car park
- At a workplace
- On private land
- On commercial premises
The location may determine who is legally responsible, which insurer deals with the claim and what evidence needs to be obtained.
Identifying the correct defendant at an early stage is an important part of building a successful claim.
Are Drivers Always Responsible?
Not necessarily.
Although drivers are often found to be mainly responsible, liability is never automatic. Every accident is assessed on its own facts.
For example, a driver travelling within the speed limit may still be considered negligent if they were driving too fast for the conditions. Equally, there are situations where a pedestrian may also have contributed to the accident.
Our solicitors carefully investigate every aspect of the collision to ensure responsibility is fairly assessed and unsupported allegations are challenged.
What Is Contributory Negligence?
You may hear the term contributory negligence during a pedestrian accident claim.
This simply means the injured person is alleged to have contributed, at least in part, to the accident or the severity of their injuries.
Examples might include:
- Crossing the road without paying proper attention
- Stepping into the road unexpectedly
- Ignoring pedestrian crossing signals
If contributory negligence is established, compensation is not usually refused altogether. Instead, it may be reduced by a percentage that reflects the pedestrian’s share of responsibility.
Insurance companies frequently raise contributory negligence arguments to reduce compensation. Our role is to carefully examine the evidence and challenge any allegations that are unsupported or unfair.
How Are Child Pedestrian Accident Claims Different?
The courts recognise that children do not always understand danger in the same way as adults.
When considering whether a child contributed to an accident, the court takes account of their age, maturity and ability to appreciate risk.
Generally speaking:
- Younger children are given greater legal protection.
- Very young children are rarely found partly responsible.
- Older children may be expected to have a better understanding of road safety.
These cases often require particularly careful investigation and sensitive handling, especially where serious injuries have been sustained.
What Evidence Helps a Pedestrian Accident Claim?
Strong evidence is often the key to a successful compensation claim.
The most valuable evidence is usually obtained as soon as possible after the accident and may include:
- Witness statements
- Police reports
- Photographs of the accident scene
- Photographs of vehicle damage and injuries
- CCTV footage
- Dash cam footage
- Medical records
- Accident reconstruction evidence where appropriate
Our solicitors work with independent experts where necessary to establish exactly how the collision occurred and who was responsible.
Do Previous Driving Convictions Matter?
In most pedestrian accident claims, the court focuses on the circumstances of the accident itself rather than a driver’s previous record.
However, every case is different. Where previous behaviour is legally relevant, we will consider whether it should form part of the evidence.
Can Someone Other Than the Driver Be Responsible?
Yes.
In some cases, another individual or organisation may also be legally responsible.
For example:
- An employer whose employee caused the accident while working
- A delivery company
- The owner or occupier of private land
- An organisation responsible for unsafe premises
Identifying every potential defendant at an early stage helps ensure the claim is brought against the correct parties and avoids unnecessary delays later.
Have the Highway Code Changes Affected Pedestrian Accident Claims?
Recent updates to the Highway Code introduced a stronger hierarchy of road users, placing greater responsibility on those who have the greatest potential to cause harm, including drivers.
These changes can be relevant when considering issues such as:
- Priority at junctions
- Pedestrian crossings
- Driver awareness
- Safe passing distances
Understanding how these rules apply to individual cases can make a significant difference when liability is disputed.
Do Pedestrians Have to Wear Reflective Clothing?
No.
A pedestrian will not automatically be considered responsible simply because they were wearing dark clothing or were not wearing reflective items.
The court looks at the overall circumstances of the accident rather than focusing on one single factor.
Each case is assessed on its own facts.
Why Choose Oliver & Co Solicitors?
Pedestrian accident claims can involve complex legal and factual issues, particularly where liability is disputed or serious injuries have been sustained.
At Oliver & Co Solicitors, we have extensive experience helping injured pedestrians secure compensation following road traffic accidents.
We can help by:
- Investigating how the accident happened
- Gathering witness and CCTV evidence
- Obtaining independent medical reports
- Challenging allegations of contributory negligence
- Negotiating with insurers
- Calculating future financial losses
- Representing you throughout court proceedings if necessary
Above all, we understand that making a claim is about more than compensation. It is about helping you access the rehabilitation, treatment and financial support you need to move forward after a serious accident.
Frequently Asked Questions About Pedestrian Accident Claims
Can I Claim Compensation If I Was Hit by a Car?
Yes, if another road user was wholly or partly responsible for the accident, you may be entitled to make a pedestrian accident compensation claim.
What If I Was Partly to Blame?
You may still be able to claim compensation. If the court decides you contributed to the accident, your compensation may simply be reduced rather than refused altogether.
How Long Do I Have to Make a Claim?
In most personal injury cases, you have three years from the date of the accident to begin legal proceedings, although exceptions apply in some circumstances.
Will My Claim Go to Court?
Most pedestrian accident claims are settled through negotiation without the need for a trial. However, if liability is disputed, court proceedings may sometimes be necessary.
Speak to Our Pedestrian Accident Solicitors
If you or a loved one has been injured in a pedestrian accident, obtaining early legal advice can make a significant difference to your claim.
At Oliver & Co Solicitors, our experienced personal injury team will investigate the circumstances of the accident, explain your legal options in plain English and work to secure the compensation, rehabilitation and support you deserve.
Contact us today on 01244 312306 or email law@oliverandco.co.uk for a free, no-obligation discussion about your pedestrian accident claim.